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European Parliament Rejects Three Strikes and You're Out Approach

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Thursday March 26, 2009

Days after New Zealand dropped its support for the "three strikes and you're out" approach (also known as "graduated response") that would see ISPs terminate subscribers on the basis of three unproven allegations of copyright infringement, the European Parliament has similarly rejected the proposed approach.  Le Quadrature du Net reports that France had tried to generate support with the EP for a pan-European approach (France now one of the lone holdouts for the system).   Today the EP rejected the French pressure, adopting a new report on security and fundamental freedoms on the Internet that expressly rejects disproportionate measures for IP enforcement and warns IP holders against excessive access restrictions.

The key paragraph states that the Parliament recommends that the European Council:

proceed to the adoption of the directive on criminal measures aimed at the enforcement of intellectual property rights, following an assessment, in the light of contemporary innovation research, of the extent to which it is necessary and proportionate, and while simultaneously prohibiting, in pursuit of that purpose, the systematic monitoring and surveillance of all users’ activities on the Internet, and ensuring that the penalties are proportionate to the infringements committed; within this context, also respect the freedom of expression and association of individual users and combat the incentives for cyber-violations of intellectual property rights, including certain excessive access restrictions placed by intellectual property holders themselves;

While this is a mouthful, it is noteworthy that the Parliament emphasizes proportionality, the rejection of Internet monitoring, and the use of excessive access restrictions placed by IP rights holders.

Update: Network World reports that attempts to place the three strikes approach in the European Telecoms package has similarly failed.

Comments (6)add comment

Nathan said:

Good to know
that there are some people with a head on their shoulders, and since its the EP that ruled on this, the RIAA is going to have a heck of a time to either get this overruled(if possible) or be forced to pull out their interests in Europe, which is not necessarily a bad thing, after all the only thing coming out of the RIAA's members lately has been complete and utter crap.
March 27, 2009

zyamok said:

zyamok
Note that this report is not legislative.

What is more important is the legislative process of the Telecom Package, where the big guys have their lobbyists everyday in the European Parliament.
March 27, 2009

Anthony Hemond said:

...
@zyamok

right, except the fact it's the second time the European Parliament votes this type of disposition.
The first one was the amendment 138, in the Telecom Package.

March 27, 2009

kenny said:

...
off topic: Any comment about Bill C-285
March 27, 2009

Anon said:

Russia: "We didn't read ACTA, but we support it"
Russia did not read ACTA because their lobbyists were not cleared to see the text, but they support ACTA nevertheless:

http://bablaw.livejournal.com/58194.html
March 28, 2009

CHRONOSS said:

BILL C-285
well seems htat if in one way the software or hardware designer must back door and not let the public know of the backdoor that might also lead to ALL open source in canada being made illegal
no more fire fox
no more google
no more 67% of your websites ( apache)
no more mobile devices as most are made wiht open source code and if you sell it you have to open the code
and if you dont show the back door.....
you cant UGH
NAZI VILLE HERE WE COME

i need to start buying weapons this is not going to go well
March 28, 2009

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