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Clients in the News


Gardere Technology Attorney Peter S. Vogel quoted in E-Commerce Times article
6-Strike Copyright Warning System: Can You Hear Us Now?
September 13, 2012 11:52 pm

E-Commerce Times:

A new chapter is beginning in the antipiracy wars: A so-called six-strike warning scheme will be put into action by the end of this year, Jill Lesser of the Center for Copyright Information told Ars Technica.

The CCI was born as a result of widespread revulsion over the ham-handed tactics deployed in the 2000s by the Recording Industry Association of America and, to a lesser extent, the Motion Picture Association of America. The trade groups would scour the Internet for signs of illegal content trading and then sue, or threaten to sue, file-sharers -- for hundreds of thousands of dollars, in some cases. Almost always, alleged perpetrators agreed to settle, unwilling to duke it out against such formidable legal firepower.


Dismal Failure

The earlier tactics tried by the RIAA and MPAA were dismal failures, Peter S. Vogel, partner with Gardere Wynne Sewell, told the E-Commerce Times.

"The RIAA filed over 35,000 lawsuits and only two went to trial. Even though those trials were high visibility and the defendants were ordered to pay very high fines, they didn't appear to dissuade people from downloading music," he noted.

Gardere Technology Attorney Peter S. Vogel in E-Commerce Times article

This new strategy could work though, Vogel continued. "You have all the major players represented by the association, including the ISPs. You give fair warning to users and give them the opportunity to do something about their activities."

Good Idea?

Whether this is a good approach, however, is another question, Vogel said. There could be the possibility that the wrong person is identified -- indeed, the RIAA was known to have filed suit against at least one deceased person for illegally downloading content.


"All terms of service say that is prohibited," Vogel said.

In that respect, this approach is a better deal for consumers, he added. Whereas before their service could just be turned off, with this system, they have six attempts to get it right.

CCI is making some accommodations with respect to this issue.

For example, "content owner representatives" will develop written methodologies for identifying instances of P2P online infringement, according to a memorandum of understanding put out earlier by the organization.

Also, CCI will retain an "impartial technical expert" to carry out an ongoing review of methodologies "with the goal of ensuring and maintaining confidence on the part of the content owner representatives, the participating ISPs, and the public in the accuracy and security of the methodologies."


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