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Censoring The Net With A Hotmail Account

Alex Bradbury writes "Members of the Bits of Freedom group conducted a test to see how much it would take for a service provider to take down a website hosting public domain material, and have published their results. They signed up with 10 providers and put online a work by Dutch author Multatuli, who died over 100 years ago. They stated that the work was in the public domain, and that it was written in 1871. They then set up a fake society to claim to be the copyright holders of the work. From a Hotmail address, they sent out complaints to all 10 of the providers. 7 out of 10 complied and removed the site, one within just 3 hours. Only one ISP actually pointed out that the copyright on the work expired many years ago. The conclusion of the investigation is definitely worth reading. The three providers who didn't take down the material are XS4ALL, UPC and Freeler. The company that came out the worst was iFast, who forwarded all the personal details of the site owner to the sender of the fake takedown notice without even being asked to do so."

286 comments

  1. I would say by cbrocious · · Score: 1

    That this should be illegal. Unfortunately, the way the legal system in the US is, it'd just make things worse and not fix the problem.

    --
    Disconnect and self-destruct, one bullet at a time.
    1. Re:I would say by rpdillon · · Score: 4, Interesting

      What should be illegal? Testing ISPs, or handing out information on your customers to whoever asks (or doesn't ask) for it?

      I don't know how representative this would be of US ISPs, as all the ISPs mentioned in the article are .nl (Netherlands). The US may have laws that affect this.

    2. Re:I would say by chris+mazuc · · Score: 1

      Uhh.. the DMCA says that ISPs can be liable for user's content, it is in their best interests to take it down as soon as possible. Repeal the law and you won't have this kind of atmosphere.

      --
      E pluribus unum
    3. Re:I would say by !ramirez · · Score: 2, Informative

      Note that all of this occurred (ostensibly, judging by the TLD) in the Netherlands.

      US laws don't apply there, I'm pretty certain.

    4. Re:I would say by chris+mazuc · · Score: 1

      duh.. forgot to rtfa, heh. s/DMCA/Directive 2000/31/EC of the EU Parliament/

      --
      E pluribus unum
    5. Re:I would say by DaHat · · Score: 0, Offtopic

      On that note, I think we should test airport security. Who wants to fill a suitcase full of explosives and see if the TSA stops you.

    6. Re:I would say by Anonymous Coward · · Score: 0

      #include

      Thanks to errr.. pressure from America, Europe has adopted laws about as bad as those in the land of the free. It the fear of being held responsible which prompts ISP's to rush to action without a serious investigation of the claims made.

    7. Re:I would say by NetNifty · · Score: 1

      Some newspapers have actually done similer to that in the UK, not with real explosives (I think/hope anyway), but they did test security by sneaking stuff through. Was also a documentry about this a while ago.

    8. Re:I would say by LordK2002 · · Score: 4, Funny
      US laws don't apply there, I'm pretty certain.
      Why not? They apply everywhere else.
    9. Re:I would say by Anonymous Coward · · Score: 0

      that would actually involve breaking the law.

      tell me again exactly what law was broken by this group?

      oh yeah, NONE

    10. Re:I would say by igotmybfg · · Score: 3, Informative

      Had you actually read the article, you would know that the study primarily concerned European providers, not American ones. And one conclusion of the study was that it was actually a lot harder to take down a site in the US than in Europe.

    11. Re:I would say by NetNifty · · Score: 1

      Fraudulant claim of copyright?

    12. Re:I would say by imemyself · · Score: 2, Insightful

      Not only should it be illegal, but the people from the ISPs should go to prison. Yeah, it might be easier and cheaper for the justice department to do away with all trials and just play jury/judge/executioner but that's not the way it works. The ISP should be required to actually investigate it and have real, solid evidence before they go and do something. On a sidenote, I wonder what we could "copyright" on the RIAA's site...

      --
      Every time you post an article on Slashdot, I kill a server. Think of the servers!
    13. Re:I would say by igotmybfg · · Score: 1
      Not only should it be illegal, but the people from the ISPs should go to prison.

      Why? What crime have they committed?

    14. Re:I would say by imemyself · · Score: 1, Interesting

      Convicting and punishing a person for a crime they didn't commit. They didn't even try to find out if they committed it.

      --
      Every time you post an article on Slashdot, I kill a server. Think of the servers!
    15. Re:I would say by igotmybfg · · Score: 1

      It is not a conviction. A conviction is handed down from a court in the legal system. Whether it is a punishment or not is a matter of opinion. The whole matter is a civil affair, not a criminal one. So why should the ISP go to jail?

    16. Re:I would say by Nicholas+Evans · · Score: 3, Insightful

      You see, they have this little thing called 'Terms and Conditions' that hostings firms reserve the right to give you the boot at their discretion in...

    17. Re:I would say by pjt33 · · Score: 4, Informative

      Assuming the Netherlands to comply with European data protection legislation, handing out information on your customers like that is already illegal.

    18. Re:I would say by jrumney · · Score: 1
      The US may have laws that affect this.

      The US does, its called the DCMA.

    19. Re:I would say by jrumney · · Score: 1

      or DMCA even.

    20. Re:I would say by SoSueMe · · Score: 1
      I'd bet it will be illegal in Texas soon:
      It only takes a Hotmail account to bring a website down, and freedom of speech
      stands no chance in front of the Texan-style private ISP justice.
    21. Re:I would say by st1d · · Score: 1

      Not sure about the UK cases, but here in the US, they did use real explosives in a similar test, but just enough that dogs and explosive sniffing equipment should have picked it up. (Just having an explosive chemical in a peice of luggage doesn't do much, it's got to be tightly wrapped in some way so it can build up to critical pressure.) They managed to easily dodge the dogs being walked around the terminals, and the security staff didn't bother using the equipment on every peice of baggage. (To me, the handheld devices looked a little bulky, and had to be set down and picked up a lot in order for the rather understaffed inspection people to do a through job of using it, between taking keys and opening luggage, etc.)

      --
      Microsoft has just released their much anticipated hands-free cordless mouse. Warning, it may hurt a little at first.
    22. Re:I would say by Gentlewhisper · · Score: 2, Interesting

      that would actually involve breaking the law.

      tell me again exactly what law was broken by this group?


      Erm..

      Perjury?

      When you send out a take down notice you are making a legal claim that is not true.

    23. Re:I would say by Anonymous Coward · · Score: 0

      You would actually suggest such a thing and post it with your REAL handle????

    24. Re:I would say by tverbeek · · Score: 2, Insightful
      The whole matter is a civil affair, not a criminal one. So why should the ISP go to jail?

      One of the most problematic developments in copyright law has been the conversion from civil to criminal law. I'm a believer in the principle of copyright, but only as matter between individuals. If you make unauthorised copies of my comics, it's up to me to go after you (or not, at my discretion); it is not a crime against society or the state that should be subject to a trial of The People v. _______.

      --
      http://alternatives.rzero.com/
    25. Re:I would say by soliptic · · Score: 3, Informative

      The handing-the-customer-data-out part is already illegal under UK law (Data Protection Act, 1984).

    26. Re:I would say by RWerp · · Score: 2, Interesting

      A group of journalists in Poland managed to sneak into the airpoart and stick a label onto the plane on the runway. They could stick a bomb onto it as easily.

      --
      "Long run is a misleading guide to current affairs. In the long run we are all dead." (John Maynard Keynes)
    27. Re:I would say by aallan · · Score: 4, Insightful

      Why? What crime have they committed?

      The ISP is based in the Netherlands, by handing out data about one of their subscribers without a court order they have violated EU data protection laws. That's a crimial offence...

