On 2014-06-07 11:01, Serge Droz wrote:
Hi Jeroen
this was in the NZZ too. I find the first part of you quotes much worse than the second one.
Dauert der schwerwiegende Rechtsverstoss an, soll der Provider dem Rechtsinhaber die Identität bekannt geben, damit dieser seine zivilrechtlichen Ansprüche geltend machen kann.
In essence it means, that the intellectual property people now have easier access to private data than say law enforcement, circumventing every legal principle I know. Whatever is decided on the legality of certain actions, its courts that should diced if the law was broken, not some legal department of a large company.
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"; which would not happen unless you are uploading (hence bittorrent can be considered wrong per default in that context, unless you share your Linux ISOs from your home dsl link ;)
IMHO it would be in the interest of providers to be involved in this process, as their helpdesk + legal costs will go up through the roof if various large-multi-billion-dollar "media" companies start knocking on their doors directly when some random user has done something wrong in their eyes.
As for the blocking part (the second portion), that would be rather bad too if that would become possible, especially if a third party will be able to demand those blockages.
Greets, Jeroen