[AusNOG] "ISPs agree to graduated warnings for pirates"

[Eliezer Croitoru]

Hey Damien,

I would like to point you into some other legal subject which might be 
related to the issue.

Assuming you have a car and you gave it to some friend which have told 
you that he is going to use the car to run over someone, and you gave 
him the car willingly and you made him sign on a contract that he will 
do with the car what he told you he would, who would be responsible for it?
Who would need to pay the damages, human deaths?

I know that some would put the whole blame on the killer and not the 
accessory but some would go and ask a shrink to validate the killer and 
the friend sanity to make sure they both are sane enough to meet trial.
And back to kids and kids friends, kids are something you are 
responsible to and in a way OWN!
Any sane human is responsible for his kids education by law and also is 
responsible for his kids deeds.
While some would like to say that kids cannot be punished I would say 
it's not the truth and they can be punished by any means of the law 
while considering that the parents or their guardian is responsible for 
most of their actions while there are some actions which might be not 
inside any human hands.

Some would argue about some internet related things and I have heard in 
the past some claims that the Internet is something that one cannot own 
and it's something which cannot be "mangled" or be "altered".
The fact is that for each internet end point which is represented by an 
IP there is some legal owner which is an adult which can provide answers 
in a case of a question about the connection.

The main question in hands is not if it's allowed or good to steal but 
in what cases it is permitted from couple aspects.
For example if some organization have windows licenses and the only 
current way to get the installation ISO is throw illegal channels then 
any judge in any place on the planet would allow it to happen in the 
case MS would vanish from earth.

I would try to divert the topic from one subject to another.
The main subject is illegal copies of materials such as movies and tv 
shows but it applies to any real or virtual asset.
If we would take a corporation delta which supplies screws and would 
steal his 10GB plan for a really important special design screw, how 
much legal investment would they apply to make sure that the plan would 
not be published?
Like a screw, a router and or any networking device is a tool which has 
a owner and a responsible entity.
And the real question about it would be: Who is responsible for the 
usage of the Hammer Of God(a really cool hammer which can break 
mountains)? The user or the creator?
We can blame the creator of this hammer since he provided the hammer to 
a non responsible client\user!
An adult is responsible for his kids actions and this world is indeed 
one big "Institute of Mental Health" and anybody in it should be 
considered a victim and needs helps from others here, sane more or less.

I think that the question in hands would not be who is responsible for 
this or that since everybody here is in the same insane world which 
stealing might become an epidemic in it.
As the world citizen I would first declare a war on stealing things as a 
bad habit of insane users on the internet.
I would suggest an approach which will include education related actions 
rather then a simple solution which will be considered an applicable 
real world solution.

What parent, entity CEO or Governor would not look at himself in the 
mirror and will not ask himself "What have I done that caused all these 
nice employes of mine to loose their minds?" And what would have 
prevented me to get into this position I am right now in? Would 
education prevent others to become what I see as bad?
And the answer would not be always prison because some of the subjects 
might be having some mental illness related issues which this insane 
world helped them to develop based on genes or inherited or implanted or 
any other means available to the humans in their world.

Eliezer

On 22/02/2015 04:37, Damien Gardner Jnr wrote:
> It did seem a little one-sided there.  It's all well and fine to say the
> process on the Rights Holder side must be certified, but there was no
> documented recourse if it should be found that the Rights Holder was
> telling furfies.  For example, AFAIAC, should the Rights Holder be found to
> be making false allegations, the ISP should have the right to blacklist
> them and never deal with them again.
>
> Seems like the Account Holder needs some recourse BEFORE the Final Notice,
> also.  For example, if the Account Holder is a household with 4 teenagers,
> AND lots of visiting friends, well, they have no way to tell who may have
> done it, so there needs to be a way to come back to the ISP and say 'Sorry,
> this was NOT me, nor was it someone I can identify, so please cancel this
> notice'.