      Al.
      --
      The Daily ACK - Eclectic posts by yet another hacker
    28. Re:I would say by Awptimus+Prime · · Score: 5, Informative

      Not only should it be illegal, but the people from the ISPs should go to prison. Yeah, it might be easier and cheaper for the justice department to do away with all trials and just play jury/judge/executioner but that's not the way it works. The ISP should be required to actually investigate it and have real, solid evidence before they go and do something. On a sidenote, I wonder what we could "copyright" on the RIAA's site...

      Being a former employee of a major ISP, I can tell you first hand that you are not going to see this reality. Think of this:

      You have 6.8 million subscribers, the staff is bare-bones in order to keep the business afloat. It matters not how fiscally responsibe you are, there is little profit in being a service provider when your competitors pay Indians $2/hour for their labor.

      Even further, people complain non-stop on the Internet. Just take a gander at a few /. and other techie forums. There is this "I'M GONNA EMAIL MY ISP AND FIXOR THIS NOW" mentality. The bulk really comes from morons who get mad at someone on IRC or AIM and just want a third party to scare someone. It is a real shame, actually. I would come to work and find 4000 emails from customers, other ISPs customers, police departments, copyright holders, etc and 99.9999% of them were complete bullshit.

      So, the only way to effectively survive in this type of enviroment is to assume if something looks legit, take the first steps and let the two third parties deal with it on their own. Plus, if you post some garbage on the web, assume it will get deleted at some point. Keep backups. I repeat KEEP BACKUPS. This way, when the differences are settled, you can just upload you junk again and life will be back to normal.

      The direction you should focus you anger towards is the DMCA. I know it sounds cliche, but bombard your congressman and other gov offices with letters and faxes with reasonable explanations as to why you think the DMCA is a bunch of crockery. Sending some $30k a year, over worked, ISP employee who's not got a lot of options for jobs to jail because he was just doing his job is pretty stupid to say the least.

      Anyway, go read an ISP's terms of service. They are pretty much immune to anything short of calling you racist names or having sex with your handicapped sister.

    29. Re:I would say by halowolf · · Score: 1
      This is actually a common practice in the training of soldiers et all, they simulate the placing of explosives by sticking stickers onto the targets they are meant to destroy.

      Of course they are not meant to get caught before placing them, and well sometimes they don't use stickers either :)

    30. Re:I would say by Anonymous Coward · · Score: 0

      So why should the ISP go to jail?

      Tampering with customer data (web site). Suppressing free speech when there was no violation of their AUP. Disclosing customer data (personal data).

      In Germany for example, as a party involved in transmission of messages, you are not allowed to alter or hold back data at will. For example, free e-mail providers are not allowed to activate spam filters without your consent. You have to activate them yourself.

    31. Re:I would say by RWerp · · Score: 1

      Of course they are not meant to get caught before placing them

      The journalists didn't get caught, they only run a juicy article on it afterwards ;-)

      --
      "Long run is a misleading guide to current affairs. In the long run we are all dead." (John Maynard Keynes)
    32. Re:I would say by bani · · Score: 1

      An ISP's TOS can't make them immune from subpoenas, search warrants, or criminal prosecution. An ISP can't simply TOS away state and federal law, and an ISP can't immunize themselves against wrongdoing through a TOS.

    33. Re:I would say by Anonymous Coward · · Score: 0

      an ISP can't immunize themselves against wrongdoing through a TOS.

      Depends on the kind of "wrongdoing" involved. I work for an ISP. We can take down a website for any number of reasons - some claims copyright, someone is offended, you swore at us on the phone, etc.

    34. Re:I would say by Anonymous Coward · · Score: 0

      Anyway, go read an ISP's terms of service. They are pretty much immune to anything short of calling you racist names or having sex with your handicapped sister.

      And even that is suspect, based on a couple ISP's I've worked at... Some people will do anything for a buck....

    35. Re:I would say by Awptimus+Prime · · Score: 1

      What does that have to do with the issue? We were discussing throwing ISP employees in jail because they responded to an official looking email regarding copyright infringing materials on their servers.

      Of course ISPs are not above the law. We always worked with law enforcement in any way, but only if their paperwork was in order. There never was any fear or disgust when it came to working with them, a lot of nice people -- yet sometimes a bit ignorant in the realm of technology.

    36. Re:I would say by Arker · · Score: 4, Insightful

      So, the only way to effectively survive in this type of enviroment is to assume if something looks legit, take the first steps and let the two third parties deal with it on their own

      The problem here is that the bar for 'looks legit' here seems to be incredibly low. An email from a hotmail account making an allegation, with no evidence to back it up, 'looks legit?' I don't think so.

      In such a situation I would think the minimum would be a certified letter with specific allegations, and some sort of evidence showing that the complainant does have a valid copyright, and the material in question does come under it. Anything less should be sent to the bitbucket.

      Of course, there's another issue underneath this one - the ISP shouldn't be involved here at all, if there's a legitimate complaint the customer should be sued, and the only involvement with the ISP should be a court order to identify a particular customer. That's where the bad law issue is. But even with the bad law, the ISP shouldn't be jumping to cut off service to its customers based on unsubstantiated and undocumented allegations. I know they can't, realistically, go around making a decent investigation of every complaint - which is why they should simply bitbucket anything that doesn't come with some evidence - which the complaints in this case did not do.

      --
      =-=-=-=-=-=-=-=-=-=-=-=-=-=-
      Friends don't let friends enable ecmascript.
    37. Re:I would say by jrockway · · Score: 1

      I can say whatever the hell I want.

      The parent comment is violating my copyright. Take it down.

      Nothing illegal about sounding official, either. Maybe I think your post really does violate my copyright.

      --
      My other car is first.
    38. Re:I would say by Awptimus+Prime · · Score: 1

      While I agree, that isn't how it is. Nor is this how it will be anytime soon.

    39. Re:I would say by Mattcelt · · Score: 1

      Is there such a thing?

      I'm not trolling here - I've never heard of it, and I've often thought there should be... Does such a statute exist?

    40. Re:I would say by Anonymous Coward · · Score: 0

      on 11th September 2004 we went through UK airport security with a pair of metal blade scissors in hand luggage in a medical kit which another person behind us had confiscated from them

    41. Re:I would say by gihan_ripper · · Score: 1

      According to the Oxford English Dictionary, perjury is:

      The crime of wilfully uttering a false statement or testimony in reference to a matter material to the issue involved, while under an oath or affirmation to tell the truth, administered by a competent authority; the wilful utterance of false evidence while on oath.

      Bits of Freedom were not under oath, hence could not have committed the crime of perjury.

      Perhaps their false claim is in contravention of some law, but as I'm not a lawyer, I can't confirm or deny this.

      --
      Phoenix, Boston, Little Rock, see a pattern?
    42. Re:I would say by CmdrGravy · · Score: 1

      Yeah, it's a pain in the neck. It didn't used to take too long at all to get in and out of Birmingham Airport but I bet that thanks to those stupid reporters you will be stopped and annoyed every step of the way.

    43. Re:I would say by NetNifty · · Score: 1

      Heh no idea to be honest, but I'd guess that claiming something that isnt yours is against the law.

    44. Re:I would say by Anonymous Coward · · Score: 0

      This shows that the dutch are just lame cocksuckers anyway.

    45. Re:I would say by bbc · · Score: 1

      Since public domain works are of the public, anyone can claim they are theirs. Whether they are is a matter of interpretation. However, some countries, like Germany, let you get a new copyright even if you only alter the lay-out a little bit, so even if the fictitious mr. Drooglever cannot claim exclusive rights to published works by Multatuli, he could have been claiming rights to just this instance.

      (As a matter of fact, I believe all works are owned by the public, and only on loan to the author. But I seem to be alone in that interpretation of the reason behind copyright law, and it would dilute this argument.)

    46. Re:I would say by KillScriptKiddies · · Score: 2, Interesting

      I would say this is typical for the dutch.
      They sell everybody they can to save themselves, without any serious research, and certainly without thinking of the consequences.

