Official Ares Free Download

Yesterday I posted an open letter to Featured Artists’ Coalition (FAC) members asking them to go back to square one on their disasterous (for them and us, both) Three Strikes decision.

Presumptuous?

I’m a music fan and the group is backing a scheme which could — and would, if Vivendi Universal, EMI, Warner Music and Sony Music get their way — criminalise me, and others like me, including my 13-year-old daughter.

In March, FAC members said they were strongly united against an entertainment industry inspired move to criminalise file-sharers.

Then six months later they did a complete volte-face in support of Lily Allen, who wasn’t even a member and who herself later admitted making mixtapes using songs from other artists and making them available as MP3 downloads, voting »»»

… overwhelmingly to support a three-strike sanction on those who persistently download illegal files, sanctions to consist of a warning letter, a stronger warning letter and a final sanction of the restriction of the infringer’s bandwidth to a level which would render file-sharing of media files impractical while leaving basic email and web access functional.

“Big music and movie interests, and other content producers, are conducting a global campaign to put their interests ahead of citizens rights to use the internet and to not be subject to unreasonable and arbitrary penalties that do nothing for public interest,” as Internet New Zealand’s Jordan Carter recently exlained it.

In a Reader’s Write to my open letter to the FAC, “It is important to recognise that 3-strikes is fundamentally unjust/unethical given that no evidence is required,” said Digital Productions‘ Crosbie Fitch, continuing »»»

The victim is simply given two warnings (tipped-off as to what’s about to happen without any way of preventing it) before they are disconnected.

Now there will be some that suggest that 3-strikes should only be used against people who received any money during their infringement, e.g. a DJ, podcaster, e-bayer of an iPod, etc.

But, the problem with 3-strikes is that no evidence is required.

It doesn’t matter that you can prove you erased your iPod before you sold it.

It doesn’t matter that you can prove you only included CC music on your mix CD.

It doesn’t matter that you can prove the donation you received was for the previous week’s podcast. NO EVIDENCE is needed to disconnect you.

Your evidence of innocence has to wait until after your ISP has disconnected you, after your PC has been confiscated, after your assets have been seized, after you have located a lawyer willing to take on your case, after you have paid your lawyer to demonstrate at a tribunal that you have grounds to plead for an appeal against your disconnection, and then at your appeal your evidence can be presented (if you still have it).

Maybe, you will then be reconnected … until the next time.

There is NO SANCTION for 3 strikes, even for suspected terrorists, let alone suspected file-sharers. Read The Crucible to get a vague clue as to why incrimination upon suspicion/accusation is such an abomination.

If you thought being sued for copyright infringement in court was an injustice, wait until you suffer disconnection at the whim of the MAFIAA.

The sad thing is, no-one will notice your anguish because you’ll be disconnected, and as they’ll say “Offline, no-one can hear you whine”.

Stay tuned.

Jon Newton – music fan

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