On TechRepublic: 10 cool USB flash drive tricks
BNET Business Network:
BNET
TechRepublic
ZDNet
TalkBack 5 of 131:
Next »
« Previous
Your misunderstanding
What the EU is effectively saying is that privacy protection is guaranteed in civil courts.

However the civil actions for alleged copyright abuses are not using a criminal procedure, and the alleged charges in civil procedures do not respect the same level of proof, as they normally leave space to negociation, outside courts. The consequences are also much lower for civil actions.

Given the way the proofs will now be collected, using just private justice (sort of revolution in Europe, where the role of the judge and even the police is discarded), it is important to see that the EU does not want to see someone charged because of very weak allegations justifed by just the presene of an IP address in some packet, in a network like Internet where the data source is not even authenticated, and where there are so much data going from PC to PC without even the user being aware that their PC is abused and harnessed by someone else, and when the user do not even know exactly what is going through their connection.

An IP is a very weak proof. You can't use it as if it was a criminal proof, and if you are using civil procedures, the minimum you must do is to ensure that there's space for negaciation, where the ISP will protect its user and act as a possible proxy for the negociation to occur.

If a copyright owner has problems with what is circulating on the Internet, it should start an action against the ISP, not its users, and negociate with the ISP to claim some damages (not necessarily in a court). Then the ISP can also renegociate with its subscribers. In a civil procedure, everyone has its responsability, and the civil courts are just there to help finding some compromize when such negociation fails.

We are not talking about criminal actions, that really requires strong proofs, collected by trustable agents with strong responsabilities and mandates: police officers, judges and experts with official charges and obligations of secret in their investigations.
Posted by: PhilippeV   Posted on: 01/30/08 You are currently: a Guest | Members login | Terms of Use
Reply to Story Reply to Message