      They have no idea of freedom of speech, privacy. Mainly because holland has no culture of professionals. About 40% leaves school at the age of 16 to 18, those that choose to study, choose for very low levels, and meaningless degrees.

      The people that choose for something higher, choose for economy and other vague and contradictive educations combined with economy, like hyped studies with an IT factor that's reduced to utter insignificance and a mockery.

      In many other countries youngsters pursue a professional life, not in holland. In holland they all want to be 'manager'.

      Without a professional attitude things get political, like in backstabbing political. They find every excuse to get rid non-dutch people, even when the non-dutch have a much better grasp of any work at hand.

    47. Re:I would say by Benno... · · Score: 1

      You are bitter and wrong, very very wrong. The Netherlands is nothing like you describe. Blaming the results of this 'research' on Dutch mentality and education levels is bullshit. It probably has more to do with overworked abuse desk then anything else.

    48. Re:I would say by doctorkb · · Score: 1

      That is, except in the United States themselves. :-)

      --
      -kb
  2. It shouldn't be that easy by erick99 · · Score: 5, Interesting

    I am amazed that an ISP wouldn't have some process in place to at least check the validity of a party making that request and check the validity of the copyright as well. It wouldn't take much to put such a process in place.

    --
    http://www.busyweather.com/
    1. Re:It shouldn't be that easy by Fulcrum+of+Evil · · Score: 2, Insightful

      I am amazed that an ISP wouldn't have some process in place to at least check the validity of a party making that request and check the validity of the copyright as well. It wouldn't take much to put such a process in place.,/p>

      Why? It isn't as if they lave any liability.

      --
      "We returned the General to El Salvador, or maybe Guatemala, it's difficult to tell from 10,000 feet"
    2. Re:It shouldn't be that easy by Rikus · · Score: 5, Insightful

      When you're too busy trying to avoid getting sued, you don't have time to check up on the minor details, like whether a claim is actually valid.

    3. Re:It shouldn't be that easy by anthony_dipierro · · Score: 4, Insightful

      Which is why if you don't want your content being taken down, you shouldn't use a free hosting provider. Then, if they take your content down without doing some basic fact checking, they have to worry about a lawsuit from you.

    4. Re:It shouldn't be that easy by spottedkangaroo · · Score: 5, Insightful
      It is really not up to the ISP to check the validity of anything. That is what court is for.

      What they should do is simply leave the site up and refuse to give out any personal details until they receive a court order compelling them to take an action.

      --
      Imagine if you weren't allowed to use roads because a bus company complained about your driving 3 times. --skunkpussy
    5. Re:It shouldn't be that easy by StateOfTheUnion · · Score: 4, Insightful
      They do . . .

      They wait for a complaint and then yank whatever was complained about off the server.

      This is the cheapest way to handle alledged copyright violations. The people paying to have their material hosted are not going to pay extra to have a group of lawyers check their own material for copyright violations. If the ISP can't get the customer to pay for a team of lawyers to handle complaints of copyright violations then what is an ISP to do?

      The problem isn't that the ISP knee-jerk responds to alledged copyright violations; the problem is that the legal system holds ISP's responsible for violations. the party held responsible should be the individual that placed copyrighted material on the internet.

    6. Re:It shouldn't be that easy by tropicflite · · Score: 3, Insightful

      I don't think this is so much a story about censorship as a comment on people willingness to follow instructions without questioning them.

      In a related story, did you know that you can get into any room of a hotel just by going to the front desk and telling them that you locked your key inside and giving them room number you want. No one's EVER asked me for ID for doing that.

      Most people just accept the information presented to them as being factual.

    7. Re:It shouldn't be that easy by Anonymous Coward · · Score: 0

      No, the ISP is not responsible for customer violations. They are only liable if they receive a copyright violation notice and don't remove the material.

      In this case, since the material was in the public domain, all the customer had to do was point this out to the ISP and the ISP by law has to reinstate it. Again, they are liable if they don't. It's not the ISP's job to evaluate anything.

      How many of you have actually read the law?? The role of the ISP is spelled out pretty well.

    8. Re:It shouldn't be that easy by Nacon74 · · Score: 5, Informative

      Most of the providers mentioned in the survey, aren't free, but paid hosting providers. Also the survey was trying to prove a flaw in the current system. Currently an ISP risk paying a huge fine under the European Guideline for Electronic Trade if they don`t remove copyrighted materials (if they can reasonably know it's copyrighted). Providers don`t risk a fine for pulling the plug on a website, so in most cases they will do just that. Seems like right now the burden of prove doesn`t rests with the copyrightholder, but with the person publishing the materials.

    9. Re:It shouldn't be that easy by RWerp · · Score: 2

      Why? It isn't as if they lave any liability.

      Can they afford to lose a client so easily?

      --
      "Long run is a misleading guide to current affairs. In the long run we are all dead." (John Maynard Keynes)
    10. Re:It shouldn't be that easy by RWerp · · Score: 1

      The problem isn't that the ISP knee-jerk responds to alledged copyright violations; the problem is that the legal system holds ISP's responsible for violations. the party held responsible should be the individual that placed copyrighted material on the internet.

      It can't be so. What if somebody posts child pornography on a free hosting site, anonymously? Should we free the ISP from all responsibility?

      --
      "Long run is a misleading guide to current affairs. In the long run we are all dead." (John Maynard Keynes)
    11. Re:It shouldn't be that easy by 1ucius · · Score: 3, Informative

      There is no way for an ISP to evaulate the claims. Fortunately, the copyright laws have a built-in safeguard. The site owner can get the website back up by simply sending an email stating that they have the right to post the content.

    12. Re:It shouldn't be that easy by anthony_dipierro · · Score: 2, Funny

      Currently an ISP risk paying a huge fine under the European Guideline for Electronic Trade if they don`t remove copyrighted materials (if they can reasonably know it's copyrighted).

      I see. You guys just need to pass a DMCA like we have here in the US.

    13. Re:It shouldn't be that easy by townmouse · · Score: 1

      The data don't confirm your speculation: 2 of the 3 free providers pulled the content, compared to 5 of the 7 paid ones.

      IANAL, but I wouldn't be surprised if an ISP has more liabilities to worry about if it accepts money for hosting illegal/disputed material. You could sue them in either case, but how much do you expect in damages?

      --
      Ask me if I've been required to disclose any crypto keys.
    14. Re:It shouldn't be that easy by Jim+Starx · · Score: 2, Interesting

      The diffrence is that child pornography is a legal matter, copyright violations are a civil matter.

      --
      The darkness... controls the music. The music... controls the soul.
    15. Re:It shouldn't be that easy by anthony_dipierro · · Score: 1

      Well, in any case apparently these were non-US hosting providers. I was assuming the ISPs had OCILLA protections, but they don't.

    16. Re:It shouldn't be that easy by RWerp · · Score: 1

      In a related story, did you know that you can get into any room of a hotel just by going to the front desk and telling them that you locked your key inside and giving them room number you want. No one's EVER asked me for ID for doing that.

      You need to be in a big enough hotel, so that the receptionist doesn't recognize he/she's dealing with a different person.

      Anyway, don't do it too often. It's a crime (identity theft).

      --
      "Long run is a misleading guide to current affairs. In the long run we are all dead." (John Maynard Keynes)
    17. Re:It shouldn't be that easy by RWerp · · Score: 1

      So, by cooperating with the site owner, the ISP makes itself a target of a civil suit. I agree that making IP violation a crime persecuted by the state is a problem, but this is a different problem.

      --
      "Long run is a misleading guide to current affairs. In the long run we are all dead." (John Maynard Keynes)
    18. Re:It shouldn't be that easy by Anonymous Coward · · Score: 1, Interesting

      Unfortunately it's the ISP who gets sued, and so even at best they have to get a lawyer to say it's not us they should be suing it's our customer, that costs more money than that customers business is worth, so they take down the site instead.

