Spain rules out 3 strikes?

Just as they are about to assume the presidency of the EU in January 2010, the Spanish government has stated they are "not considering punitive measures for the end user of Internet", which is being read in some quarters as ruling out a 3 strikes law in Spain.

This is interesting, given that the compromise between the EU parliament and Council on amendment 138 to the telecoms package now could possilbly facilitate 3 strikes in member states which decided to introduce such schemes; and given that discussions on ACTA this week seem to be specifically (at least partly) about mandating 3 strikes regimes globally.

France have finally got their 3 strikes HADOPI law approved by the constitutional council.  Ireland have a partial 3 strikes regime since Eircom folded in their legal battle with the music industry and agreed to implement it, on condition the music companies sued Eircom's main competitors with the objective of getting them to implement 3 strikes too.  The UK government, at least in the form of Peter Mandelson, are now pushing strongly for a 3 strikes type approach here, though it's unlikely to go through before the general election next year; at which point Mr Mandelson may no longer be in a position to implement such a law (if as widely predicted the Conservative party, which has indicated they are opposed to 3 strikes, win an overall majority).  Germany is strongly opposed as are a number of other member states at the moment.  Spain's stance is important since it will influence the EU's legislative agenda over the next 6 to 8 months but it looks like 3 strikes will be a fluid issue for some time.