tag:blogger.com,1999:blog-3993498847203183398.post8415804991973831699..comments2024-03-18T12:28:29.902+00:00Comments on RevK<sup>®</sup>'s ramblings: Section 97A ordersRevKhttp://www.blogger.com/profile/12369263214193333422noreply@blogger.comBlogger12125tag:blogger.com,1999:blog-3993498847203183398.post-62288958948291033422013-11-26T10:26:06.688+00:002013-11-26T10:26:06.688+00:00I suspect they are being clever - if they don'...I suspect they are being clever - if they don't serve the normal page to UK IPs then the UK courts have no reason (and possibly even not power) to order a block on the site. That gives the site the control of what is shown on the "Block" page. No idea if that worked.RevKhttps://www.blogger.com/profile/12369263214193333422noreply@blogger.comtag:blogger.com,1999:blog-3993498847203183398.post-80366192707430501362013-11-26T10:23:58.011+00:002013-11-26T10:23:58.011+00:00Bod: I'm guessing you don't have IPv6 enab...Bod: I'm guessing you don't have IPv6 enabled, but RevK and I do? Over IPv6, I get the website content as expected; same request over IPv4 gets me their blocked message. (Both going directly over my A&A line, obviously; IPv4 requests from the Netherlands and USA work fine.)<br /><br />It's rather bizarre that they're actually blocking access themselves while complaining about "censorship": obviously if you can see their message, your ISP is *not* blocking it, so the instructions are redundant!jas88https://www.blogger.com/profile/05563592458314214904noreply@blogger.comtag:blogger.com,1999:blog-3993498847203183398.post-2607442600723937222013-11-25T23:24:37.043+00:002013-11-25T23:24:37.043+00:00From my understanding, they have added most of the...From my understanding, they have added most of the UK's allocation to their firewall and are directing us to a "The UK courts are fully paid up members of the Music Industry, so use a VPN to access us" page.<br /><br />http://torrentfreak.com/eztv-circumvents-isp-blockade-and-slams-hollywood-censorship-130731/Anonymoushttps://www.blogger.com/profile/06722704467361879843noreply@blogger.comtag:blogger.com,1999:blog-3993498847203183398.post-67136250331191404602013-11-25T23:22:07.021+00:002013-11-25T23:22:07.021+00:00From my understanding, from this thread: http://to...From my understanding, from this thread: http://torrentfreak.com/eztv-circumvents-isp-blockade-and-slams-hollywood-censorship-130731/ EZTV have put the entire UK allocation into their firewall and are not blocking per-se, just redirecting to a "The UK courts are a fully paid up member of the music industry, use a VPN to access us" page.Anonymoushttps://www.blogger.com/profile/06722704467361879843noreply@blogger.comtag:blogger.com,1999:blog-3993498847203183398.post-40227492281105277462013-11-25T20:43:57.117+00:002013-11-25T20:43:57.117+00:00> the service the ISP provides is not being use...> the service the ISP provides is not being used for communication to the public<br /><br />Hmm... I wonder if one might argue that the act of infringement is "communication to the public" in the sense that the material is "made available", and that the connection between the user and the server is what makes the work "available" to that user. Without the connection, the work is not made available, such that the service connection is used — by the person running the server, if not the user receiving the stream — to infringe copyright. Perhaps.Anonymoushttps://www.blogger.com/profile/18427000118752159232noreply@blogger.comtag:blogger.com,1999:blog-3993498847203183398.post-57024673465889264972013-11-25T20:33:32.239+00:002013-11-25T20:33:32.239+00:00Indeed, but the users of the service the ISP provi...Indeed, but the users of the service the ISP provides is not being used for communication to the public - the ruling is basically that it is outside the scope of copyright. Yes, the site serving the streaming my be infringing, but they are not users of the providers service, as well as the fact that if they are not in the UK the relevant legislation for that may be somewhat different anyway.RevKhttps://www.blogger.com/profile/12369263214193333422noreply@blogger.comtag:blogger.com,1999:blog-3993498847203183398.post-75487539656580343342013-11-25T20:31:46.868+00:002013-11-25T20:31:46.868+00:00We (A&A) are not blocking, and indeed, it is n...We (A&A) are not blocking, and indeed, it is not blocked from my PI at home via the same network. It seems that web site is deciding to serve different content from some IPs. I suggest you contact them and ask. Do let us know.RevKhttps://www.blogger.com/profile/12369263214193333422noreply@blogger.comtag:blogger.com,1999:blog-3993498847203183398.post-71887464603021494232013-11-25T20:08:43.868+00:002013-11-25T20:08:43.868+00:00I would need to remind myself of the detail, but m...I would need to remind myself of the detail, but my recollection is that this case dealt with the reproduction (copying) right, holding that, in the circumstances at issue, the Article 5(1) exception was made out, such that there was no infringement of the reproduction right. However, the reproduction right is not the only right comprising the bundle of rights known generically as "copyright", and I wonder whether the basis which would be argued in a s97A application here is not reproduction, but communication to the public (s20, Copyright, Designs and Patents Act 1988, in the UK.) My feeling — and I do not have the wording in front of me — is that s20(2) might apply here.<br /><br />This may all be wrong, but it's the best thought I have off the top of my head.Anonymoushttps://www.blogger.com/profile/18427000118752159232noreply@blogger.comtag:blogger.com,1999:blog-3993498847203183398.post-47086636062413760392013-11-25T18:54:57.697+00:002013-11-25T18:54:57.697+00:00Going off on a slight tangent regarding website bl...Going off on a slight tangent regarding website blocking, how is it I can't access http://eztv.it when using AA as my ISP, all I get is a page saying it has been blocked by users in the uk. - they are blaming the ISP for the blokc, which can't be the case - so who is doing the blocking? <br /><br />ThanksBodhttps://www.blogger.com/profile/12431969412770033184noreply@blogger.comtag:blogger.com,1999:blog-3993498847203183398.post-14008519257740601872013-11-25T16:09:43.259+00:002013-11-25T16:09:43.259+00:00I suspect that it doesn't really matter - the ...I suspect that it doesn't really matter - the only way this can be determined is to go to court. Which ISP is going to want to go down that route? Especially given the courts' past history of making ludicrously illogical (and hideously epensive) decisions.NABhttps://www.blogger.com/profile/15645758112897112622noreply@blogger.comtag:blogger.com,1999:blog-3993498847203183398.post-60769133463176551522013-11-25T16:08:10.848+00:002013-11-25T16:08:10.848+00:001. No, we have no blocking and do not use cleanfee...1. No, we have no blocking and do not use cleanfeed.<br />2. You may be right...RevKhttps://www.blogger.com/profile/12369263214193333422noreply@blogger.comtag:blogger.com,1999:blog-3993498847203183398.post-2666032230042776462013-11-25T15:54:18.440+00:002013-11-25T15:54:18.440+00:00Slightly off-topic: Do the blocks effect your cust...Slightly off-topic: Do the blocks effect your customers, as you use BT infrastructure?<br /><br />On topic: You're applying logic to law. Aren't Lawyers employed to prevent this sort of thing?Born Todayhttps://www.blogger.com/profile/10844896400169041973noreply@blogger.com