On 2014-06-07 13:48, Serge Droz wrote:
Ho Jeroen
On 07/06/14 11:40, Jeroen Massar wrote:
It depends on how you read that sentence indeed, I would expect still a real law enforcement to be involved for determining that some rights have been "violated";
Not if you listent to the presentation: Free culture oder Verlust der Kultur? at the Providerday 2013 (http://www.simsa.ch/2013/04/25/trusted-hosting-einladung-zum-provider-day-20...)
Quote: "We want to keep it simple: It's easiest if the ISPs give us the name and address of a downloader, and we can then settle the issue out of court".
I don't see that quote there, and I don't seem to find the slides either (but maybe I am missing out on a link somewhere :)
An ISP IMHO is not allowed to give out that information to a third party unless that 3rd party is of the official Swiss government law enforcement type. (read: requests from foreign law enforcement should IMHO be redirected to the Swiss one, or simply replied that that they have to do that)
If an ISP does provide a person's private data (be that address, name, IP-addresses, content, etc) I would consider that a privacy invasion.
Any large company with enough money to sue ISPs could and will then just start asking for private details of every single person.
Bypassing the court "it is easier" is stating exactly that: we'll just pressure people into doing what we as corporations want.
That really should never happen.
The Code of Conduct is easy to find. http://www.simsa.ch/2013/03/01/simsa-code-of-conduct-hosting-regeln-fuer-den...
The 2014 edition also had a couple of interesting results on this: http://static.simsa.ch/1399537164/simsa_providerday_2014_praesentationen_.ra... and then in there there is: AufderMaur_auswertung-umfrage-20140422_Version 05.05.14
From what I see there this Code of Conduct is a good thing.
I'm not arguing pro or con Copyright, but I don't want to see the law in the hands of large (or small) corporations.
I can only fully agree with you. Other countries already have that and they are not doing well that way.
I am happy to know there are people on this list along with other names I see in the agenda involved in those discussions and protecting the proper interests of the Internet and the people.
Greets, Jeroen