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Wednesday, July 4, 2012

Six Strikes Law

Within its fight with digital piracy, the content industry has learned much about their enemy, and therefore decided to adopt a different approach to deal with copyright violation.

The CCI (Center for Copyright Information) is the result of the cooperation between the MPAA, the RIAA and 5 of the most established ISPs in the United States – AT&T, Verizon, Cablevision, Comcast and Time Warner Cable. The goal of CCI is to build a system able to handle digital copyright violation. The suggested system will work according to the common scheme: once the rights owner pin-points a pirate, they will send the pirate’s broadband provider a notice saying that the IP address is involved into illegal activity. The ISP will then send the pirate an e-mail, warning him or her about the alleged copyright violation and directing towards legal alternatives of procuring films or music.

The CCI says it’s a kind of a new model of collaboration with the film and music companies to identify allegedly infringed files and send those notices on the broadband providers. If the suggested system, dubbed “six-strikes”, works right, it won’t be seen as punitive but as helpful.

When the user receives 2 strikes, they will get a warning e-mail. After the next two strikes, the user will have to confirm the receipt of the notice. Finally, the mitigation measures will kick start only after the 5th strike, which means that the broadband provider is able to tamper with the download and upload speeds for a few days, while also forcing the infringer to watch educational videos or make them call their office to explain what happens.

In case you received copyright violation notices while realizing that you never downloaded anything copyrighted, you will have to pay $35 to an independent board which will take interest into your claims, but this fee will be refunded if you win.

Instead of simply rapping people on the hands, the content industry wants to try and give them information they need to get to content in legal, accessible, and cost-effective way.

According to official statistics, inline piracy is on the fall in the United States, decreasing from 16% in 2007 to 9% in 2010. Nevertheless, it’s still unclear whether this is due to industry’s efforts or thanks to the legitimate alternatives like iTunes, Rhapsody or Spotify.

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