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  Fake Blame...

Germany set to alter copyright law that currently prevents the offering of public WiFi


Link Here 7th April 2017
governmet germany logoGermany has approved a draft law that will enable businesses to run open WiFi hotspots without being held liable for the copyright infringements of their customers. Copyright holders will still have the ability to request that certain sites are blocked to prevent repeat infringement.

In most jurisdictions it's standard practice for those who commit online copyright infringement to be held responsible for their own actions. However in Germany there is a legal concept known as Störerhaftung (interferer liability) where a third party who played no intentional part in someone else's infringements can be held responsible for them. This type of liability has raised its head in a number of file-sharing cases where WiFi owners have been considered liable for other people's piracy.

As a direct result of this precarious legal position, Germany has found itself trailing behind its European neighbors when it comes to providing public Internet hotspots. Some have described the situation as an embarrassment for one of the most advanced countries in the world.

Under pressure and in response to a European Court of Justice opinion on the matter last March, the government eventually decided to rescind liability for open WiFi operators. Since then the government has been working on changes to local law to bring it into line with EU standards. A third draft presented by Brigitte Zypries, Minister for Economics and Energy, has now been adopted by the cabinet.

Should the amendments receive parliamentary approval, businesses will be free to offer open WiFi to their customers, without fear of being held liable for their actions. They will also be able to offer truly open WiFi, with no requirement to verify the identities of users or have them log in with a password.

While copyright holders won't be pleased by the changes, they will still have opportunities to clamp down on infringement. If a certain WiFi location is connected with online piracy, a properly filed complaint will require the operator to bar access to websites connected with the infringement.

 

  Free kick...

The Premier League secures court order to block Kodi servers offering pirated content


Link Here 9th March 2017
Raynic X The Premier League has secured a court order to help tackle rights-infringing video streams of football matches via Kodi set-top boxes. The order gives the league the means to have computer servers used to power the streams blocked.

Until now, it could only go after individual video streams which were relatively easy to re-establish at different links.

There have been several arrests of people selling set-top boxes pre-installed with both Kodi software and additional third-party add-ons that make it possible to watch copyright-infringing film and TV streams.

According to a recent survey commissioned by the security firm Irdeto, Kodi boxes are particularly prevalent in the UK.

It reported that 11% of Brits that admitted to watching pirated streams in a survey said they did so via a Kodi box. Doing so is not thought to be illegal. Derbyshire County Council trading standards officers recently explained:

Accessing premium paid-for content without a subscription is considered by the industry as unlawful access, although streaming something online, rather than downloading a file, is likely to be exempt from copyright laws,

That might seem a surprising position for an enforcement department to take, but support for it comes from an authoritative quarter. The European Commission doesn't believe that consumers who watch pirate streams are infringing. From the user's perspective they equate streaming to watching, which is legitimate. The European Commission gave its view during the hearing of an important case currently before Europe's highest court involving the Dutch anti-piracy group BREIN, which wrote in its summary of the hearing:

The case concerns the sale of a mediaplayer on which the trader has loaded add-ons that link to evidently illegal websites that link to content. For a user such a player is plug & play . This king of pre-programmed player usually are offered with slogans like never pay again for the newest films and series and completely legal, downloading from illegal sources is prohibited but streaming is allowed . In summary the pre-judicial questions concern whether the seller of such a mediaplayer infringes copyright and whether streaming from an illegal source is legitimate use.

It has also been reported that the UK government is considering new laws against streaming pirated content, but discussions are at an early stage

 

  Monopolists vs the European people...

Hollywood film studios to fight against proposed EU licensing laws allowing people to access services like iPlayer in any EU country


Link Here 16th February 2017
MPAA logoThe Motion Picture Association of America will stand cheek by jowl with those European film and TV industries fighting to preserve territorial licensing monopolies in Europe.

In an interview with Variety, MPAA chairman Christopher Dodd said he would be playing a supportive role in the European industry's efforts to air its objections to a proposal for borderless access in Europe to movies and TV online. The chief concern appears to be the European Commission's wish to extend the so-called country of origin principle to cover digital services, meaning that E.U. broadcasters could carry their online programming in other countries if they have cleared the rights in their own home country.

Although rights-holders would be allowed to opt out of such arrangements and retain their rights in other E.U. countries, entertainment execs fear that most European producers won't have the bargaining power to insist on that in their negotiations with the big broadcasters they rely on to finance their work.

Opposition to the commission's proposal for pan-EU digital licensing of broadcaster programming is led by France and Germany. France's Ministry of Culture had openly expressed its opposition. The upper house of Germany's parliament has also expressed concern over whether the commission sufficiently takes into account rights-holders' interests.