Roy Schestowitz wrote:
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ISP Capitulates to IFPI, Agrees to Disconnect Pirates
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| Up until today, the ‘Big Four’ record labels were taking legal action against
| Ireland’s biggest ISP, Eircom, in order to force it to employ filtering
| technology to stop online pirates. The case has been aborted as Eircom, at
| the behest of the music industry, has agreed to start disconnecting those
| accused of illicit file-sharing.
...Which opens the ISP up to a breach of contract suit when they
disconnect the wrong line.
Eircom are NOT Deputised packet police. They are there to provide a
service. Mere accusation to can a connection? We have this thing called
corpus delicti, which means that physical evidence of a crime must be
produced before any type of prosecution, whether internally or through a
court (civil for copyright infringement, criminal for EUCD violation),
can take place. Sucks I know. But, there ya go.
We also have this thing called defamation of character. OK, this can
only go through the civil courts, but some ISP somewhere is gonna
disconnect the wrong person, and that person is gonna have the fiscal
clout to bring them to their knees.