P2P users in 4000. That's the advice of a lawyer to Interview ' Lawyer Francesco Mangiaracina [manfranz@gmail.com], already known to PC-facile.com, a lawyer specializing in technology law and on issues of P2P manager Teutas - Law and Technology Journal.
The news of the 4000 recommendations submitted by the firm Mahlknecht & Rottensteiner on behalf of the German record of Peppermint raises critical questions and wonders. pc-facile.com tries to shed more light on the issue, asking some questions to a young lawyer in the field.
1. Hello lawyer, read the news on the recommendations submitted on behalf of Peppermint oil to nearly 4000 users with P2P calling for the removal of downloaded files and the payment of a sum?
Yes, affected by many years of file sharing, not only legal, it is news that I was not surprised but also because it struck me, as I understand it, is the first incident of its kind in Italy.
2. What do you think?
As I said, I think this is an action that was "in the air." The news of recent months would indicate that the record companies were moving. Personally, I was sure it would happen, even in Italy.
3. But tell us more, the substance of the matter.
course, not having seen the documents directly, you should not make judgments on the merits too extensive.
Based on news reports, and as a citizen and Internet user, I can say that I understand that record companies are trying to protect their interests, but probably not this is the right way. The Napster case docet. Closed that, precisely by means of an action game, it memory, a German label (I think BMG), arose P2P platforms such as Kazaa, E-Mule, etc. ... Without considering the possible return of a negative image by the Peppermint and, strangest thing, disregarding the movement that the music is trying to work towards online dissemination of their contents. Internet is a particular way, a fascinating but has yet to be understood by many operators.
In essence it seems to me a rather 'short-sighted, but this is the opinion of the citizen, and not legal.
4. Ok, but can you tell us what? As mentioned
not in possession of documentation. As read, it seems to me that there are some unclear points.
First, the tracking system of IP numbers and then identify the people whose job it is to attribute the violation. This is a difficult subject, which can not be discussed here. To simplify, I believe that the results of Logistep should be further verified, as is the case with regard to violations with cameras, just to understand each other. Can not be taken as "gospel" as stated on one side only. Not to mention the big question: "The IP address identifies with a certain degree of probability, a given PC. But do I know who was behind the PC?". This demand, especially in criminal law, is essential. As noted, the responsibility is personal.
In secondo luogo, e riallacciandomi all'ultima affermazione, diffido sempre quando una delle parti si propone come parte offesa, giudice, liquidatore del danno ed esecutore della sentenza.
In sostanza, con quella raccomandata, la Peppermint ha individuato i presunti colpevoli, ha stabilito la pena, ed ha chiesto la sua esecuzione entro un termine, del resto non proprio largo. Tutto ciò mi lascia un po’ perplesso. Si tratta di cose che forse dovrebbero essere valutate da una persona terza ed imparziale, con tutte le garanzie per gli utenti.
Tanto è vero che, a quanto mi risulta, raccomandate del tipo di quelle in commento, inviate in altre occasioni ed in altri Paesi, non sempre richiedono il payment of a sum, but merely a warning and request to remove the files may be stored on your PC.
Finally, there is talk of an alleged violation of the law on copyright but also the privacy and use of P2P programs. This is a "vast sea" that would be addressed here, but this does not mean it will not detect. Indeed, they are central issues.
I will just say that programs like E-mule is not evil in itself. As I always say with a parallelism, a gun can be used lawfully (for defense) or illegally (to offend). It is not the gun itself, the problem is the use made of it. The case Bit-Torrent is a good example.
5. The focal point of the story, in our opinion, is the abuse carried out by the label Peppermint Jam to the detriment of users: using the services of the Swiss Logistep traced the files targeted traffic from P2P networks and then imposed on Telecom to supply the names and addresses IP addresses of users connected to the alleged infringement of copyright.
invasion of privacy, real certainty about the responsibility ... are not valid reasons in defense of the 3636 people involved?
As mentioned, the question can be answered with a joke, is extremely complex. Telecom is probably not to blame. Had to provide data based on the rules, and a request from the court of Rome, as I read. Of course, should be verified.
This leaves me in no doubt are the collateral effects that give the IP tracking systems. If the test is, in legal proceedings must be assessed in contradictory with the parties.
6. The data protection commissioner has not yet ruled. Rumors in the network's late intervention ...
The Guarantor is asked by a lot of requests, and in fact the answer may be late.
Substance believe that in fact the IP number is a personal data protected by law 196/2003, so much so that they managed to get the names Based on these numbers. Indeed, perhaps more accurately, the IP is given a personal identification number ".
I think the rights of users / citizens should always be safeguarded, especially if the IP numbers are taken from a private company on behalf of an interested party.
Certainly if it were a breach of the privacy code, users would be entitled to compensation, and the situation could reverse. The Code provides for various forms of protection mentioned concerned (legal and otherwise).
7. 14 days. This is the time allowed users "implicated" in deciding to pay or not. It is found that the average age of users is uso di programmi di File Sharing non supera i 20-22 anni. Non ha dell'intimidatorio dare un limite di tempo così risicato a giovani che anche volendo non avrebbero la possibilità di pagarsi una causa legale e che comunque, anche nel caso accettassero di pagare, hanno difficoltà a reperire la somma di 330,00€? Fermo restando che l'effettiva responsabile dell'utente non è accertabile...
Paventare la possibilità condizionata di adire le vie legali per la tutela dei propri interessi non può essere di per sé considerata un ricatto, sotto il profilo penale. Ritengo però che effettivamente gli utenti si sentano intimiditi. È un aspetto molto delicato questo, su cui occorre porre molta attenzione. Personalmente, I would very much like the company to send me a letter X, assessing the damage, that I may have committed, and then I say "pay or sue you." Surely this is not the recommended standard, but perhaps the sense is this.
Regarding the "14 days" actually seem few.
8. Users involved, which leaves them alone to cope with the situation, despite the high support of most of the community. As a lawyer who would advise them to do?
I could give a definite answer, just having the knowledge of the exact documentation.
From what I read, I believe that if people decide to reject the accusations of Peppermint, should unirsi tra loro facendo un fronte comune, o quanto meno più fronti.
Personalmente ritengo che la strada migliore sia tentare preventivamente di raggiungere un accordo con l’aiuto di uno più professionisti che rappresentino i vari fronti (del resto le azioni di gruppo riducono di molto le spese di assistenza). Andare in giudizio, secondo la mia visione personale, dovrebbe essere sempre l’ultima opzione. Mancato l’accordo, a quel punto potrebbero decidere di tentare la via giudiziale.
Per quanto concerne i professionisti, le associazioni dei consumatori hanno tutta la mia stima. Certo è che si tratta di una materia specifica. Orientarsi tra concetti come "P2P", numeri IP, file sharing, ecc. non è always easy for a traditional lawyer. So he is still the possibility to consult a lawyer in the field. After all my choice to specialize in this area was developed to meet these needs, as well as a passion for computers I grow for many years. But I'm not here to advertise myself, that's another story. Thank
Dioddo ke ...... do you think?
tomascur2 to thank you paste in the comments
