No Due Process If You Are Labeled A Movie Pirate By The Studios

Posted by on Feb 2, 2010 | 5 Comments

A 53 year old grandma had been accused by unnamed Hollywood studios as being a movie pirate. The studio accused the woman of having illegally downloaded 18 movies and filed a complain against the granny with Qwest Communications. The woman was notified that her ISP account was going to be canceled because of the pirate complaint, which the woman denied.

In a recent article it also stated that:

If ISPs are to become copyright cops, a role that companies such as Comcast, Verizon, Cox, and others appear to be warming up to at the request of the entertainment sector, then what this case suggests is that there’s a need for better safeguards to prevent people from being wrongly accused and cut off from the Web.

“This goes to show that there’s a problem with due process in these kinds of situations,” said Fred von Lohmann, senior staff attorney for the Electronic Frontier Foundation, which advocates for Internet users and technology companies. “If you’re going to kick somebody off the Internet, there’s a lot of procedures that need to be put in place to protect the innocent. It doesn’t look like those were in place here.”

When the smoke finally cleared the grandma was cleared since Qwest Communication found that her network had been compromised. But what is disturbing is the lack of due process that took place prior to the woman being cleared. She was guilty just because a movie studio said so.

I believe that the FCC needs to setup rules and guidelines to regulate the ISP’s who appear to have become just pawns for the movie companies.

Comments welcome.

Source.

  • http://monozygotic.wordpress.com/ Eric

    I think you nailed it right on the head. So perfectly that I don’t have anything to add. Well said.

  • Jirah

    I believe the problem is only going to get worse as the money becomes more scarce for Hollywood and media companies that refuse to adapt to new delivery concepts. I appreciated the link to the actual article, but at least in articles where you have direct quotations, could you please make a habit of placing the authors name with the link or the quote?

  • mhz

    You know I haven’t really contemplated how it would be if I had to prove in a court of law that my PC did something without my permission.

    If you have an infection/compromise, your PC could be used for virtually anything, and if the right person complains, you’ll end up having to pay experts to examine your PC and identify the malware so that you can try to clear yourself in court.

    It would be messy. I guess we better do our best to avoid infections, eh?

  • http://www.twitter.com/1LL0G1C4L 1LL0G1C4L

    yeaaa! the WEP trick works! The reason I keep my wireless on WEP rather than WPA.

  • Dave

    Yes, “due process” seems to be taking a back seat more and more these days. I’m in the UK and similar threats are looming large on the horizon, courtesy of Mr. (I refuse to use the term “Lord”) Mandelson’s Digital Economy bill, which was mysteriously and very speedily conjured up after Mandy had some sort of contact with an entertainment industry big-wig whilst on holiday, I believe. We can only surmise what sort of contact it was. Seems he is trying to give himself the power to run the internet all by himself without referring to parliament or the courts. Definitely a case of guilty until proven innocent coming up, I reckon.