Linked by Thom Holwerda on Sat 7th Nov 2009 11:22 UTC
Legal Every now and then you come across these news items that make just too much sense to be true. Earlier this year, the International Federation of the Phonographic Industry threatened Norway's largest ISP, Telenor: block access to The Pirate Bay within 14 days, or face legal action. Telenor refused to comply - so it went to court. In what can only be seen as a major victory, the judge sided with Telenor.
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As it should be.
by Tuishimi on Sat 7th Nov 2009 13:21 UTC
Tuishimi
Member since:
2005-07-06

If they have a problem with Pirate Bay they should go after Pirate Bay and not the ISP who has a duty (IMO) to have open access to everything on the "web."

Reply Score: 9

Comment by GhePeU
by GhePeU on Sat 7th Nov 2009 16:26 UTC
GhePeU
Member since:
2005-07-06

this is the industry whose only new business model in the past decades has been Sue Like Crazyâ„¢.

Not true. They also invented "pay lawmakers to regularly increase duration of copyright protection."

Reply Score: 4

Comment by sbenitezb
by sbenitezb on Sat 7th Nov 2009 16:44 UTC
sbenitezb
Member since:
2005-07-22

At first glance I read The International Federation of the Pornographic Industry.

Reply Score: 4

RE: Comment by sbenitezb
by shykid on Sat 7th Nov 2009 19:07 UTC in reply to "Comment by sbenitezb"
shykid Member since:
2007-02-22

At first glance I read The International Federation of the Pornographic Industry.


Glad I'm not the only one who did that.

Reply Score: 4

RE: Comment by sbenitezb
by Tuishimi on Sat 7th Nov 2009 20:44 UTC in reply to "Comment by sbenitezb"
Tuishimi Member since:
2005-07-06

LOL! I did too.

Reply Score: 2

RE: Comment by sbenitezb
by Quake on Sun 8th Nov 2009 06:09 UTC in reply to "Comment by sbenitezb"
Quake Member since:
2005-10-14

PHEW! I'm not the only one :p

Reply Score: 1

RE: Comment by sbenitezb
by kristianhk on Sun 8th Nov 2009 15:58 UTC in reply to "Comment by sbenitezb"
kristianhk Member since:
2009-06-08

+1

Reply Score: 1

RE: Comment by sbenitezb
by amoldan on Mon 9th Nov 2009 05:18 UTC in reply to "Comment by sbenitezb"
amoldan Member since:
2009-07-25

Me too!!

Reply Score: 1

Comment by big_gie
by big_gie on Sat 7th Nov 2009 17:12 UTC
big_gie
Member since:
2006-01-04

Would it be reasonable to sue a city which provides the road to a building which some says contains an illegal business?
Who's doing something wrong? The city or the business? Should the workers who built the road be held responsible too for something they don't have control on?

Reply Score: 1

v RE: Comment by big_gie
by Nolongeraclone on Sat 7th Nov 2009 18:30 UTC in reply to "Comment by big_gie"
RE: Comment by big_gie
by Tuishimi on Sat 7th Nov 2009 20:46 UTC in reply to "Comment by big_gie"
Tuishimi Member since:
2005-07-06

I agree. And more to the point, the road was ALREADY THERE when the building housing persons performing illegal actions was built after the fact.

Reply Score: 3

Sounds like frivolous litigation to me.
by shykid on Sat 7th Nov 2009 19:17 UTC
shykid
Member since:
2007-02-22

Seriously, what kind of legal reasoning did this federation use to arrive at the conclusion they could win such a lawsuit?

IANAL, but in the states, I'm pretty sure such a lawsuit would be laughed out of court and have "frivolous litigation" written all over it.

Edited 2009-11-07 19:27 UTC

Reply Score: 2

The Real Lack of Common Sense
by rexstuff on Sat 7th Nov 2009 19:41 UTC
rexstuff
Member since:
2007-04-06

The real lack of common sense is in the actual ability of an ISP to block access to a website. An HTTP proxy, or something like Tor is next to trivial to setup, even for not-terribly-savvy computer users.

I cannot think of a way any ISP can easily block access to an individual website, while still allowing general access to the Internet that cannot be easily circumvented.

And even if they did, or could, so what? How many other public torrent trackers are there? Do they seriously think that blocking access to one will slow the flow of torrents one iota?

Once again, we have the problem of people and organizations ignorant of technology trying to use/implement the legal system around it. Legislators don't understand, lawyers don't understand, and judges don't understand; I despair that we can never hope to have reasonable laws regarding techology, copyright, and freedom of speech.

Reply Score: 4

RE: The Real Lack of Common Sense
by WorknMan on Sun 8th Nov 2009 16:19 UTC in reply to "The Real Lack of Common Sense"
WorknMan Member since:
2005-11-13

I cannot think of a way any ISP can easily block access to an individual website, while still allowing general access to the Internet that cannot be easily circumvented.

And even if they did, or could, so what? How many other public torrent trackers are there? Do they seriously think that blocking access to one will slow the flow of torrents one iota?


You're right, there's nothing they can do to stop torrents, or piracy in general. This is the same reason why the content providers will never be able to come up with a business model that competes with piracy. No matter how cheap they make the content, people who want to download it for $0 will continue to do so, and there's nothing that can be done about that.

And I like the pic of the shirt that says 'You wouldn't download a car...', though I'm sure most people would if they could. And they will, just as soon as technology allows them to do so. And then they'll bitch about how expensive cars are in order to justify their actions.

Edited 2009-11-08 16:21 UTC

Reply Score: 2

Comment by Luminair
by Luminair on Sun 8th Nov 2009 03:59 UTC
Luminair
Member since:
2007-03-30

PS: IMHO I would sooner see another bit of OS news on the front page, this story is on every regular tech site

Edited 2009-11-08 03:59 UTC

Reply Score: 3

From the US...
by UltraZelda64 on Sun 8th Nov 2009 06:05 UTC
UltraZelda64
Member since:
2006-12-05

Congratulations to all those other countries whose governments still have at least some common sense and decency. Good job, Telenor and Norway. Stick to your rights. Too bad it seems my own country is always in favor of throwing them out every chance these big companies get. And they almost always get their way.

Edited 2009-11-08 06:08 UTC

Reply Score: 3

bugjacobs
Member since:
2009-01-03

Not that I care much for The Pirate Bay, (who has made the IFPI and others so pissed off they are likely to get governments even another reason for introducing more strict copyright-fascism, like in the recent ACTA laws and the three-strikes-and-your-off-the-net). But it would be ridiculous if the IFPI won this case. Telenor supplies the tubes.. They cant be put as a watchdog to the content of them .. Except in the case of the child porn filter that KRIPOS supplies in Norway.

Reply Score: 0

Finite amount of common sense
by license_2_blather on Sun 8th Nov 2009 22:32 UTC
license_2_blather
Member since:
2006-02-05

There must only be a finite amount of common sense on Earth. When you see an abundance of it in some areas, as in this case, it seems to leave a vacuum in others -- like in the US, where the Obama Administration is not-so-secretly-anymore-thanks-to-the-Internet trying to turn the RIAA's and MPAA's agendas into international treaty (the aforementioned ACTA).

I truly hope the rest of the world gives Mr. O the finger on this one.

Reply Score: 1