Six 6 Strikes is Phoney it is only a MEMORANDUM OF UNDERSTANDING not a law.
Administering “six strikes” is a new entity called the Center for Copyright Information (CCI), which was established by the entertainment industry and the ISP industry. (Internet users were not part of the negotiations.) In other words, Internet users can be punished because of accusations by the copyright industry, but no one is necessarily verifying the claims.
First, this plan is not a law at all. It is a voluntary agreement between copyright holders and ISPs. Second, this plan does not mandate that ISPs completely cut subscribers’ Internet access. The burden of proof on the Internet subscriber, who must prove that he did not illegally download copyrighted content.
It is a 4 year private agreement among the following:
- The Recording Industry Association of America, Inc.
- The Motion Picture Association of America, Inc.
- EMI Music North America
- Sony Music Entertainment
- Warner Music Group
- UMG Recordings, Inc.
- Warner Bros. Entertainment Inc.
- Universal City Studios LLC
- Twentieth Century Fox Film Corporation Fox Entertainment Group, Inc.,
- Sony Pictures Entertainment Inc.
- Walt Disney Studios Motion Pictures Disney Enterprises, Inc.,
- NBC Universal Media LLC,
- Turner Entertainment Networks, Inc.
- Viacom, Inc.
AND These Participating ISPs
- SBC Internet Services, Inc.
- BellSouthTelecommunications, Inc.
- Southwestern Bell Telephone Company
- Pacific BellTelephone Company
- Illinois Bell Telephone Company
- Indiana Bell TelephoneCompany
- Michigan Bell Telephone Company
- Nevada Bell TelephoneCompany
- The Ohio Bell Telephone Company
- Wisconsin Bell, Inc.
- The Southern NewEngland Telephone Company
- BellSouth Telecommunications, Inc. (the AT&T Inc.companies
- Verizon Online LLC, VerizonOnline LLC –Maryland, and Verizon Online Pennsylvania Partnership (the Verizoncompanies)
- Comcast Cable Communications Management, LLC;
- CSC Holdings,LLC (solely with respect to its cable systems operating in New York, New Jersey, and Connecticut)(the Cablevision systems)
- Time Warner Cable Inc.
FAIR USE – KNOW YOUR RIGHTS
P2P networks and applications ARE LEGAL lawful online legitimate sources of content
Center for Copyright Infringement = CCI
Jill Lesser, CCI as executive director.who previously served as a First Amendment advocate for People for the American Way (PFAW), most recently served as a senior vice president for domestic public policy for AOL Time Warner. She now leads the CCI as executive director.
The executive board of the CCI includes: chairman Thomas Dailey, vice president and deputy general council at Verizon; executive vice president and general counsel Steven M. Marks, currently the executive vice president and general counsel at the RIAA; and members Marianne Grant, senior vice president for the MPAA; Alan Lewine, senior counsel for Comcast; Daniel Mandil, associate general counsel for Verizon; and Brent Olson, vice president of public policy for AT&T.
The advisory board is made up of Gigi Sohn, president and chief executive of Public Knowledge; Jerry Berman, chairman of the Congressional Internet Caucus Advisory Committee; Marsali Hancock, president of iKeepSafe.org; and Jules Polenetsky, director of the Future of Privacy Forum.
CCI says. “The ISP will determine which of its subscriber accounts was allocated the specified IP address at the applicable date and time and then send an alert to the subscriber whose account has been identified. The alert will notify the subscriber that his/her account may have been misused for potentially illegal file sharing, explain and why the action is illegal and a violation of the ISP’s policies and provide advice about how to avoid receiving further alerts as well as how to locate film, television and music content legally.”
CCI also begins doing business as a number of judicial rulings have blocked copyright holders’ attempts to compel ISPs to divulge the IP addresses of customers without a formal lawsuit. The CCI’s partnership between the content creators and ISPs would sidestep that process.
ACCORDING TO THE CCI Executive Committee THEY GET TO DEFINE YOUR RIGHTS ACCORDING TO SOMEONE THEY PICK.
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2.4. Fair Use
A Subscriber shall prevail on this defense if the Subscriber adequately and credibly demonstrates fair use of the copyrighted work under prevailing principles of copyright law (which shall be identified as described in section 6).
Page 35 Section 6. Legal Principles to Be Applied in Independent Review.
The Independent Review process will, to the extent relevant, apply prevailing legal principles as determined by United States federal courts. The Administering Organization will commission an accepted, independent expert on copyright law, who is approved by the CCI Executive Committee, to outline prevailing legal principles of fair use for purposes of deciding defenses of fair use, and any other legal principles necessary for resolution of issues within the scope of this Independent Review process. Such outline will be updated from time to time as necessary. If additional material questions of law arise as the Independent Review process is implemented, they may be referred to an accepted, independent expert approved by the CCI Executive Committee as needed. The Administering Organization will advise the Parties to the Agreement of issues referred to, and principles determined by, such an expert, and provide a process for the Parties to the Agreement to provide input concerning the issues, so as to ensure that the expert’s determinations are fully-informed and reflect prevailing law as determined by United States federal courts.
If additional material questions of law arise as the Independent Review process is implemented, they may be referred to an accepted, independent expert approved by the CCI Executive Committee as needed. The Administering Organization will advise the Parties to the Agreement of issues referred to, and principles determined by, such an expert, and provide a process for the Partiesto the Agreement to provide input concerning the issues, so as to ensure that the expert’s determinations are fully-informed and reflect prevailing law as determined by United States federal courts.
Guide to United States Copyright Law as Applied to Multimedia Productions