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this post was submitted on 01 Aug 2023
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How the FUCK is piracy supposed to be the ISP's problem? That's like going after a florist because someone bought their flowers and then illegally planted them around the neighborhood.
The DMCA safe harbors have a requirement that in order for an online service provider (eg the ISP) to be protected from liability for copyright infringement that the ISPs have a repeat infringer policy to (eventually) stop the copyright infringement of their users by discontinuing service to them. Without the DMCA safe harbors the ISP would potentially be on the hook for copyright infringement. With high statutory damages for infringement, that's a lot of potential money for the group suing the ISP, hence why they would want evidence showing the ISP didn't have a repeat infringer policy or did have one but failed to enforce it. Testimony from a pirate saying how great the ISP was because they didn't ban them even after multiple notices would help establish that.
That's interesting. Quite a goofy law, but interesting nonetheless.
It's actually more like walking into a gun shop, telling the owner you plan on committing murder with the gun they sell you, and he continues to sell it to you.
The key difference being that the provider knew that your intention was illegal, and they continued to allow it to happen.
The ethics of this are debatable of course, but in general, it seems that facilitating a crime is generally seen by most governments as 'aiding and abbetting' and is considered a crime itself.
We need net neutrality. ISPs should have no say in what kinds of data passes through their system
You don't tell your ISP that you want to do something illegal. Your computer tells your ISP's computers to connect it to an IP address. If the ISP checks on your activity, they might see that you're torrenting things. Should the postal service also crack open all of your packages to see what's inside, lest they be held accountable for what you're shipping or receiving?
Torrenting is not inherently illegal. You can torrent something that isn't copyrighted if you really want to. The ISP does not know for sure whether or not you're doing something illegal unless you're using unencrypted communication like a dumbass.
If you own a bar that the mafia sometimes uses as a meeting place without your explicit knowledge, did you facilitate their crimes? If so, how? If not, why should ISPs be treated any differently?
Holding ISPs accountable for piracy opens them up to being held accountable for other crimes committed by their users. In the famous Dominion v. Fox case in the US, should the ISPs that served Fox's website or the cable companies that enabled their show to be sent to viewers be held accountable for Fox's defamatory statements?