“STRIKE THREE… YOU’RE OUT”
France’s current policy of ‘Three Strikes’ of copyright infringement and you lose your internet access for up to a year [ (Anderson, 2009) ] is not a solution to the current problem of media piracy. With such countries as the U.S., European Union and South Korea allegedly [ (Ondrejka) ] participating in talks on whether they should introduce this policy in their countries, they are inevitably backing themselves into a corner that they know they cannot control. As with almost any plan, there are several issues that need to be addressed. These include the software that is being used to detect the infringing behaviour, the ways that people can still get connected if they get caught three times and what would happen if you need an internet connection for your work.
The first problem that is going to be encountered if, and when, these laws are introduced, is the software that would be used to pick up the copyright infringement. The software that is currently used in France is reportedly a ‘notorious’, ‘error-prone’ piece of software that both does not pick up on everything that is done, and picks people up for things that they have not done. The issue of this is that because the software is not 100% accurate, is it going to pick up a child whom innocently posts a segment of song lyrics on a social networking site? What happens if a video is downloaded off a P2P networking site that a distant family member has posted, so that one can see what happened on their side of the world last weekend? Does this mean that you would get a strike for this?
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Another issue is ways that people will find to remain connected once they have been disconnected. In this ever changing society of network coverage and capabilities, there will always be ways to remain connected. Although you have been disconnected at home, you still may be able to connect your mobile phone or portable computing device to the cellular network and remain connected that way. If they do cut off your personal devices capability to connect to the internet, then you have the option to purchase a pre-paid wireless modem stick that can be purchased from retailers for under $80 AUD. [ (Officeworks, 2010) ]. If that fails, then you always have internet café’s that you can go to and browse the internet and continue downloading. As with every new legislation that has been introduced, someone will always find a new way to get around it. These alternatives are limited only by someone’s imagination.
The Third issue that will be faced is the issue of work. If an individual has been accused of partaking in copyright infringement, and their internet access is cut off, what happens with them in relation to their work? There may be allowances for people that go to an actual workplace for their job, and there may be allowances to what they can and can’t do. But what about the people that work from home? If their internet is taken away, and especially for up to a year, their business will more than likely fail and inevitably go out of business. This would then impact on the government that has decided to impose this law. How? Because someone has lost work, they may have to pay for financial help in the form of dole payments until they can find another job. If the business is shut down it may have an impact on the economy.
If governments are seriously considering bringing in the ‘three strike’ policy, they first need to decide how they are going to be able to deal with at least some of the problems mentioned above. If they are unable to solve these problems, then the ‘three strike’ policy would be a waste of time and would more than likely be revoked shortly after it has been put in place.
Anderson, N. (2009, September 15).
France passes harsh anti-P2P three-strikes law. Retrieved March 22, 2010, from Arstechnica: //arstechnica.com/tech-policy/news/2009/09/france-passes-harsh-anti-p2p-three-strikes-law-again.ars
... American Civil Liberties Union. 4 March 2001? Anonymous Communications on the Internet. ? AAAS Anonymous Communications on the Internet Project. 1997-1999 American Association ... or ads based on the cookies data that has been retrieved. A potentially valuable source for profits for online services is ... GUIDs are a kind of serial number that can be connected with a person? s name and e-mail address when ...
Ernesto. (2006, October 9).
The cost of movie piracy to the U.S. Retrieved March 22, 2010, from Toorrent Freak: //torrentfreak.com/the-cost-of-movie-piracy-to-the-us
Officeworks. (2010, March).
Vodafone Pre-Paid Wireless Broadband Stick. Retrieved March 22, 2010, from officeworks.com.au: //www.officeworks.com.au/retail/products/Technology/Computer-Accessories/Modems/USB-Modems/BRVODPMBB
Ondrejka, C. (n.d.).
‘Big Brother’ versus ‘Little Brother’. Retrieved March 22, 2010, from The.FindArticles.com: //findarticles.com/p/articles/mi_go2133/is_201003/ai_n52370697/