      It is worrying that the majority didn't even slightly check the complaints origin as I would imagine it's going to get more and more common as time goes by that petty online arguments will result in people sending annymous complaints to ISP's to try and get peoples websites shut down.

    19. Re:It shouldn't be that easy by iamnotacrook · · Score: 1

      and then get sued for obstruction of justice?? this is the real world.

    20. Re:It shouldn't be that easy by Jugalator · · Score: 1

      Obstruction?

      But they'd be willing to take them down if ruled to do so.

      Obstruction of my justice.
      Yes, I agree about that, though.

      --
      Beware: In C++, your friends can see your privates!
    21. Re:It shouldn't be that easy by mabhatter654 · · Score: 1
      But the ISPs roll over so easy because the laws limit their liability if they act quickly. It's a CYA manuver. most of the TOS allows them to do this so they can't be sued by the poster...the rapid takedown insulates them from civil suits. Much the same applies to kiddy porn. If they promptly take off the alleged content [without looking] they get themselves some reduced liability...that's the only way they're even able to host newsgroups anymore.


      The next step is for improperly taken down sites to sue the "alligators" directly...for liable or purgury...and have it stick. It's time to crack down on criminally abusive DMCA "takedown" letters, not duke it out with the ISPs.

    22. Re:It shouldn't be that easy by fucksl4shd0t · · Score: 3, Insightful

      I don't see how that's obstruction of justice. If the ISP requires you to follow due process, and you follow it, then there's no problem at all. You might be pissed they made you go through all that extra work only to have to do what you told them to, but you can't actually do anything about it.

      Naturally, I'm not a lawyer, but my understanding is that obstruction of justice is a criminal charge that can only be brought in a criminal case where you have actually tried to prevent the court or the representative of the court (the prosecutor, investigators, etc) from acquiring evidence that materially affects the case.

      The reason this doesn't apply in a civil suit is because a civil suit isn't about justice, it's about liability. Copyright is (was) a civil matter. Now copyright infringement is slowly being criminalized. I think it's because the war on drugs failed, so it's just another mechanism to make sure you can always put someone in jail for something.

      --
      Like what I said? You might like my music
    23. Re:It shouldn't be that easy by Fulcrum+of+Evil · · Score: 4, Interesting

      Can they afford to lose a client so easily?

      Let's see - $30/mo or a liability in the six figures. That's a tough call.

      --
      "We returned the General to El Salvador, or maybe Guatemala, it's difficult to tell from 10,000 feet"
    24. Re:It shouldn't be that easy by Jim+Starx · · Score: 2, Insightful

      The person responcible is the person who put the content on the site. Holding ISPs responcible for what their customers do is like holding the post office responcible if you get a mail bomb. You should hold accountable the person responcible, not the easiest target.

      --
      The darkness... controls the music. The music... controls the soul.
    25. Re:It shouldn't be that easy by jrockway · · Score: 1

      Have you ever been required to disclose your crypto keys?

      --
      My other car is first.
    26. Re:It shouldn't be that easy by jrockway · · Score: 1

      Uh, yes!

      Did the ISP abuse any children? No? Oh...

      --
      My other car is first.
    27. Re:It shouldn't be that easy by swillden · · Score: 1

      What they should do is simply leave the site up and refuse to give out any personal details until they receive a court order compelling them to take an action.

      But thanks to the DMCA this is exactly what they're *not* going to do. The DMCA's "safe harbor" provision makes the ISP completely exempt from any infringement litigation, but only if they take the material down as soon as they're notified. If they leave it up and the complaint turns out to be legit, then they're in a bad spot.

      This is one of the clever bits of the DMCA. On its face, this provision appears to safeguard ISPs. In practice, it forces them to assume a "guilty until proven innocent" policy with respect to possible copyright infringement.

      --
      Note to ACs: I usually delete AC replies without reading them. If you want to talk to me, log in.
    28. Re:It shouldn't be that easy by Anonymous Coward · · Score: 0

      That should be true, but under the DMCA, your hosting provider (free or paid) gets an exemption from any liability (both for the alleged copyright infringement and for disabling your web site) if they follow the DMCA's takedown procedures.

      From the text of the DMCA:
      "... a service provider shall not be liable to any person for any claim based on the service provider's good faith disabling of access to, or removal of, material or activity claimed to be infringing or based on facts or circumstances from which infringing activity is apparent, regardless of whether the material or activity is ultimately determined to be infringing."

    29. Re:It shouldn't be that easy by arekq · · Score: 1

      I agree that it is not the ISP's job to investigate the validity of an infringement claim. However, they should make reasonable attempts to protect their customers from fraudulent claims, which, at a minimum, means notifying the customer and give them reasonable time to respond. In this study, iFast giving out customer information is clearly unacceptable. I am a little curious about Yourhosting, though. The report says they did call the customer, I wonder if 'the customer' has denied the violation on the phone. If they did, then what Yourhosting did was unacceptable.

    30. Re:It shouldn't be that easy by iamnotacrook · · Score: 1

      you are ignoring a letter from a lawyer, an officer of the court. i dont see how much simpler it can be. now if a judge rules theres been a mistake then fine. but until then stay within the bounds of the law.

    31. Re:It shouldn't be that easy by iamnotacrook · · Score: 1

      there is no one persons justice, just societys justice. you have to get past that point. the law is about reasonableness for every citizen.

    32. Re:It shouldn't be that easy by Reziac · · Score: 2, Informative

      A couple years ago, Tripod nuked a lot of sites for no visible reason (mine and several friends' sites included). I finally figured out that their TOS-compliance-bot (aimed at getting rid of warez dumps) was taking down any site that included ANY file that was not directly linked from an HTML document. So if you had so much as an orphaned menu graphic, your site got removed for "TOS violations".

      Goes to show how silly automated takedowns can be, even when entirely internal to the host in question.

      [Stuff like this is why I only use Tripod as a last-ditch mirror, so to me it was more annoying than fatal -- tho I did whine at them until they fixed their damned bot and restored the affected sites.]

      --
      ~REZ~ #43301. Who'd fake being me anyway?
    33. Re:It shouldn't be that easy by Anonymous Coward · · Score: 1, Informative

      A lawyer is not an officer of the court. Member of bar != officer of court. A bailiff with no law degree, on the other hand, is an officer of the court, to show you how little that means.

    34. Re:It shouldn't be that easy by CodeBuster · · Score: 1

      The problem with this is that court is so expensive that the mere threat of lawsuit, however unlikely, is usually enough to get yourself taken down and banned. These companies are operating to turn a razor thin profit margin on advertising and controversy drives up legal costs and drives away advertisers. The web hosting company has nothing to gain from going to court so they simply boot the alleged offender as a nuisance to their advertising revenue model and move on. What did you expect? you got the hosting for free.

    35. Re:It shouldn't be that easy by Pofy · · Score: 4, Insightful

      >But thanks to the DMCA this is exactly what
      >they're *not* going to do.

      But thanks to reading the article, one realise it was in the Netherlands and that they will *not* care about the DMCA.

    36. Re:It shouldn't be that easy by mvdwege · · Score: 1

      But thanks to our 'friends' in the European Commision who sold us out to the entertainment cartel, the ISP will care about the European Union Copyright Directive, which basically is the DMCA (no wonder, since it was written specifically to please the entertainment industry).

      Mart
      --
      "I know I will be modded down for this": where's the option '-1, Asking for it'?
    37. Re:It shouldn't be that easy by mrjb · · Score: 1

      > even at best they have to get a lawyer to say it's not us they should be suing it's our customer, that costs more money than that customers business is worth

      Cost is not an issue. Actually when starting a business in Holland it is obligatory to have legal insurance, so the lawyer will be paid by the insurance company.

