[A2k] the 1709 Blog: Third Strike Struck Out

Heesob Nam hurips at gmail.com
Tue Jul 9 11:28:12 PDT 2013

This is a great news.

Then do we have only two countries where the 3-strikes-out rule is
working under the copyright system: South Korea and New Zealand?

South Korean government and copyright industries have defended the
Korean 3-strikes-out rule by arguing that the Korean rule is different
from the French one because the Korean rule does not prevent the
repeat infringers from accessing the Internet. It only suspends a
user's account to a specific online service provider.

Practically this is true but the copyright law gives the government a
power to suspend a user's account of an Internet access service
provider. I mean in theory the Korean one is not different from the
French one. Rather Korean one is worse than French one because there
is no prior judicial scrutiny. The administrative body (the Ministry
of Culture and the Copyright Commission) has the sole discretion to
render a 3-strikes-out decision.

When a bill to repeal the Korean 3-strikes-out rule was introduced in
this January, the copyright industries including the IFPI strongly
opposed it and lobbied the Korean National Assembly.

One positive change is that the S. Korean government implied that it
may give up the 3-strikes-out measures made by the Minister of Culture
and that the measures against an electronic bulletin board may be
revoked. This means that the SKG wants to maintain the 3-strikes-out
rule controlled only by the Copyright Commission, members of which are
appointed by the Minister of Culture.


On 9 July 2013 21:18, Manon Ress <manon.ress at keionline.org> wrote:
> Third Strike Struck Out
> http://the1709blog.blogspot.ca/2013/07/third-strike-struck-out.html
> quote:
> By decree dated July 8th (yesterday) and published in today's Official
> Journal, the French government has severely limited the three-strikes
> graduated response scheme put in place to combat P2P piracy.
> Article 2 of the decree repeals the provision of the Intellectual Property
> Code that allowed a court to suspend a person's internet access for up to
> one month where such person had been shown to be negligent in securing his
> internet access (so-called "négligence caractérisée").  It will be recalled
> that this was the legal concept introduced by the HADOPI laws in reference
> to the internet subscriber and his liability irrespective of the identity
> of the actual copyright infringer.
> It should however be pointed out that this decree does not appear to affect
> the court's power to order internet suspension (for up to one year) as a
> complementary penalty for those who are actually guilty of copyright
> infringement.
> --
> Manon Ress, Knowledge Ecology International, KEI
> manon.ress at keionline.org, tel.: +1 202 332 2670
> www.keionline.org
> KEI is a not for profit non governmental organization that searches for
> better outcomes, including new solutions, to the management of knowledge
> resources. KEI is focused on social justice, particularly for the most
> vulnerable populations, including low-income persons and marginalized
> groups.
> _______________________________________________
> A2k mailing list
> A2k at lists.keionline.org
> http://lists.keionline.org/mailman/listinfo/a2k_lists.keionline.org

More information about the A2k mailing list