SkyNet Law: Guilty Until Proven Innocent!

Apr 18, 2011 13:27

How does the new so called SkyNet Law make you guilty until proven innocent?
Here's how:

Section 122C: Says that a rights owner can provide your ISP with an infringement notice, specifying your IP address, as the source of an alleged copyright infringement.

They don't need to know who you are. And they do not need to provide any proof that you ( Read more... )

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Comments 11

exiledinpn April 18 2011, 05:22:23 UTC
FYI, that's not the version that was actually passed. You need to read it in conjunction with SOP 230, which weakened the language somewhat.

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geeknz April 18 2011, 05:34:41 UTC
You're correct, it has:
From "an infringement notice is conclusive evidence of the following:" to "in relation to an infringement notice, it is presumed"

Which still presumes Guilty, and puts the onus of proof on the defendant to prove innocence.

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anonymous April 22 2011, 02:13:02 UTC
(1) upon receiving an infringement notice, the ISP matches the details to the account ( ... )

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geeknz April 25 2011, 23:19:53 UTC
(1) The ISP only has to match the IP to an account, not check or get proof that they have infringed ( ... )

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anonymous April 26 2011, 04:07:00 UTC
122MA
...
(2) An account holder may submit evidence, or give reasons, that show that any 1 or more of the presumptions in subsection (1) do not apply with respect to any particular infringement identified in an infringement notice.
(3) If an account holder submits evidence or gives reasons as referred to in subsection (2), the rights owner must satisfy the Tribunal that the particular presumption or presumptions are correct.

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geeknz April 26 2011, 04:21:41 UTC
Yes, (2) as read, you must prove your innocence.

_If_ you do so, they must prove otherwise ... but the point is that this law assumes guilt and requires you to first prove your innocence, before thye must prove your guilt.

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fuctrack April 24 2011, 21:47:09 UTC
1, did you see the thing on anon?
2, i'm screwed by sheer fact they'll start cracking down on illegal imports LOL (i have bootleg versions of japanese music)

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