It's My Human Right's ( don't you know )

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tb
Posts: 126
Joined: 10 Jan 2007, 12:51pm

It's My Human Right's ( don't you know )

Postby tb » 21 Apr 2010, 8:54pm

recently the radio reported that people who were 'downloading' material that was above and beyond the current legal parameters, i.e music & video filesharing, could potentially, in a legal case have thier ISP connection severed :shock:

a spokesman for one of the major companies who provide broadband services ( name akin to a citrus fruit ) said that ' if anyone had thier broadband connection cut orf ' it could possibly be a breach of thier human right's '. What :?:

So let me get this right. If I break a current law of the land, and somebody tries to punish me for that crime and I don't like it I could claim a breach of my ' human right's ' :!:

as Clive Anderson once said to the Bee Gees - ' Les Tosseurs '

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EdinburghFixed
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Joined: 24 Jul 2008, 7:03pm

Re: It's My Human Right's ( don't you know )

Postby EdinburghFixed » 21 Apr 2010, 10:36pm

If there were to be a criminal standard of evidence and a trial (as you can opt for, say, even a speeding ticket) then that would be one thing.

The reason these steps are so massively controversial is that connections are to be cut essentially on heresay. Party A sends a note to the ISP who then cuts off the connection of party B. It's always been possible to prosecute people for breach of copyright so it's important to understand that the only purpose of this legislation is to lower the standard of proof and remove the right of appeal (after all, if it's difficult to prove someone has been sharing copyright material it's even harder to prove you haven't!)

There's also the big question of whether it's fair to, for example, cut off an entire block of student halls or an entire Starbucks (or whatever) because one person is breaking the law on a shared connection.

If it was even as simple as equating all file sharing to breaking the law it might be clearer cut, but an increasing number of organisations distribute legitimate content via peer-to-peer. You can, for example, get the open-source alternative to Microsoft Office (OpenOffice) via p2p downloading which saves the distributor a lot of bandwidth - given that it's now standard software in some government departments this must be a big benefit.

Not if you get your connection cut off though!

thirdcrank
Posts: 28687
Joined: 9 Jan 2007, 2:44pm

Re: It's My Human Right's ( don't you know )

Postby thirdcrank » 21 Apr 2010, 11:07pm

tb wrote:...
So let me get this right. If I break a current law of the land, and somebody tries to punish me for that crime and I don't like it I could claim a breach of my ' human right's ' ... '


I'm no expert on human rights law and even less on the issues that caused you to post, but I think the bit I have quoted is a fair summary of the law. The international law on human rights was very largely set up following the terrible abuses in World War II and the UK, as one of the leaders of Europe in the immediate post war period was the leader in establishing that body of law. It's all pretty basic stuff: the right to life; the right to freedom of expression etc. We were just very slow to adopt it here, as in nearly half a century behind the rest of Europe. The Human Rights Act 1998 was enacted to bring us into line and imposed a duty on our courts to follow the Human Rights Convention. We still have regular national humiliations when the European Court of Human Rights judges we have got it wrong.