Comments on: The worst of both worlds http://www.lexferenda.com/29012009/the-worst-of-both-worlds/ daithí mac síthigh, university of east anglia, norwich, england Wed, 10 Mar 2010 14:49:33 +0000 http://wordpress.org/?v=2.9.2 hourly 1 By: B Monabury http://www.lexferenda.com/29012009/the-worst-of-both-worlds/comment-page-1/#comment-6165 B Monabury Fri, 06 Mar 2009 14:10:26 +0000 http://www.lexferenda.com/?p=931#comment-6165 Interesting - The attached article outlines the fact that even though a user may have 'upgraded' the default WEP security - a hacker may have already compromised a system and opened a 'backdoor' . Based on that how can eircom 'police' the p2p and mp3 issues .. when it can be legally argued that the broadband connection was breached ! http://www.kerryman.ie/news/your-computer-is-at-the-mercy-of-hackers-1660476.html Interesting – The attached article outlines the fact that even though a user may have ‘upgraded’ the default WEP security – a hacker may have already compromised a system and opened a ‘backdoor’ . Based on that how can eircom ‘police’ the p2p and mp3 issues .. when it can be legally argued that the broadband connection was breached !

http://www.kerryman.ie/news/your-computer-is-at-the-mercy-of-hackers-1660476.html

]]> By: Blackout Ireland - Some Questions | Andyaz http://www.lexferenda.com/29012009/the-worst-of-both-worlds/comment-page-1/#comment-6151 Blackout Ireland - Some Questions | Andyaz Sat, 28 Feb 2009 16:31:46 +0000 http://www.lexferenda.com/?p=931#comment-6151 [...] my knowledge, the details of the settlement have not been published. As Daithí points out, this is a closed door settlement between companies and the details need not be made [...] [...] my knowledge, the details of the settlement have not been published. As Daithí points out, this is a closed door settlement between companies and the details need not be made [...]

]]> By: seamus http://www.lexferenda.com/29012009/the-worst-of-both-worlds/comment-page-1/#comment-6048 seamus Sat, 31 Jan 2009 14:03:40 +0000 http://www.lexferenda.com/?p=931#comment-6048 I've covered this very subject on my blog also. The thing is it will be very difficult for eircom to police. some peer to peer sites allow you to encript what you upload and down load. The isp (internet service provider) can see your down loading but cant see exactly what. so if downloading the answer is encript everything. I’ve covered this very subject on my blog also. The thing is it will be very difficult for eircom to police. some peer to peer sites allow you to encript what you upload and down load. The isp (internet service provider) can see your down loading but cant see exactly what.

so if downloading the answer is encript everything.

]]> By: uli http://www.lexferenda.com/29012009/the-worst-of-both-worlds/comment-page-1/#comment-6037 uli Thu, 29 Jan 2009 21:49:58 +0000 http://www.lexferenda.com/?p=931#comment-6037 Hide your IP address via Steganos Internet Anonym or the open source TOR project Hide your IP address via Steganos Internet Anonym or the open source TOR project

]]> By: Digital Rights Ireland » Three unproven accusations and you’re out - why the Eircom / IRMA deal is bad for internet users http://www.lexferenda.com/29012009/the-worst-of-both-worlds/comment-page-1/#comment-6034 Digital Rights Ireland » Three unproven accusations and you’re out - why the Eircom / IRMA deal is bad for internet users Thu, 29 Jan 2009 15:39:34 +0000 http://www.lexferenda.com/?p=931#comment-6034 [...] to Danish firm Dtecnet - but the inherent unreliability of this process remains. * It’s secret. We normally expect rules to be made in public, to be accessible to citizens and to be applied [...] [...] to Danish firm Dtecnet – but the inherent unreliability of this process remains. * It’s secret. We normally expect rules to be made in public, to be accessible to citizens and to be applied [...]

]]> By: Oisin http://www.lexferenda.com/29012009/the-worst-of-both-worlds/comment-page-1/#comment-6033 Oisin Thu, 29 Jan 2009 15:02:30 +0000 http://www.lexferenda.com/?p=931#comment-6033 What's probably going to happen is that this whole issue is going to shift from being an IP/regulatory law one to being a contract/ consumer protection law one. Two points spring to mind. First, to put this settlement into practice Eircom will have to modify its terms of service for all its current customers (without giving any legal consideration for a unilateral modification of a contract) which could pose considerable enforceability problems. Moreover, to properly incorporate the 'three strikes and your out' rule into its contracts Eircom is probably going to have to draw this new provision to the attention of its subscribers (so we may, indirectly, get to figure out what the terms of settlement were). Second, and more interestingly, if, and when, Eircom seeks to terminate someone's service, we may finally get some litigation as to whether or not these often unfair, impenetrable user agreements are actually enforceable or not. We'll finally get to see if the Unfair Terms Directive, along with all the old common law and equity cases on enforcing one-sided terms that weren't negotiated or drawn to the parties attention have any bearing on user agreements. What’s probably going to happen is that this whole issue is going to shift from being an IP/regulatory law one to being a contract/ consumer protection law one. Two points spring to mind.

First, to put this settlement into practice Eircom will have to modify its terms of service for all its current customers (without giving any legal consideration for a unilateral modification of a contract) which could pose considerable enforceability problems. Moreover, to properly incorporate the ‘three strikes and your out’ rule into its contracts Eircom is probably going to have to draw this new provision to the attention of its subscribers (so we may, indirectly, get to figure out what the terms of settlement were).

Second, and more interestingly, if, and when, Eircom seeks to terminate someone’s service, we may finally get some litigation as to whether or not these often unfair, impenetrable user agreements are actually enforceable or not. We’ll finally get to see if the Unfair Terms Directive, along with all the old common law and equity cases on enforcing one-sided terms that weren’t negotiated or drawn to the parties attention have any bearing on user agreements.

]]> By: Daithí http://www.lexferenda.com/29012009/the-worst-of-both-worlds/comment-page-1/#comment-6032 Daithí Thu, 29 Jan 2009 14:23:06 +0000 http://www.lexferenda.com/?p=931#comment-6032 Ah, yes. Explained here: http://www.lexferenda.com/03052006/i-me-mine-music/ . And from what I've read so far, the technical 'solution' is not a whole lot better. Ah, yes. Explained here: http://www.lexferenda.com/03052006/i-me-mine-music/ . And from what I’ve read so far, the technical ’solution’ is not a whole lot better.

]]> By: Colm Doyle http://www.lexferenda.com/29012009/the-worst-of-both-worlds/comment-page-1/#comment-6031 Colm Doyle Thu, 29 Jan 2009 14:11:52 +0000 http://www.lexferenda.com/?p=931#comment-6031 God, you remember that meeting we had with IRMA? This whole things scares me if IRMA are involved.... God, you remember that meeting we had with IRMA? This whole things scares me if IRMA are involved….

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