[Infowarrior] - Three strikes, copyright and copytight?

[Richard Forno]

Three strikes, copyright and copytight?

Posted by: johnnyryan on: 24 April 2010

Together with a colleague at the IIEA, Caitriona Heinl, I have been examining the current state of three strikes measures against music piracy (see earlier related blog entry). This comes as part of an IIEA study.

This document presents an overview of “three strikes” measures, what they seek to achieve, the mechanisms by which they operate, and the difficulties currently experienced within the EU and beyond in their introduction. The purpose of this document is to establish whether a three strikes mechanism is applicable to illegal violent radical content online, and whether it is transferrable across the EU.

Note: FOOTNOTES AND SOURCES PROVIDED IN PDF VERSION

Though three strikes measures are in prospect in a number of EU Member States, no functioning system has yet been implemented as a matter of government policy. Ireland, where the dominant ISP has recently agreed to implement a three strikes system, offers an insight into the technical measures proposed for this system. Since the three strikes approach is at so early a stage this study also includes a number of related initiatives in countries beyond the EU to provide sufficient information.

Note: Three strikes measures, also referred to as “graduated response”, are not explicitly mentioned in the Terms of Reference for the NLM Study. However they represent a developing mechanism by which authorities in many Member States and Third Countries are presently seeking to prevent the dissemination of illegal, in this case copyright infringing content. As an experimental and highly visible instance of measures, in some cases non-legislative measures, the three strikes system is within the study team’s remit.

This document is a necessary product of the NLM study for the simple reason that, to our knowledge, no other overview of three strikes initiatives is presently available.

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