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payday loan
Three Strikes in South Korea Stats
Posted on October 25, 2010 in copyright by Brian RoweComments Off

South Korea has had a three strike policy in place since mid 2009 for file sharing.  This policy basically throws individuals off the internet (revokes their access through thier ISP) if they accused of filesharing three times.  Over the last 2 years over 60,000 actions have been taken by the government relating to this law and at least 32 individuals have lost their internet access.

2. How Many Individuals or Web Sites Have Been Suspended? The legislation was passed on April 22, 2009 and came into force on July 24, 2009. By the end of July 2010, there has been no suspension against an individual user or a web site by the order of the Minister. However, the Copyright Commission has recommended ISPs to suspend accounts of copyright infringing users in thirty-one cases, and all of the individual users have been disconnected to the corresponding ISPs for less than one month. Recommendations by the Copyright Committee (Source: Report of the Minister to the National Assembly, September 2010)

Recommendations by the Copyright Committee
(Source: Report of the Minister to the National Assembly, September 2010)
Warning
Deletion or Blocking
Suspension of User Account
Total
July 2009
0
0
0
0
August 2009
0
0
0
0
September 2009
2,701
2,524
0
5,225
October 2009
3,750
3,650
0
7,400
November 2009
3,694
3,552
0
7,246
December 2009
2,275
2,248
0
4,523
January 2010
2,555
2,500
0
5,055
February 2010
2,518
2,444
0
4,962
March 2010
3,170
3,128
0
6,298
April 2010
3,520
3,505
8
7,033
May 2010
2,837
2,828
11
5,676
June 2010
3,387
3,383
0
6,770
July 2010
2,471
2,447
12
4,930
Total
32,878
32,209
31
65,118
Compliance by ISPs with the Commission’s Recommendations
Recommendations
Compliance
Non-Compliance (by only one ISP)
65,118
65,078
40 (Warning: 20 / Deletion or Blocking: 20)

One of my many problems with this law are the due process concerns, Heesob Nam sums these up well with regard to commission actions:

Unlike the suspension by the Minister’s order, a suspension by the Copyright Commission’ recommendation can be made without requiring that the unauthorized reproduction or transmission takes place at least three times. Nor is required a prior notice. When the Copyright Commission determines the user’s unauthorized activity being repeated, the Commission may recommend the corresponding ISP to suspend the user’s account. In this regard, the suspension by the Commission’s recommendation is neither a three-strike rule nor a notice-suspension system. The Korean government also does not call this a three-strike rule. But the reason is quite different. It is not a three-strike rule because the suspension is a voluntary measure taken by an ISP (See page 7 of APAA Annual Report 2009 (Korea)).

Read the full report: Facts and Figures on Copyright Three-Strike Rule in Korea

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