Should ISPs monitor their customers - and exhort in the case of illegal downloads?Karen Millen
At a hearing in federal experts expressed strong criticism of the proposal. The providers do not want to play.
Pirates! Criminals! Free Culture! Copyright and businesses complain that digital content will be cheerfully exchanged in the network - because they can be copied almost without loss, and make it possible platforms to share music, movies and books with people all over the world.
The discussion of copyright offenders to be rampant, and the copyright warnings on the Net era arrived in the Bundestag. There, on Monday addressed the subcommittee with the new media marketing and the protection of creative content on the Internet. Above all, it came to opinions on a warning model that had worked out the law professor Rolf Schwartmann on behalf of the Ministry of Economic Affairs (PDF file).
The draft, also known as the "two-strikes model", is aimed at users of peer-to-peer file sharing: To determine owners of copyright infringement, they should cooperate with the Internet access providers, so the real names and addresses of their customers have. The provider sends the appropriate copyright sinners then "an explanatory warning" and holding the set in an internal list, so the idea. Repeat offenders will be warned a second time, in case of recurrence may follow legal consequences.
The suggestion was well meant but: "With these warnings,Karen Millen Dresses people are informed that infringe copyrights in ignorance of the law on the Internet," says the study. Anyone aware of copyright breach, after all, knew that he was going out on such a list.
Huge weapons for very small animals
The move has been criticized from several sides. Oliver from the Internet Industry Association Eco Süme said, such a model is an interference with the contractual relationship between customers and providers,Karen Millen Dress because it makes the provider to sheriff's deputies. You have to control their users' Internet traffic, which could not be their role. The industry association has had meanwhile drawn up by a law professor Thomas Hoeren a second opinion.
Dieter Frey, a lawyer specializing in copyright and media law was concerned when Schwartmann model has a disregard for the secrecy of telecommunications, a middle-ground law.
The journalist Dirk von Gehlen ("Sueddeutsche Zeitung") considers that such monitoring is not to be proportionate and asked if there would not be fired "with very big guns on small animals." Also, technically the warning model was attacked.Karen Millen Frank Rieger, spokesman for the Chaos Computer Club was to keep in mind that the determination of an IP address is unreliable. The margin of error of such an action lies in the eight to tenth percent.
"Only the stupid ones" will be punished
Study authors Schwartmann reacted visibly touched on the significant words: "I feel like a father of a child who is being bullied," he said, referring to the debate on the Internet and in the committee meeting. The word "deputy sheriff" would like to see it replaced by the word "messenger" because it was more the function, handed down for providers of such a scheme.
Moreover, it could not be associated with an intensification of the methods mentioned, but rather by mildness. Finally, a copyright infringer be warned several times, without being punished. He would first draw attention to his offense.
The SPD was presented on Monday a white paper in which the warning model is rejected. Even with the Greens and the Left's approach of "two-strikes" controversy, the FDP seems to disagree. Union leaders have advocated, however.
How copyright should be enforced? Florian pressures from the Federal Association of the music industry said they had "modern forms of law enforcement" and find the question of whether the critics are warning of the model at all was a matter that existing law should be enforced. He hit perhaps the heart of the debate. For Gehlen noted that such a model mainly the wrong people, namely, "only the stupid" punish - those who did not know how to escape such a successful technical control.