Renewed Crackdown On File Sharing
||Plazm|| writes: "Here is an article on CNet's News.com that talks about some ISPs, such as Adelphia and @Home, teaming up with record companies to crack down on not only copyrighted music trading but also other media such as movies. It goes on to talk about the rise of bounty hunter hiring by record labels to track down media pirates. It's good to see ISPs like Verizon reject such pressure from big label companies. But can they hold out forever?"
If ISPs were common carriers, like the telephone company, they would not be able to cancel your account except for a limited number of reasons, such as not paying your bill. They would also be obligated to provide service to everyone on a non-discriminatory basis.
ISPs are not common carriers, they can cancel your service for any or no reason. They can refuse to provide service for any or no reason.
This means that an ISP can cancel your account if someone complains that you are violating their intellectual property rights. It does not mean that they have a legal obligation to do so.
I just had a friend lose his internet service. He
downloaded "Bear Share" and got one song.
Neil Young's "Cinnimion Girl"
I am having trouble with the fact that he was
"punished" (suspended for 30 days) without a
trial, hearing or anything.
No one ever downloaded any mp3's from him. Seems
a little unconstutional to me...he has the
Neil Young CD.
AdFuel
Hi!
m l
Would it be foolish to suggest you link to the printable version of this story?
http://news.cnet.com/news/0-1004-202-6674297.ht
This way we could avoid this MASSIVELY IRRITATING DAMN ADVERT in the MIDDLE OF THE &&%%/ SCREEN.
Ciao,
Klaus
---
"What, I need a *reason* for everything?" -- Calvin
Free PC version of ChipWits at http://www.breueronline.de/klaus/chipwits/
The publishing industry, be it text, music, or whatever, used to be in the business of making information available to the market.
That has changed, because the Internet is far more efficient at that.
The publishing industry is now in the business of manufacturing scarcity, controlling access to that information. This is a fundamental paradigm change. Their present business model depends on their controlling access to 'their' information, and no business likes to change business models.
The living have better things to do than to continue hating the dead.
"We don't care. We don't have to. We're the phone company."
Recently the Canadian Recording Industry Association sent our ISP this ceases & desist letter. Fortunately our ISP called us up and told us that they wouldn't be shutting us down unless they received a court order. We then fired back this response to CRIA pointing out the absurdities of their letter to our ISP.
A good source of info on copyright in Canada is Michael Geist's website. He actually wrote an article entitled Napster north of the 49th parallel outlining the current copyright situation faced by file shares up here.
Matt.
I don't necessarily like this approach that they are taking, but at some point, they have to be able to get some legal recourse for stopping people from sharing copyrighted materials. Either that, or forget the whole copyright system and replace it with something else, but realistically, that's never going to happen. Just like Income Tax will never be replaced with a more fair Sales Tax and we'll never get rid of guns in the hands of criminals.
I hear a lot of people bashing the RIAA/MPAA (myself included), but I don't hear very much constructive criticism. At some point, they have to be able to protect their interests.
Should they go after individual users? Personally, I think they should, but the outcry of that would probably be far greater than than anything they are doing now.
It was easy to hide behind Napster, when tens of millions of people were using the service, but at this point, if you've got 100 DVD movies on your system (assuming you've got the space!), I'd be pretty frightened of prosecution. And there wouldn't be much you could do legally, if they wanted to throw the book at you.
I'm wearing my Copyleft DeCSS T-Shirt as I type this, and if we're ever going to be able to denounce the DVD CCA and MPAA for going after 2600.com, then we're going to have to bend somewhere. It's like people say "DeCSS was not made to copy DVDs, it was made to watch your DVDs on Linux... Hey, did you copy that DVD for me yet?" That type of attitude should stop, and people should be willing to admit that what they are doing (copying and distributing DVDs, CDs, etc.) is wrong, if not in a moral sense, then at least in a legal sense.
Break the law, pay the price. So far we've been relatively lucky because they've been going after the wrong people (Dmitry Sklyarov, Napster, 2600, etc.)
First of all I have to congratulate Verizon for something, OUCH! (OK ~Grude~ nice going Versizon, on resisting pressure)
Ok, on to the rant.... Why aren't all ISP's doing this. Why is it that they don't understand their legal role here is to do nothing and should remain that way. They are granted enhanced service provider status under the law in the US. They are just like the Phone company, they provide a line, but can legally take no responsibility for whats on that line. The second they take any responsibility for whats on the line they loose that status. Perhaps because Verizon is in the phone business, they understand this and resisting pressure because they know thier legal standing in this, but more companies should be following the example. It seems to me that perhaps AOL is also understanding of this, lests consider they own Winamp which for alot of the world is the only way they know how to play that MP3 they just downloaded.