      --
      Visit http://ringbreak.dnd.utwente.nl/~mrjb/growingbettersoftware to download your free copy of the book
    38. Re:It shouldn't be that easy by Anonymous Coward · · Score: 0

      No, many of those ISP's forgo the "burden of proof" stage (either by the claimant, or by the accused) alltogether by just deleting everything named in the (fake) accusal.

      Why spend the time/money/energy in asking for some proof from the claimant, and than, if that proof looks like anything worthwhile, ask for counter-proof from the accused when you can forgo all that by just *ploink* --- delete everything.

      It's not that their customer, which work they just destroyed (mostly without a good reason), can *do* anything about it.

      And only a very, *very* few will go as far as to actually complain about it, let alone let it come to a court-trial.

    39. Re:It shouldn't be that easy by Pofy · · Score: 1

      Actually they will (or should) care about each individual countries law and implementation of the directive which can actually vary a lot and is not nessecarilly as bad as the DMCA. Some countries have gone much further than the directive requires though while they implemented it, but not all have done (or will do) so.

    40. Re:It shouldn't be that easy by legirons · · Score: 1

      "Let's see - $30/mo or a liability in the six figures. That's a tough call."

      Did anyone else read this, and go straight to the XS4ALL website-hosting page? If I can find a way of paying in Euros, my websites are definitely moving.

      Simple reason too. If I were ever unfortunate enough to be targeted by jokers with fraudulent takedown notices, an XS4ALL hosting would give my website a big advantage over "normal" hosting companies (yes including rackspace, if I remember the indymedia story correctly)

      As to the $30/month thing, the cost of a website needs to include consideration of what it would cost you if the website were to fail (either though legal problem, technical problem, or natural disaster), so being able to mostly-eliminate one of those risks sounds like a pretty good proposition to me.

    41. Re:It shouldn't be that easy by bbc · · Score: 3, Interesting

      " The problem with this is that court is so expensive that the mere threat of lawsuit, however unlikely, is usually enough to get yourself taken down and banned."

      In the USA.

      There's a reason why the European branch of the RIAA is settling their lawsuits against consumers for way less than 2000 dollars; if they asked that much, the accused might as well take it to court, and at least have a chance of winning. (And, IIRC, some are indeed waiting for the court case. Which will presumably never happen, in case European judges would declare file-sharing legal, like a Canadian judge did.)

    42. Re:It shouldn't be that easy by bbc · · Score: 2, Informative

      There are no such (or other) formalities involved with starting a business in the Netherlands.

      In some cases, you have to register for VAT, in some cases you have to register with the local Chamber of Commerce, but there are many cases in which you have to do none of these things. The Chamber of Commerce and tax office can even deny your registration, which can be quite frustrating, because some customers expect you to be registered for both.

    43. Re:It shouldn't be that easy by anthony_dipierro · · Score: 1

      These were European companies, so the DMCA doesn't apply.

    44. Re:It shouldn't be that easy by stinerman · · Score: 1

      Indeed.

      I once locked my keys in my car. I called up a company who dispached someone to help me out. She never asked for any ID...just up and unlocked it for me after I paid a modest fee.

    45. Re:It shouldn't be that easy by jovlinger · · Score: 1

      The saddest bit about the EU is that we have the benefit of seeing what a disaster US legislation is, and still fall over ourselves copying it.

      Truly tragic.

  3. Censorship, or just cautious commercial entities? by Osrin · · Score: 4, Insightful

    I can either invest in lawyers to investigate every claim, or drop a few customers with an "ask no questions" policy.

    Which is easier for the smaller ISP to administer and live by?

    I'm not saying it's right, we're just in an odd climate around digital rights at the moment.

  4. Cease and um....stop...or something... by sgant · · Score: 5, Funny

    Dear Slashdot,

    My great great grandfather had a newspaper in Lizard Lick, NC back at the turn of the century. I was called "The Lizard Lick Slash/Dot".

    Please remove your site from the internet as it's in violation of copyright.

    As you may know, the Slash/Dot moved it's headquarters from Lizard Lick to Bugfart, Iowa back in the 40's, just after the war. It's publisher, Mavis Leetdudzki also was the town buggerer and notary public.

    Thanks.

    --

    "Leo Fender was in a 'state of grace' when he designed the Stratocaster." -- Paul Reed Smith
    1. Re:Cease and um....stop...or something... by Anonymous Coward · · Score: 0

      Lol, this was a joke...how is this a troll?

      AND it was on topic!

      Mod parent up!

    2. Re:Cease and um....stop...or something... by cbraga · · Score: 4, Funny

      Turn of the century?

      You mean, four years ago?

      How old were your grand-grandfather, grandfather and father when they had children? I'm guessing they were minus eighteen years old.

    3. Re:Cease and um....stop...or something... by Anonymous Coward · · Score: 0

      Please remove your site from the internet as it's in violation of copyright.

      surely you mean 'internets' ...

    4. Re:Cease and um....stop...or something... by Anonymous Coward · · Score: 2, Funny

      Three years ago.

      Sincerely, Pedant.

    5. Re:Cease and um....stop...or something... by Anonymous Coward · · Score: 0
      Ahaha - that's funny!

      Sincerely, Easily amused drunk guy.

    6. Re:Cease and um....stop...or something... by Jah-Wren+Ryel · · Score: 1

      How old were your grand-grandfather, grandfather and father when they had children? I'm guessing they were minus eighteen years old.

      Do not bother us with details.
      This is the DMCA dammit!

      --
      When information is power, privacy is freedom.
    7. Re:Cease and um....stop...or something... by Anonymous Coward · · Score: 0

      Please remove your site from the internet as it's in violation of copyright.

      trademark. You can't copyright a name.

      (yes, I know.)

  5. Re:Censorship, or just cautious commercial entitie by erick99 · · Score: 5, Insightful

    Put a simple process in place. When someone makes a copyright claim send them an email asking for written proof of who they are and evidence that they do have a legitimate copyright ownership. The party making the request should do all of the work, the burden is on them. They would then have to mail all of this, by certified mail, to the ISP. If the party making the request does all of this properly than a takedown decision can be made. A legitimate party with a legitimate claim should have no problem complying with such a request/process.

    --
    http://www.busyweather.com/
  6. iFast breaks all EU Data Protection Laws by hattig · · Score: 2, Interesting

    Maybe this group should forward their findings onto the relevant data protection agency in the Netherlands ... it would be interesting to see what happened.

    (answer: nothing, these agencies exist to suck money and do nothing)

    1. Re:iFast breaks all EU Data Protection Laws by ballyhoo · · Score: 1

      (answer: nothing, these agencies exist to suck money and do nothing)

      That depends on which country you're in. In Ireland, this sort of thing would be taken pretty seriously - the DP agency there has teeth and is not afraid to use them.

      iFast should be nailed for this sort of thing, though. It's illegal, subjectively unethical and is wide open to serious abuse.

    2. Re:iFast breaks all EU Data Protection Laws by Anonymous Coward · · Score: 0

      Maybe this group should forward their findings onto the relevant data protection agency in the Netherlands ... it would be interesting to see what happened.
      (answer: nothing, these agencies exist to suck money and do nothing)

      The data protection agency in the Netherlands has been very busy trying to stop european mandatory "telecommunication traffic data retention", it also ensured the dutch RIAA alike knew it could never share with its overseas counterparts information of people it suspected of trading files online to which it asumes its members own the copyrights. It critisized the sending of passenger data to the US and the ease with which the decision to do so was made from the beginning. Finaly after some initial mixup in which a guy less qualified then a paperclip got the job it provided the new head of the european data protection agency becouse people realised that having someone who has experiance would not be a bad idea after all ....

      All this while sucking very, very little money (public or otherwise). Unlike other goverment scooped together groups like the "discrimination contactpoint" (which discriminates(dutch)).

