rwenzori
Honorary Master
Fantastic stuff! Thanks for the update.
Never forget the classic page at:
http://thepiratebay.org/legal.php
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Fantastic stuff! Thanks for the update.
Never forget the classic page at:
http://thepiratebay.org/legal.php
LazyLion
King of de Jungle
Summary of RISA's letter: (for those who don't want to read all of it)
1) Yes, OK, so we screwed up, but we are gonna fix it and try again.
2) We are REALLY important people so you better be scared!
3) Everybody in South Africa loves our music and buys it all the time, that is why we are so rich and love doing business the old fashioned way (actually we just have not figured out how to get onto the internet yet... but we have some guys working on it, we'll get back to you on that in ten years or so).
4) Mr. Buys doesn't really know anything... he just thinks he is a hot shot lawyer.
RISA = FAIL
crbuys
Legal Expert: Internet
CHANGE WE CAN BELIEVE IN
Ants – your participation in this debate and your willingness to review take down templates are encouraging.
I think we all agree that the take down procedure is problematic… the procedure s unfair, probably unconstitutional, open to abuse and not in line with international practice.
What we do not agree on is who is at fault, who should fix it and who may fix it. Is the problem one for Parliament, the Minister of Communications, ISPA, ISPs or end-users? Or RiSA… ;-)
ISPAs right to govern the activities of ISPs, enact subordinate and voluntary legislation like the Code and the TD procedure resulted from Government’s decision to allow the industry to regulate itself… the GG of 14 Dec. 2006 explains it like this:
"The legislative approach in Chapter XI, as is the case elsewhere in the world, is to place the emphasis for control on self-regulation by the industry rather than directly applicable legislation or government regulation and intervention".
Where self regulation fails (like in the legal profession), governments step in to take over. As such, there is a huge incentive for ISPA to get the take down thing right.
Now.
And they can. ISPA is not only in the ideal position but also legally authorized to review the Code and the Take Down Procedure.
In my personal opinion (and not in my capacity as legal representative of the ‘torrent sites’) only TWO main changes are required:
1. The whole take down process should be transparent. Justice should be seen to be done (or not). This implies that ISPA should publish all take down requests received as well as a ruling on whether the TD complies with the requirement of s. 77. Much in the same way as courts publish their judgments and domain name decisions are published online for all to read. The benefits of such a system are self evident. ISPA can never be accused of siding with X or Y if a whole history of decisions establishes a certain precedent. Those who want to abuse the TD procedure would also think twice if they know their actions would be subject to public scrutiny.
2. Give the end-user / website owner a right to respond to a take down notice and make representations regarding the allegations contained in the Notice. Doing so will not only comply with an important common law rule (both sides to a dispute must be heard), but also place an ISP in a better position to make an informed decision regarding the content and its potential liability.
The implementation of these two suggestions will have immediate benefits for ISPA, its members (ISP), end-users and the public. This is how self regulation is supposed to work.
God forbid the DOC takes over the take down process… ;-)
Reinhardt Buys
BUYS INC. ATTORNEYS
Ants – your participation in this debate and your willingness to review take down templates are encouraging.
I think we all agree that the take down procedure is problematic… the procedure s unfair, probably unconstitutional, open to abuse and not in line with international practice.
What we do not agree on is who is at fault, who should fix it and who may fix it. Is the problem one for Parliament, the Minister of Communications, ISPA, ISPs or end-users? Or RiSA… ;-)
ISPAs right to govern the activities of ISPs, enact subordinate and voluntary legislation like the Code and the TD procedure resulted from Government’s decision to allow the industry to regulate itself… the GG of 14 Dec. 2006 explains it like this:
"The legislative approach in Chapter XI, as is the case elsewhere in the world, is to place the emphasis for control on self-regulation by the industry rather than directly applicable legislation or government regulation and intervention".
Where self regulation fails (like in the legal profession), governments step in to take over. As such, there is a huge incentive for ISPA to get the take down thing right.
Now.
And they can. ISPA is not only in the ideal position but also legally authorized to review the Code and the Take Down Procedure.
In my personal opinion (and not in my capacity as legal representative of the ‘torrent sites’) only TWO main changes are required:
1. The whole take down process should be transparent. Justice should be seen to be done (or not). This implies that ISPA should publish all take down requests received as well as a ruling on whether the TD complies with the requirement of s. 77. Much in the same way as courts publish their judgments and domain name decisions are published online for all to read. The benefits of such a system are self evident. ISPA can never be accused of siding with X or Y if a whole history of decisions establishes a certain precedent. Those who want to abuse the TD procedure would also think twice if they know their actions would be subject to public scrutiny.
2. Give the end-user / website owner a right to respond to a take down notice and make representations regarding the allegations contained in the Notice. Doing so will not only comply with an important common law rule (both sides to a dispute must be heard), but also place an ISP in a better position to make an informed decision regarding the content and its potential liability.
The implementation of these two suggestions will have immediate benefits for ISPA, its members (ISP), end-users and the public. This is how self regulation is supposed to work.
God forbid the DOC takes over the take down process… ;-)
Reinhardt Buys
BUYS INC. ATTORNEYS