Linked by Thom Holwerda on Thu 24th Nov 2011 11:15 UTC
Legal While the US is still pondering SOPA, we just got some absolutely fantastic news out of Europe. The European Court of Justice, the highest court in the European Union, has just ruled that P2P filters installed by ISPs violate the European Directive on electronic commerce as well as fundamental rights [full ruling]. This is a hugely important ruling that effectively protects all member states of the European Union from ever being subjected to ISP filtering and spying.
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The problem is people will always find ways to pirate, so content holders treating everyone as criminals to catch a small few (comparatively speaking) who do pirate. This goes against everything that the developed world's courts are based upon (innocent until proven guilty), not to mention massively inconveniences legitimate users.

I don't have a problem with organisations auditing businesses to ensure they have the correct licences but there does come a point when fanaticism for catching every single user -who likely wouldn't pay for your software under any conditions- starts costing you more than you'd recoup with software sales.

I'm not saying my ideology is perfect, but I do wonder if the cost of anti-piracy measures cost more than the money content holders earn from strong arming these sales. Perhaps that's why we see ludicrous damages fees (several $millions) targeted at individuals who, all things considered, were small time P2P hosts; perhaps those damages are to cover the cost of catching these people rather than the loss of sales. Or perhaps I'm just looking for a conspiracy now?

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