      Their site mentions the cybercrime treaty, many police and court record systems, patient records, TTP`s, bosses snooping on employees, customer data on the internet, biometrics, the selling of unlisted phonenumbers to direct marketeers and even more. but since I only rember a succes in the cases I mentioned (and the unlisted number one) I sugest you try to find out how much succes they had in the other cases yourself.

    3. Re:iFast breaks all EU Data Protection Laws by Anonymous Coward · · Score: 0

      For those wondering about that quote of the "discrimination contactpoint", the site linked above seems to mention a case where the (muslim) owner of a website launched a complaint against unknowns posting on his website that "all muslims/jews should just drop dead" and "that people should be gassed". I'm not sure where they are discriminating by going after these folks. (apart from freedom of speech)

  7. Now that's interesting by mcc · · Score: 4, Interesting

    The company that came out the worst was iFast, who forwarded all the personal details of the site owner to the sender of the fake takedown notice without even being asked to do so."

    I can't help but wonder, is this consistent with iFast's user privacy policy? I can't tell, I don't speak Dutch...

    1. Re:Now that's interesting by Celt · · Score: 1

      Interesting alright, if any company did this in Ireland they'd be a nice court case to be had :)

      --
      "WebTV: bringing the Internet into the shallow end of the gene pool since 1995" - Martin Bishop
    2. Re:Now that's interesting by Anonymous Coward · · Score: 0

      I don't know about iFast's privacy policy but it is definitely against Dutch law to release all the personal details of the custumer to a third party without that custumer's consent.

    3. Re:Now that's interesting by dogfull · · Score: 1

      It's worse. iFast doesn't have a user privacy policy

    4. Re:Now that's interesting by Henk+Poley · · Score: 1

      It's worse. iFast doesn't have a user privacy policy

      Hmm, I can't seem to find it either on the site.

    5. Re:Now that's interesting by Anonymous+Chicken · · Score: 5, Informative
      I can't help but wonder, is this consistent with iFast's user privacy policy? I can't tell, I don't speak Dutch...
      I am, unfortunately they have more items explaining when they can stop providing services due to some 'legal' issue than due to not paying. Below is a summary of what I found to be relevant. Mind you, it's a loose translation of their general conditions. Saying they'll cut you off if:
      • you distribute information that's in conflict with (inter)national laws
      • you distribute information that's in conflict with general accepted values
      • you distribute information that's discriminating (in any way), including (?) adultpages/MP3/warez/video
      Disallowed:
      • no chatrooms, no irc or irc bots
      • their servers may not be the source/mediator for spam, flames or mailbombs
      • no form of destabilizing their servers is allowed, including any other type of abuse
      "IFast is allowed to decide which kind of actions are in violations of these condition."

      As is said somewhere else, they don't have a privacy statement, at least not on their frontpage. In my opinion the last remark says it all, it is their decision wether something might be illegal or in violation.
      Anyway, they seem to be a small and possibly quite new company, probably not able to handle a big case of copyright problems. Not that it's a valid defense but probably the truth anyway.

      Disclaimer: I'm an XS4ALL customer, and happy with them: expensive but quality :)
      --
      This signature is intentionally left blank.
    6. Re:Now that's interesting by cyberon22 · · Score: 1

      Looks like they pulled a fast one.

    7. Re:Now that's interesting by Anonymous Coward · · Score: 0

      That doesn't matter, it is handled by dutch and european laws.

    8. Re:Now that's interesting by Sique · · Score: 1

      Why worse? Then it's just the law. And following the law they shouldn't have handed out ANY details of their customers.

      With data protection laws in place you don't necessarily need a privacy policy.

      --
      .sig: Sique *sigh*
    9. Re:Now that's interesting by Anonymous Coward · · Score: 0

      you distribute information that's discriminating (in any way), including (?) adultpages/MP3/warez/video

      So video, any video, is discriminating now eh? Hah.

    10. Re:Now that's interesting by DavidTC · · Score: 1

      And a specific audio format. Interesting.

      --
      If corporations are people, aren't stockholders guilty of slavery?
    11. Re:Now that's interesting by Anonymous Coward · · Score: 0

      Apparently this ISP is run by a 16-year old. He probably panicked. It is unfair to compare this with the likes of Tiscali, UPC, XS4all etc.

    12. Re:Now that's interesting by bbc · · Score: 1

      "Apparently this ISP is run by a 16-year old. He probably panicked. It is unfair to compare this with the likes of Tiscali, UPC, XS4all etc."

      Ah, so businesses ran by 16-year olds can get away with anything? Good to know--it will give the meaning of "child labour at Nike" a whole different meaning when they appoint their first 16-year old CEO.

    13. Re:Now that's interesting by KillScriptKiddies · · Score: 1

      I can't help but wonder, is this consistent with iFast's user privacy policy? I can't tell, I don't speak Dutch...
      I haven't checked for these but...
      There used to be a few ISPs that had questionable statements in their agreements like "information can be given to third parties".
      I can't remember the fine details but it was a bit of an issue. This happened about four years ago.

  8. Re:Censorship, or just cautious commercial entitie by anthony_dipierro · · Score: 2, Informative

    I can either invest in lawyers to investigate every claim, or drop a few customers with an "ask no questions" policy.

    Which is easier for the smaller ISP to administer and live by?

    By far the easiest method would be to autoreply with the address where DMCA takedown notices are accepted, mentioning that they must include a statement of accuracy made under penalty of perjury.

  9. Such a helpful company by Celt · · Score: 5, Funny

    I think everybody missed the real test here,
    the test is which company is the most helpfull to people sending notices to sites and its obvious that iFast is the most helpful,

    Now all I have to do is tell ALL my friends to go with them, iFast will like all the extra business its the least I can do for such a helpful company...

    --
    "WebTV: bringing the Internet into the shallow end of the gene pool since 1995" - Martin Bishop
    1. Re:Such a helpful company by Rikus · · Score: 1

      There's a difference between being helpful/responsive and downright irresponsible.
      When I communicate with an ISP or other service provider regarding one of their customers, I expect them to fully investigate the matter, take whatever action is necessary, and send me a reply within a week or two. I'm sure they're quite busy handling all sorts of emails, and the fastest responder isn't necessarily the one who's doing the best job.

    2. Re:Such a helpful company by Celt · · Score: 1

      Ok two things,
      I' not going to bothering replying and explaining my first post

      Oh wait I've replied..., ok one thing I'm now going to waste my time explaining my first post
      sigh..

      --
      "WebTV: bringing the Internet into the shallow end of the gene pool since 1995" - Martin Bishop
  10. Cowards by Space_Soldier · · Score: 4, Insightful

    This is very bad news. This means that ISPs are so afraid of litigation that they are willing to remove material at the first threat of copyright violations without cheking whether or not the material is copyrighted. Basically, they are willing to be bullied by any entity that claims copyright.

    1. Re:Cowards by digitalsushi · · Score: 1

      if you knew what a shoestring budget some of us isps run off of, you'd do it too. you're basically a litigation focal point, what with half of your customers always trying some illegal way to make an extra buck, or save a buck. if me and my boss run an isp and break even and never have enough time, we're going to fail when we have to go to court, even if we win.

      --
      slashdot: where everyone yells sarcastic metaphors to themselves to understand the issue
    2. Re:Cowards by drinkypoo · · Score: 1

      By bending over whenever someone sends a C&D letter to you, you set a bad precedent which will not only hurt you in the long run, but all ISPs. I sympathize with your never having enough time and money, but you should realize that it's self-destructive behavior to do anything you're told. I understand doing anything the government tells you, it's hard to run a business otherwise, but if Asshole & Asshole, Attorneys at Law send you a letter like that, you owe it to your customers to at least find out if it's a reasonable request.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    3. Re:Cowards by Anonymous Coward · · Score: 0

      This is very bad news.

