Today Tele2, a Danish Telco, was handed a court order saying that they are to prevent their customers from using the Russian site AllOfMp3.com
Link to article (in Danish)The site sells mp3s - digital music - without paying royalties directly to the record labels and/or artists. In stead they're in compliance with Russian law, and pay royalties to some media company, that has offered to relay the royalties to the offended parties - which they've declined.
Whether it is "legal" for Danes to buy mp3s in Russia I don't know, but I do know that you can't prevent access to a site - even if a judge says so.
To explain: whenever you enter an internet address (URL), ie.
www.porse.org, in a browser, that name is translated to a number, typically represented as 4 digits separated by points, (ie. 82.103.135.61). That is a unique address on the internet and is what is used to get to the website.
The judge proposes that Tele2 disables the translation of
www.allofmp3.com to its ip-address as a means of stopping users from going there. Of course the savvy user will find some other means of translating the address and circumvent the "filter". Or some helpful person outside of Tele2's net will put up a proxy - sort of a point-in-between - that will relay requests for allofmp3.com to the proper end point in Russia. You can't prevent access to any place on the internet. No! Any tech would tell you so, and everybody should listen to the techs.As Ib Tolstrup, Tele2, says:
The only real way to comply with the ruling is by blocking access to the entire
internet for all of our customers. And we're not interested in that.
The whole business is futile. Besides, it's not the responsibility of the ISPs to govern where their customers are allowed to go. If the record labels want to prevent users from downloading music from AllOfMp3, they should go to Russia and make AllOfMp3.com stop selling to us Danes - and whomever they want to stop them selling to (the World, I guess)
At any rate, the proposed way of doing it has some pretty eyebrow-raising implications if you ask me! A judge can rule that a certain website is illegal to visit? I don't think so! Next we'll have a judge rule that visits to non-government-sanctioned political parties' websites are illegal? Or websites that promote violence (computer games) or unhealthy lifestyle (Cigarette brands, Alcohol brands, MacDonalds)
In the end it boils down to this: The IFPI (record labels organisation) has benifited from a judge that just didn't know what the f... he was doing and lawyers that didn't know how to handle the pressure.
Tele2 has appealed the ruling so let's hope they bring in some techs. I'd just hate to see things go the way they do in the US, where big cooporations get their way because of unqualified/inept judges and so-called professional auditors, like things have gone in patenting for instance. Now a-days you propably get away with patenting "breathing" if you describe it in a way that a patent issuer won't understand, "A mechanism for enriching the blood stream with oxygen based on a pumping motion of the body".
There.. I've finished. This blog thing is a great outlet of built-up outrage :o)