Alert moderator to an offensive message

Subscribe to this discussion via Email or RSS

What the ???  No_Ax_to_Grind | 01/29/08
EU is right  Linux Geek | 01/29/08
Nice dodge on what I said.  No_Ax_to_Grind | 01/29/08
I'd expect a criminal...  BFD | 01/29/08
Your misunderstanding  PhilippeV | 01/30/08
I agree, and I think no_ax has dodged  Mahegan | 01/30/08
Are you all kidding or what?  mlambert890@... | 01/30/08
Wrongful death by MP3?  tikigawd | 01/30/08
The fact that you don't seem to understand the difference...  kingmph@... | 01/30/08
The Point is . . .  JLHenry | 01/31/08
Hey M@R@N !!!  blaze1024 | 01/31/08
Good point.  Mephysto | 01/31/08
The Consitution does NOT guarantee "privacy"  NeverLift | 01/30/08
wrong  PhilippeV | 01/30/08
You can't really be this stupid, can you?  B.O.F.H. | 01/29/08
You did read the article right?  No_Ax_to_Grind | 01/29/08
You should learn the difference between civil and criminal law!  B.O.F.H. | 01/29/08
Reading is fundemental...  No_Ax_to_Grind | 01/29/08
LOL... so is spelling, dude.  James T. Kirk | 01/29/08
You sound like a Ron Paul backer  jrbeaman | 01/30/08
he said "wrongful death"  mlambert890@... | 01/30/08
No, it doesn't.  JLHenry | 01/31/08
Sadly...  IT_Guy_z | 01/29/08
When you have nothing to say, make insults  No_Ax_to_Grind | 01/29/08
He is related to you?  B.O.F.H. | 01/29/08
Irony lives on  mlambert890@... | 01/30/08
Some important reading for you. No Axe  ben.rattigan | 01/31/08
NoAxe won't read  nizuse | 02/01/08
Hear, hear! (NT)  WiredGuy | 01/31/08
Well, no...  James T. Kirk | 01/29/08
Good point  voska1 | 01/29/08
A civil case is a civil case???  No_Ax_to_Grind | 01/29/08
Wow  BlackDiamond | 01/30/08
Wow!  mlambert890@... | 01/30/08
Consider the EFFECT OF THE WIDER PRECEDENT!  kingmph@... | 01/30/08
Wow II  BlackDiamond | 01/31/08
Wronful death is. . . .  JLHenry | 01/31/08
You really don't have a clue  ben.rattigan | 01/31/08
Eu as very right to make law and apply then as they see fit  Quebec-french | 01/29/08
Obviously true, situational application of "law"  No_Ax_to_Grind | 01/29/08
wrong!  PhilippeV | 01/30/08
Hey no axe its not because other see things differently  Quebec-french | 01/29/08
Au cours de ces discussions  Mahegan | 01/30/08
"EU sovereignty"?  PhilippeV | 01/30/08
What do you EXPECT from a willfully stupid Bushl Nazi MSFT Bigot like No_A  drprod@... | 01/30/08
Wait.. huh?  tikigawd | 01/30/08
Re: What the ???  none none | 01/29/08
big leap  egilbert@... | 01/30/08
[scarcasm]The EU is great[/scarcasm]  LeeC | 01/30/08
UK case  PhilippeV | 01/30/08
Daily Mail?  ben.rattigan | 01/31/08
Make us all think in metric  a_wellstead@... | 01/31/08
Nothing  ben.rattigan | 01/31/08
Spoken like  n00b-herder | 01/30/08
I'll Reply  ben.rattigan | 01/31/08
No need to worry Axe  nizuse | 02/01/08
Rights of the individual  roberto_maietta@... | 01/29/08
This should be apply worldwide  Mectron | 01/29/08
Americans are going to learn to serve Europeans and other foreigners ...  George Mitchell | 01/29/08
A bit pessimist here  Quebec-french | 01/29/08
The Dollar is the key to much of America's dominance in the world ...  George Mitchell | 01/29/08
I'm just curious  Shelendrea | 01/29/08
I live in the USA ...  George Mitchell | 01/29/08
hmmm  Shelendrea | 01/29/08
I don't disagree with you on that at all ...  George Mitchell | 01/29/08
Exactly so  Mahegan | 01/30/08
Some confusion about national debts  PhilippeV | 01/30/08
Other than another 5 paragraph dissertation...  mlambert890@... | 01/30/08
I agree  Mahegan | 01/30/08
what are you telling us?  Linux Geek | 01/29/08
Because they are elected  Linux User 147560 | 01/30/08
You seem thrilled by that...  mlambert890@... | 01/30/08
...  Linux User 147560 | 01/31/08
In other words . . .  JLHenry | 01/31/08
Don't bet on that . . .  JLHenry | 01/31/08
...  Linux User 147560 | 02/01/08
Look. The Stephen King of economics  GuidingLight | 01/29/08
So what part is fiction?  George Mitchell | 01/29/08
In a democracy  Mahegan | 01/30/08
...  Linux User 147560 | 01/31/08
...  Linux User 147560 | 01/31/08
No fiction there, I'm afraid. Year after year with a new  hkommedal | 01/29/08
the worst part is  Quebec-french | 01/30/08
We are in a world economy now  jrbeaman | 01/30/08
We are in a tied world  PhilippeV | 01/30/08
Which is a GOOD thing . . .  JLHenry | 01/31/08
Close, but you forget...  jrbeaman | 01/30/08
...  Linux User 147560 | 01/30/08
I agree  Mahegan | 01/30/08
Interesting  Shelendrea | 01/29/08
Re: Interesting  none none | 01/29/08
Murder and File sharing are two different things  Shelendrea | 01/29/08
Lets think this through ...  George Mitchell | 01/29/08
And why does that make any sense?  lneves | 01/31/08
Yes. MUCH less burden of proof in a civil case.  hkommedal | 01/29/08
You are right  legalista | 01/30/08
You and I  djchandler | 01/30/08
Most music is owned by foreign companies  terry flores | 01/29/08
This is about more than just music ...  George Mitchell | 01/29/08
IP Doesn't Exist  TheGooch1 | 01/30/08
Guess U2 will have to file criminal charges  Boot_Agnostic | 01/30/08
Yup.  jrbeaman | 01/30/08
So ... as a songwriter  david@... | 01/30/08
Maybe songwriters  Mahegan | 01/30/08
Really?  LeeC | 01/30/08
As an employee, my IP  Mahegan | 01/30/08
RE: EU court: File sharers don't have to be named  Dr.C | 01/30/08
Unfortunately, that isn't what happens  NeverLift | 01/30/08
Civil vs Criminal.....about time...  bluegil | 01/30/08
Too bad we can sign up with an ISP "located" in the EU.  NeverLift | 01/30/08
Typo: Read "can't sign up", not "can"  NeverLift | 01/30/08
A typo, really?  PhilippeV | 01/30/08
Ahah! Now it makes sense  legalista | 01/30/08
It is a mixture of civil and criminal law in Australia  Mahegan | 01/30/08
infringement is not an intrusion  PhilippeV | 01/30/08
very true  PhilippeV | 01/30/08
The laws need an overhaul  mlambert890@... | 01/30/08
listen to yourself....  sjaaxken | 01/31/08
Actually,  legalista | 01/30/08
RIAA wants free legals  Mahegan | 01/30/08
Oh wow...  mlambert890@... | 01/30/08
Wrongful death  Mahegan | 01/30/08
What EU says is  Thore | 01/30/08
RE: EU court: File sharers don't have to be named  djchandler | 01/30/08
RE: EU court: File sharers don't have to be named  djchandler | 01/30/08
Sorry!  djchandler | 01/30/08
3 cheers for the EU  billjacobus1 | 01/30/08
The problem is the music industry and  Boot_Agnostic | 01/31/08
It's about dam time  blaze1024 | 01/31/08
Good point.  Mephysto | 01/31/08
We'll never know who wrote the software  BALTHOR | 01/31/08

What do you think?

SponsoredWhite Papers, Webcasts, and Downloads

advertisement
advertisement