      This is great news for us. I cannot wait to tell the board about this one at our next meeting.

      - Jack V.

    4. Re:Cowards by Anonymous Coward · · Score: 0

      If you're on a shoestring budget, then there's not much for you to lose if you get sued.

    5. Re:Cowards by Anonymous Coward · · Score: 2, Insightful

      This is not just a problem with regards to copyright. Any widely disliked group of people will have a very hard time finding someone who is willing to host their (legitimate) services. Some years ago, boychat.org (a forum for pedophiles) was chased from ISP to ISP because "child advocates" called in with death threats to the ISP owners. Today they have stable hosting, but pay dearly for it too. There is nothing illegal or morally questionable with this site, it's just a bunch of people trying to help each other through life in a prejudiced and hateful society. At the time, it was a chilling experience to see how effectively a site could be taken down. So this story does not surprise me.

      (As another display of the same kind of censoring, watch as my comment hits -1.)

    6. Re:Cowards by Anonymous Coward · · Score: 0

      A good way to fight this is to cover the ISPs with these notices. Taking thousands of pages down a day will dilute the real violations, and by pissing off enough clients, they will be forced to do their homework first.

    7. Re:Cowards by Anonymous Coward · · Score: 0

      Wow, thanks for explaining that to me! I'd have never worked that out!
      +4 insightful!

  11. Re:Censorship, or just cautious commercial entitie by lymond01 · · Score: 0, Flamebait
    I can either invest in lawyers to investigate every claim, or drop a few customers with an "ask no questions" policy.

    Oh, pssht. At least try a unique idea. That was ripped right from the annals (anus) of Guantanamo Bay.

  12. Well, you're exactly right by mcc · · Score: 4, Insightful

    And this is exactly why law which holds service carriers such as ISP responsible for the actions of their owners is both invalid and dangerous. ISPs can't and shouldn't be expected to police their customers, and laws or copyright treaties such as the DMCA which place them into the position of having to do so must be changed...

    1. Re:Well, you're exactly right by Rikus · · Score: 1

      ISPs can't and shouldn't be expected to police their customers,

      I agreed with you until this point... Although holding ISP's legally responsible for their customer's actions is taking things way too far, there still needs to be some way to actually deal with abusive customers. I'm not talking specifically about copyright violators (that varies from person to person), but if the customer is in violation of the ISP's AUP, they should be taken care of by the provider. It's quite likely that illegally distributing copyrighted material violates most ISPs' acceptable use policies.

    2. Re:Well, you're exactly right by Anonymous Coward · · Score: 2, Insightful

      Putting aside circular or specific contractual language involving enforcement...

      If the customer is in violation of the ISP's AUP, that is a contract between the customer and ISP only. It should not be used as leverage by the government to go after the ISP. Ever.

      It is up to the ISP to decide if they want to enforce their agreement/contract. Not yours, mine, or the government.

      If the customer is doing something wrong, there is absolutely nothing stopping the copyright holder from going after the customer. They can subpoena the ISP as a witness or to gather records if avaialble, just like any other meatspace case.

      I do not see any special reason why ISPs are held to a different standard here.

      btw, this is not some unique internet issue; landlord and tenant laws have similar issues that seem to have been resolved well. You don't go after a landlord because the tenant downloaded an illegal copy of Doom4 while they were renting, nor do you expect the landlord to have to report this or kick out the tenant.

    3. Re:Well, you're exactly right by anthony_dipierro · · Score: 1

      iSPs can't and shouldn't be expected to police their customers, and laws or copyright treaties such as the DMCA which place them into the position of having to do so must be changed...

      Actually, the whole point of this study is that it's worse in countries without the DMCA.

      Compared with these Safe Harbour provisions, the European legislation leaves plenty of room for doubt and misguided judgement by providers. There are no criteria to validate complaints and counter notices and there are no arrangements for the hand-over of customer data, besides general privacy principles that do allow voluntary hand-over. More-over there is no obligation in Europe to inform the customer and there are no legal guarantees to protect the freedom of speech.
  13. Re:Censorship, or just cautious commercial entitie by Anonymous Coward · · Score: 0

    If you take down my material that is legally posted and I am a paying customer with a contract, you damn well better expect a call from my legal staff or be prepared to offer up a significant refund.

  14. Considering the heat of things by aLe-ph-1(sh) · · Score: 1, Informative

    currently going on in europe, I am really not suprised by the actions taken by the providers. We are currently in a rather scarey time for people that host, and people that serve. For the big companies, especially in europe right now, what with the crackdowns that have been reported numerous times. And just how much time and expense can be put into checking facts. I do think it's abhorable that this can happen, but I also have to feel understanding to the providers. I have been doing a lot of reading lately on these subjects, the one thing that repeatedly comes to mind is an article written by Tim O'rielly, here This is a well informed intelligent article on all sorts of distribution, and also covers lengths of copyright, and others...

    --
    sig!wind down the juuice, let the tubes roar with the glow of alternative powers, not they that be." me, today...
  15. Re:Censorship, or just cautious commercial entitie by Anonymous Coward · · Score: 2, Insightful

    I can either invest in lawyers to investigate every claim, or drop a few customers with an "ask no questions" policy. Which is easier for the smaller ISP to administer and live by? I'm not saying it's right, we're just in an odd climate around digital rights at the moment.

    Damn straight. I hope people understand enought to only place part of the blame on the ISPs here. The primary people to blame are those who are behind the insane copyright laws that have caused ISPs to legitimately fear massive fines, prolonged lawsuits, and even jail time for copyright violations.

    The balance is tipped way too far on the side of copyright holders. Fair use has flown out the window, copyright is essentially limitless now, and appropriate penalties for these "crimes" have long since abandoned in favor of draconian measures designed to totally cripple anyone who steps out of line.

    Yes it's unfortunate that more ISPs didn't do some basic investigation into the matter, but when you risk having your entire business shut down in the blink of an eye if you make a mistake in your research, what can you expect? For all they know a recent court ruling might have allowed a publisher to get the work back under copyright. With the way things are going these days, it's not that far fetched.

  16. old news.. by praseodym · · Score: 0, Troll

    An interview with these people was on dutch radio last Tuesday.

    1. Re:old news.. by ggy · · Score: 1

      Yes, but not everyone here listents to dutch radion. However, everyone who reads this evidently reads ./. All news is old somewhere, so don't give the editors crap now. Do it if they post it again here!

  17. I'm not surprised . . . becuase we prosecute ISP's by StateOfTheUnion · · Score: 5, Insightful
    I'm not surprised . . .ISP's have to protect themselves because they are being subject to subpoenas, injunctions, lawsuits for what they host . . . I think this is the root cause of the problem.

    For example, if the public library was responsible and liable for all material that was copied on it's self service photocopy machine, then most libraries would probably ban use of the copier or manage and log its use very closely and be willing to share this information with anyone that threatens to sue the library. This would be done to protect the legally liable library. The library would be attempting to shield itself from liability by cooperating with those that were alledgedly infringed and by pointing the finger at the person that actually made the copies. Of course libraries are not liable, the person that uses the copier is liable. This is why photocopy machines are normally self service. This prevents the library from being legally liable.

    Unfortunately the same doesn't seem to be true for ISP's. ISP's can be legally liable if they don't provide information about an alleged copyright violator or if they don't remove the allegedly copyrighted material from their servers in a timely fashion. It is unfortunate that even though the ISP may not knowingly endorse infringement or actively participate in the infringement, they could still be held liable (or at least named as an infringing party in an expensive lawsuit).

    Unfortunately ISP's have not been afforded legal protection similar to that granted to libraries with respect to photocopiers. It is the system that attempts to hold ISP's liable that is the problem. ISP's are merely reacting to this and trying to protect themselves.

