Wednesday - June 27, 2012

‘guilty until proven innocent’

I don’t know if this is just my own knee jerk reaction or not.  Of course I can’t know about you readers out there but, personally I’m against this.
I think there could be times when someone may download something and not be aware.  I can’t offhand think of any examples, but the idea that you’re automatically guilty and must then pay to prove otherwise seems to me to be unfair in the extreme.

The recording and movie industry constantly make the claim of losses in gazillions, okay maybe only millions, but I am not sympathetic to them.
It isn’t that I approve of theft.  But I can tell you with certainty because I have worked in one and been close to another, the entertainment industry and most especially the motion picture industry, probably lose more to union jobs that do not exist, then they do to this piracy thing. 

I realize they lose much in the piracy committed by criminal gangs and people in places like China and I understand India as well. Or so I’ve heard.
I have heard figures in the millions they say, by ordinary folks who simply download something from YouTube and other sources.

Well, when they find a way to curb the waste I know went on in the past and so think it still does, and when they quite literally can no longer afford the multi,multi millions they pay the “stars” which all result in overblown ticket prices, maybe then I’d feel like saying awe. Poor you. I feel your pain. 

I no longer go to movies.  If we had a TV I am sure we’d be happy to buy DVDs or rent movies we want to see.  So this more then likely would not have any affect
on us.  I am quite happy with You Tube and on the odd occasion, BBC catch up service via computer.  But I still see this as wrong and unfair, unless someone can point out the error in my thinking and point me in another direction.

Guilty until proven innocent: Families will have to pay £20 to show they DIDN’T illegally download music under new law

* Regime designed to stamp out internet piracy will treat individuals as ‘guilty until proven innocent’

* People wrongly accused of making illegal downloads will have to pay £20 fee to appeal and prove their innocence

* Move has angered consumer groups

By SEAN POULTER

Internet users who illegally download music, movies and e-books will be sent warning letters in a crackdown that could lead to court action for copyright theft.

A new regime to tackle online piracy will in effect treat individuals as ‘guilty until proven innocent’.

Those wrongly accused of illegal downloading will have to pay a £20 fee to appeal in a move that has angered consumer groups.

The same Act includes punishments that could, in future, see accused families having their internet service slowed down, capped or even cut off.

An industry code will require large internet service providers (ISPs) such as BT, Virgin, Sky and TalkTalk to send warning letters to families suspected by entertainment firms of illegally downloading or uploading copyright material.

If a customer gets three letters or more within a year, copyright holders such as movie and music companies will have a right to ask for details of the material involved.

These companies will then be able to apply for a court order requiring the ISP to reveal the customer’s name and address.

The information would be used to pursue the person involved through the civil courts for damages.

However, there are concerns that innocent internet users, for example those whose wireless connections are hijacked by a neighbour or criminal, will be caught up in the new regime.

Those sent a warning letter will be assumed guilty unless they can prove their innocence after paying a £20 fee to appeal to an Ofcom body.

MOST PIRATED MOVIES OF 2011
Fast Five – 9.2million downloads
The Hangover II – 8.8million downloads
Thor – 8.3million downloads
Source Code – 7.9million downloads
I Am Number Four – 7.6million downloads
Sucker Punch – 7.2million downloads
127 Hours – 6.9million downloads
Rango – 6.4million downloads
The King’s Speech – 6.2million downloads
Harry Potter and the Deathly Hallows: Part 2 – 6million downloads

Mike O’Connor, of the customer body Consumer Focus, said: ‘Copyright infringement is not to be condoned, but people who are innocent should not have to pay a fee to challenge accusations. It could deter those living on low incomes from challenging unfair allegations.’

If the new system does not stop piracy, ministers will be able to go back to Parliament to enact rules in the Digital Economy Act that could see households having their internet service cut off.

‘The ability to appeal is therefore critical to ensure consumers who have done nothing wrong are not deprived of internet access further down the line,’ said Mr O’Connor.

Creative industries minister Ed Vaizey said entertainment firms had to be able to ‘protect their investment’, adding: ‘The Digital Economy Act is an important part of protecting our creative industries against unlawful activity.’

Ofcom’s Claudio Pollack said: ‘Ofcom will oversee a fair appeals process, and also ensure that rights holders’ investigations under the code are rigorous and transparent.’

source

Posted by peiper     on 06/27/2012 at 06:12 AM   
Filed Under: • Hollywood • Inflation and High Prices • Judges-Courts-Lawyers • MOVIES • Music •  
• Comments (3) • Trackbacks(0)  Permalink •  

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