So far my provider for my Cable modem has not caved as far as I know and shows no signs of doing so, of course I never check my mail their, or hardly ever read their web site so who knows, it might have just changed.
Power Corrupts,Absolute Power Corrupts Absolutely, leaving one person(group)in charge is absolutely corrupt.
Crackdown on file sharing? That's an understatement - look what's happened to Napster !!!
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%46%55%43%4B !
Yeah, so other companies are doing this too. For instance the other day, I was out of town and called my young daughter and read to her from her favorite book. After the first paragraph, on operator came on the line and asked me to please cease and desist with my balatant copyright violation. I told her to fuck off and that information wants to be free, but they cancelled my phone service and put my daughter in juvinile detention. Now I have two copies of the book, one here, and one at home, and I purchased a reading license. It feels so good to be legal, and not an evil pirate!
Then there was the time I was calling a friend from work, and my CD player was on, and the same thing happened. I got a letter from the RIAA, and they cancelled my employers phone service. Of course, I was fired and they took my CD. But I should've known better! Distributing copyrighted content is WRONG!
And the other day, I connected my stereo to my computer and played my favorite Metallica MP3s that I downloaded and didn't pay anybody for. After 4 seconds, the power went out. The next day I received a fedex telling me that "your electricity service is only licensed for legal purposes. failure to abide by these terms will result in the immediate termination of your account.".
So don't worry folks, this is nothing new. Now I just have to read the license terms on this new flashlight I bought: "Your new Mag-Lite(r) flashlight is licensed soley for the illlumination of material that you have the right view. In order to enforce these terms, we reserve the right to audit your flashlight use at any time and without prior notice."
This is just another MPAA RIAA big brother tactic to try to make themselves look useful and possibly make some more money. Blocking client services like Gnutella and iMesh is difficult on any level within an ISP, primarily because it's just data flowing on a port. You can start by blocking specific ports, but this will be a game of catch the rabbit while users switch services, protocols become more intelligent, etc. Any ISP who is at all concerned with efficiency will quickly abandon these efforts.
The only way I could see ISPs finding out who is actually distributing copyrighted data would be to spy on users and look through data manually to find copyright violations. Of course, this would be a violation of several telecommunications laws. Using a file sharing system isn't illegal, and unlike Napster, many of these networks do not have a central source to go after.
It's also interesting to note Napster's community was its breaking point, because it gave unique usernames which could be tracked. In Gnutella's case, there is no clear way to track people. Specific networks could be tracked and IP addresses are available, but with DHCP those are pretty useless. It also raises the familiar point of placing IP addresses to real names (1 is easy, but imagine 100,000).
Hopefully the futility of all this will be realized. Napster was easy to get rid of, but now do these companies think every ISP will bend to their wills and censor communications and spy on the very people who provide the money to run their network?
Perhaps one day we will need confirmation that what we send is not copyrighted nor offends or violates any law or rule by any company with enough money to buy the pressure rights.
"I'll just chip in a bit for RedHat: I actually have that installed on my university machine." - Linus, '95
Michael Healy, the company's senior Internet abuse investigator stands in the back control area of his ship's bridge with a motley group of men and creatures. Harris Schwartz, director of network policy and standards for Excite@Home and two controllers stand at the front of the bridge and watch the group with scorn.
...there will be a substantial reward for the one who finds the file-swapping networks and their subscribers. You are free to use any methods necessary, but I want them alive. No disintegrations.
SCHWARTZ: Bounty hunters. We don't need that scum.
FIRST CONTROLLER: Yes, sir.
SCHWARTZ: Those file traders won't escape us.
A second controller interrupts.
SECOND CONTROLLER: Sir, we have a priority signal from the Star Destroyer MPAA.
The group standing before Healy is a bizarre array of galactic fortune hunters: There is Bossk, a slimy, tentacled monster with two huge, bloodshot eyes in a soft baggy face; Zuckuss and Dengar, two battle-scarred, mangy human types; IG-88, a battered, tarnished chrome war droid; and Boba Fett, a man in a weapon-covered armored space suit.
HEALY:
BOBA FETT: As you wish.
*Groan*. Right. That's like saying "it's good to see convenience store robbers get away all the time."
What are we fighting for here, exactly? I want to be able to place copies of music and videos I own on my own devices. That's what's called "legal". Everybody else, or so it seems, wants to share the music and videos with a million other people on the internet that don't pay. That's what's called "illegal".
The hacker/techie/music pirates always seem to walk this fine line between legal and illegal, slipping over on each side from time to time. Yes, the argument that we should be allowed to keep copies of the same music in various parts of our house is a sound one (legal side). But no, we shouldn't be allowed to share it with a million people on the internet (illegal side).