Comments on: The fallout from iiNet: markets and laws failing in face of net piracy http://www.barrysookman.com/2010/02/08/the-fallout-from-iinet-markets-and-laws-failing-in-face-of-net-piracy/ Copyright, Intellectual Property, Computer, Internet, e-Commerce Law. Mon, 06 Feb 2012 03:49:13 +0000 http://wordpress.org/?v=2.9.1 hourly 1 By: Barry Sookman http://www.barrysookman.com/2010/02/08/the-fallout-from-iinet-markets-and-laws-failing-in-face-of-net-piracy/comment-page-1/#comment-420 Barry Sookman Tue, 09 Feb 2010 02:51:27 +0000 http://www.barrysookman.com/?p=687#comment-420 Thanks for your comment. I believe that it requires both social change in norms and laws that help change the norms. You will never stop 100% of piracy just as you can't eliminate crime. But, you can create disincentive to infringe through appropriate laws and give convenient choices to consumers to lawfully acquire what they want to consume. Thanks for your comment. I believe that it requires both social change in norms and laws that help change the norms. You will never stop 100% of piracy just as you can’t eliminate crime. But, you can create disincentive to infringe through appropriate laws and give convenient choices to consumers to lawfully acquire what they want to consume.

]]> By: Barry Sookman http://www.barrysookman.com/2010/02/08/the-fallout-from-iinet-markets-and-laws-failing-in-face-of-net-piracy/comment-page-1/#comment-419 Barry Sookman Tue, 09 Feb 2010 02:47:23 +0000 http://www.barrysookman.com/?p=687#comment-419 My comment about repeat infringers came from the case not the article. My comment about repeat infringers came from the case not the article.

]]> By: Mark Thomas http://www.barrysookman.com/2010/02/08/the-fallout-from-iinet-markets-and-laws-failing-in-face-of-net-piracy/comment-page-1/#comment-409 Mark Thomas Mon, 08 Feb 2010 19:50:47 +0000 http://www.barrysookman.com/?p=687#comment-409 Mr Sookman: I enjoy reading your blog, and Computer & Internet Law Updates. Thanks. However, for someone in the legal profession, you are surprisingly careless with words. You write, "...those of its subscribers who are repeat copyright infringers." Nowhere in this story from Australia has anyone been found guilty of copyright infringement! What happened to 'innocent until proven guilty'? While I don't doubt that copyright infringement is taking place on a large scale, giving media industries (and anyone else who cares to abuse it) the power to cut off a subscriber's access based on alleged infringment is hardly an acceptable policy. We need less bias in this discussion, and more balance. Mark Mr Sookman:
I enjoy reading your blog, and Computer & Internet Law Updates. Thanks.

However, for someone in the legal profession, you are surprisingly careless with words.

You write, “…those of its subscribers who are repeat copyright infringers.”

Nowhere in this story from Australia has anyone been found guilty of copyright infringement! What happened to ‘innocent until proven guilty’?

While I don’t doubt that copyright infringement is taking place on a large scale, giving media industries (and anyone else who cares to abuse it) the power to cut off a subscriber’s access based on alleged infringment is hardly an acceptable policy.

We need less bias in this discussion, and more balance.

Mark

]]> By: Darryl Moore http://www.barrysookman.com/2010/02/08/the-fallout-from-iinet-markets-and-laws-failing-in-face-of-net-piracy/comment-page-1/#comment-407 Darryl Moore Mon, 08 Feb 2010 15:44:18 +0000 http://www.barrysookman.com/?p=687#comment-407 "Copyright holders can and have sued individual users, but illegal file sharing is so pervasive that they could go broke trying to plug all the holes." This to my mind indicates a failing in the law. Not so much that the law needs to change to make it easier to enforce, but like US prohibition in the '20s or marijuana laws today, the law makes crimes of things that many people simply do not believe should be a crime in the first place. There are two ways to go in these circumstances. (1) make tougher laws with disproportionate consequences, and high costs of enforcement, to literally terrorize the population into conforming. (2) change our social institutions to find ways to live without these laws. After trying the first option for many years the Americans did eventually concede defeat with prohibition and opt for the second. They are still pressing ahead with the first option in regards to drug laws, and are trying to put copyright into the same realm as their war on drugs. I am hopeful however, that saner minds will eventually prevail. “Copyright holders can and have sued individual users, but illegal file sharing is so pervasive that they could go broke trying to plug all the holes.”

This to my mind indicates a failing in the law. Not so much that the law needs to change to make it easier to enforce, but like US prohibition in the ’20s or marijuana laws today, the law makes crimes of things that many people simply do not believe should be a crime in the first place.

There are two ways to go in these circumstances. (1) make tougher laws with disproportionate consequences, and high costs of enforcement, to literally terrorize the population into conforming. (2) change our social institutions to find ways to live without these laws.

After trying the first option for many years the Americans did eventually concede defeat with prohibition and opt for the second. They are still pressing ahead with the first option in regards to drug laws, and are trying to put copyright into the same realm as their war on drugs.

I am hopeful however, that saner minds will eventually prevail.

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