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Old 02-22-2012, 12:25 PM   #60
Ninjalawyer
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Three strike systems go way beyond speed cameras; with a speed camera, you're [usually] facing a monetary penalty - there's no potential for jail time or even demerits. With three strike systems, you're potentially getting kicked off the internet which is how a lot of people:

(i) make a living;
(ii) do their daily financial transactions;
(iii) interact with people outside of their area; and
(iii) access basic information about government services.

Forcing someone to prove a negative (that they didn't infringe) is bad enough, but it's worse when the consequence is taking away fundamental services. The process shouldn't be so easy for copyright holders given the consequences. Just to head off the usual strawmen arguments, no, I'm not saying people have a "right" to internet use.

We can also get into the issue of accusing people based on infringement coming from their IP address and the usefulness of that, but I don't think that's necessary for the purposes of this conversation.

Edit

I would also just note that not all States in the U.S. issue fines based on the car rather than the driver; some States photograph the drivers face and identify the violator that way.

This doesn't impact your point, but it's interesting.

Last edited by Ninjalawyer; 02-22-2012 at 12:40 PM.
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