Three strikes struck out in the EU

The EU has knocked back the much-maligned 'three strikes' copyright infringement proposal.

The European Union has resoundingly rejected a three strikes approach to internet copyright infringement while the UK has continued to embrace a significantly more draconian approach.

The legislation was part of a wider set of laws aimed at reforming and simplifying European telecommunications markets to make telecommunications more affordable and flexible across its 27 member states.

Under the new framework, internet users accused of copyright infringing file sharing can't be cut off from the web without what has been labelled a "prior, fair and impartial" hearing.

The new laws don't yet specify the actual mechanics of how this will work and it appears that issues such as selecting an appropriate forum for hearings of copyright infringement will be left to individual EU countries.

The online copyright infringing component of the legislation proved to be a highly contentious sticking point that had held up the passage of the laws since May.

The European Parliament had voted down the previous proposal based on concerns that it didn't adequately safeguard the rights of internet users.

France, among other EU countries, had initially pushed for its three strikes laws to be adopted on a European Union wide basis.

This approach would have seen file sharers caught infringing copyright three times facing internet disconnection.

Whilst some member sates were allied with the French, most EU parliamentarians strongly opposed such a move, with many viewing the French law as an abuse of EU citizens' rights to access information.

Under the new laws, Governments can however immediately cut off internet access where users are suspected of other illegal behaviour such as terrorism, organised crime or child pornography. The three strikes law pushed by the French was not adopted.

Because the agreement on the compromise was approved by a broad majority, EU parliament watchers say the package is unlikely to be further opposed; however the EU Parliament still has to vote on the compromise legislation during its next session at the end of November.

After this, EU telecom ministers will have their final say and EU member countries will then be given 18 months to pass the legislation into law.