tom ohta - graduated response: what role do private agreements play?

14
Graduated response: what role do private agreements play? 1 April 2014 Tom Ohta, Associate

Upload: eleonora-rosati

Post on 27-Dec-2014

138 views

Category:

Law


0 download

DESCRIPTION

 

TRANSCRIPT

Page 1: Tom Ohta -  Graduated response: what role do private agreements play?

Graduated response:

what role do private

agreements play?

1 April 2014

Tom Ohta, Associate

Page 2: Tom Ohta -  Graduated response: what role do private agreements play?

What is the meaning of this sign?

Maximum speed limit is 30mph

End of minimum limit

Minimum speed limit is 30mph

No speed limit

Page 3: Tom Ohta -  Graduated response: what role do private agreements play?

Voluntary Copyright Alert Programme (VCAP)

Copyright Advanced Television Ltd © 2001-2014

Page 4: Tom Ohta -  Graduated response: what role do private agreements play?

USA – Center for Copyright Information (CCI)

© 2011 Metropolitan School of Business and Management Nigeria

Page 5: Tom Ohta -  Graduated response: what role do private agreements play?

USA – Center for Copyright Information (CCI)

Page 6: Tom Ohta -  Graduated response: what role do private agreements play?

USA – Copyright Alert System

Educate subscribers

Promote access to legal content

Protect copyright content

Page 7: Tom Ohta -  Graduated response: what role do private agreements play?

“6-strike” system

Educational Step

(Strikes 1+2)

Acknowledgement Step

(Strikes 3+4)

Mitigation Step

(Strikes 5+6)

7 days 7 days 7 days 7 days 7 days

Page 8: Tom Ohta -  Graduated response: what role do private agreements play?

CAS: Mitigation Measures

© Jim Cornfield/Corbis

Page 9: Tom Ohta -  Graduated response: what role do private agreements play?

Private GRS - Ireland

Licensed under the Creative Commons Licence from Flickr user Ryan

Yu

Page 10: Tom Ohta -  Graduated response: what role do private agreements play?

Eircom: 3-strike system

Warning

(Strike 1)

Strongly worded warning

(Strike 2)

Notice of termination

(Strike 3)

14 days 14 days

Page 11: Tom Ohta -  Graduated response: what role do private agreements play?

Eircom

• June 2010 – Dec 2011:

29,000 letters

100 customers: temporary

1-week suspension

12 customers: permanent

cut-off

• Feb 2014: case pending against

another ISP, UPC

Page 12: Tom Ohta -  Graduated response: what role do private agreements play?

Lessons to be learned

Licensed under the Creative Commons Licence from Flickr user dbaguz

Page 13: Tom Ohta -  Graduated response: what role do private agreements play?

Final thoughts…

© 2013 NORTHWEST BUSINESS LAW LLC

Page 14: Tom Ohta -  Graduated response: what role do private agreements play?

Thank you for your attention

Tom Ohta, Associate

[email protected]

Twitter: @Tom_Ohta

Bristows LLP

100 Victoria Embankment

London EC4Y 0DH

T +44(0)20 7400 8000

F +44(0)20 7400 8050

www.bristows.com

24336204