Three strikes

by Chris Erb on February 11, 2009


You may be aware that the RIAA has recently dropped its strategy of suing every single twenty-something who has ever downloaded an MP3 file of some inexplicable Jessica Simpson hit. Instead, they are approaching ISPs in an effort to agree to a “three strikes rule” for alleged uploaders of illegal content. Although no US ISP has admitted to agreeing to the scheme, Irish provider Eircom apparently has.

Given that the DMCA already has provisions relating to the termination of repeat offenders, I’m not certain how this new strategy really brings anything new to the table unless the ISPs are agreeing to the difficult task of screening new customers to prevent terminated repeat offenders from signing up again, a technically challenging task at best. According to Vanderbilt’s entertainment law journal, at least one California court declined to impose such an obligation on ISPs.

image from Wikipedia Commons

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