[pp.int.general] The USA to copy French `anti-piracy' laws?

[Robbie E. C. A. Hontelé]

Really, all the member states need to do is create a law that dictates
ISP's
to add a line in the contract towards their customers to disconnect them if
they get accused of file-sharing three times without warning.

If they make that mandatory for all ISP's(ex make it part of the license to
become an ISP) then the government does not directly implement the
3-strikes
regime, but has the ISP's do that for them.

That would be the way to bypass the trias politica and get what they want.
That is what the leaked documents on the ACTA-issue said, and are the most
probable way to get this done IMHO.

What can a judge say when a customer get's disconnected for breaking the
contract between ISP and customer? Knowing how the contract says "accused"
and not "having found guilty" it is easy to get this done. The only thing
the
customer can do is is choose to appeal the law and then ask the ISP to
change
the contract. That - I fear - will never happen with the current rate of
corruption in the modern-day governments.

What can European Court do against this? Say that the member state has been
a "bad boy" and needs to pay a fine? Kick the member state from the Union?

If USA implements these laws then they need to be federal, and there is no
real way to appeal these laws. We all know that.

Kind regards,

Robbie

On Wed, 25 Nov 2009 16:35:47 +0100, Jerry Weyer
<jerry.weyer at piratepartei.lu> wrote:
> On 25 nov. 09, at 15:44, Sven Clement wrote:
> 
>> Are we sure yet that France's laws are even compatible with recent EU
>> legislation?
>>
>> IMHO this will be decided by the European Courts
>>
> 
> 
> The member states still have to implement the directives. 3 Strikes  
> models are still possible, even without judicial control. Though the  
> original model of the 3 strikes model in France is dead ("automatic"  
> shut down of internet after 3 warnings), the member states can still,  
> in the implementation of the directive, interpret certain aspects to  
> the way that people all over Europe get their internet access shut  
> down without the decision of a judge.
> 
> That's only one part why it's sad (to say the least) that "our"  
> representative voted for the package.
> 
> Jerry
> 
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