  18. mirror by Anonymous Coward · · Score: 0

    you can download the report from my archive here:
    http://theprecipice.org/gallery/misc/researchpaper SANE.pdf

    1. Re:mirror by ggy · · Score: 1

      Please, someone, mail a legal document to this guy's ISP about his copyright infringement and see if they take it down! (I'd do it, but I'm too tired to write legal stuff.)

  19. So much for innocent into proven guilty. by Maestro4k · · Score: 5, Insightful
    This is just sad, ISPs are probably overwhelmed with takedown notices but failing to even check the page in question before disconnecting a customer is a bad move. Why? No matter how restrictive the TOS for an ISP may be, shutting down a customer's site without checking the validity of the complaint, or even the validity of rhe complainer (i.e. is this a real company/person/rights holder) is likely to leave them wide open to a breach of contract lawsuit. While the courts have their problems, I doubt a court would look kindly to this type of action in light of a contract for service. If this happened to a business it could really be bad for the ISP.

    Tie this in with the RIAA/MPAA's apparent automatic search and send bots (that are programmed moronically to boot, a 30kb file's supposedly a movie?) and you also get the potential to take down large chunks of the web illegally. Just wait till the lowlifes out there start doing DoS's using bogus takedown letters instead of packets. Things will probably get mighty ugly.

    1. Re:So much for innocent into proven guilty. by Thing+1 · · Score: 1
      Just wait till the lowlifes out there start doing DoS's using bogus takedown letters instead of packets.

      Lowlifes? How about, "s/the lowlifes out there/we/"?

      Seriously, the law is broken. It is part of living in a free society that we make the authorities aware of broken laws. What better way to do that than (well, telling them should be the best way but they only respond to mobs, it seems) DoSing a ton of content which isn't really violating copyright?

      In fact, make it even better: claim to own the copyright on George Bush's and John Kerry's sites, and see what their providers do.

      I really like this idea; it's civil disobedience, and if you have legal counsel you'll likely "get away with it".

      Things will get ugly; that's the point. Show them how ugly the world would be when this law is in effect, and hopefully they'll realize that the law is the problem, not the solution. (But then I'm an optimist...)

      --
      I feel fantastic, and I'm still alive.
    2. Re:So much for innocent into proven guilty. by tepples · · Score: 1

      Tie this in with the RIAA/MPAA's apparent automatic search and send bots (that are programmed moronically to boot, a 30kb file's supposedly a movie?)

      Movie scripts are copyrighted too.

    3. Re:So much for innocent into proven guilty. by Maestro4k · · Score: 1
      • Movie scripts are copyrighted too.
      Yes but all the takedown letters that have shown up (I'm sure there are plenty of errorenous ones we don't hear about) claimed the site was hosting the movie, not the movie's script.
  20. Erroring on the side of safety by LostCluster · · Score: 5, Insightful

    The current setup of copyright laws establishes that there's a steep penalty for not taking down a copyrighted work, but no penalty at all for wrongly taking down public domain work... No wonder the businesses involved reach for the trigger instead of stopping to think. Delaying when it's valid exposes them to risk, tripping over a false positive does not.

    1. Re:Erroring on the side of safety by mabhatter654 · · Score: 2, Interesting
      But the penalty should be to the person/company sending the takedown letter, not the ISP.

      Supposedly, they have to attest, under oath, that the letter they send is factual...I think if it becomes too big a problem that ISP's will get the courts involved FOR their customers when the time is right.

      Right now, they all know too many people are trying to get away with posting stuff they shouldn't ...they consider themselves "lucky" to "only" get noticed for takedown and not told to "police" their servers for "illegal" content. When things settle down that will change...

  21. bad... by mirko · · Score: 0, Redundant

    It would have been nice if one of ther providfers had asked for some accurate details concerning the involved work...
    But no : they just agreed that if somebody contested its presence, it had to be unlegitimate...

    --
    Trolling using another account since 2005.
  22. Sadly, had to request a takedown once by MaineCoon · · Score: 4, Interesting

    I had some source code to a game I was working on, and had licensed the code to a friend (it was for a MUD, and I had years of work invested). After an altercation, he violated the agreement we had and decided to release his copy to the world to spite me. Fortunately the code was several years old from my current work, but UNfortunately what he released contained player files with plain text passwords, and some of the players had played on both of the games with the same password.

    Within 20 minutes of his posting it, I politely asked the ISP to take it down (was about midnight), and they had it taken down by morning. Someone obviously got hold of it and hacked a few of our players' accounts, but the source+assets itself never resurfaced.

    --
    Hunt your preferred prey at Aliens vs Predator MUD. Join the war at avpmud.com port 4000
    1. Re:Sadly, had to request a takedown once by Mitchell+Mebane · · Score: 1

      Did you prove to the ISP you were the copyright holder?

      --

      The roots of education are bitter, but the fruit is sweet.
      --Aristotle
    2. Re:Sadly, had to request a takedown once by MaineCoon · · Score: 1

      They never asked me to (and it would have been difficult to actually prove it, since it wasn't exactly a published work; no product of the project was available to the public, not even a binary), but they could have looked at the code and saw my copyright notices intact.

      --
      Hunt your preferred prey at Aliens vs Predator MUD. Join the war at avpmud.com port 4000
  23. Good, but hardly original! by killthebunny · · Score: 3, Informative

    An almost identical study was published by Christian Ahlert of the Oxford Internet Institute, and featured on /. http://yro.slashdot.org/article.pl?sid=04/06/10/17 50232&mode=thread&tid=153&tid=99 See his website for more details http://www.ahlert.org It's good to see that the authors of this article at least provide a reference to his work, but I think this slashdot thread should have mentioned the study that started it all!

  24. So all they proved... by aredubya74 · · Score: 1

    ...is that the guys who run several web hosting places are overworked, besieged by takedown notices, or dumb (or most likely, a combination of all three). Hell, I could've told you that, and I didn't try to do a study.

    The hosting sweet spot is selling power/pipe/ping, not managed services. Managed services always cost more than expected when paired with a reasonable SLA. As such, most hosters just take in whoever seems capable of paying, content be damned. When they get a takedown notice, they shut the port or server instance (whichever is easier i.e. whichever they know how to do quickly) and deal with the consequences later.

    --

    RW

  25. it's the law by fuck_this_shit · · Score: 0, Offtopic

    The DMCA requires an ISP to take action if a report is adequately filed. A counterclaim can be filed to prevent an ISP from removing content. Blame the law, not some companies who have to follow it.

    1. Re:it's the law by Anonymous Coward · · Score: 0

      DMCA doesn't apply in the Netherlands. Tard.

    2. Re:it's the law by Anonymous Coward · · Score: 0

      Exactly! It's not the job of an ISP to police its customers or try to decide whether a claim is legitimate or not. That's a very complicated question best left to the courts.

      Whatever your opinion about copyrights, the DMCA does a pretty good job about protecting ISP's from liability as long as they follow the rules of the law. When they get a complaint, they remove the material as soon as possible. It is then up to the customer to make a counter-claim which, once made, the ISP is supposed to reinstate the account/material and let the customer and alleged copyright holder fight it out. The ISP is just the middleman following the takedown/put back rules of the game. Not perfect, but it works pretty well. To ask the ISP's to do anything else would be costly and expose them to more liability for incorrect decisions. Again, blame the law if you don't like it but the ISP's are following the rules.

    3. Re:it's the law by 91degrees · · Score: 1

      Exactly! It's not the job of an ISP to police its customers or try to decide whether a claim is legitimate or not. That's a very complicated question best left to the courts.

      Well, to an extent. There's a certain amount of common sense, outside of the grey areas though. This is something that other bodies have pointed to as a flaw in the DMCA.

      There are some works which are clearly under copyright, and it is quite unlikely that the website owner had permission to use them. For example, mp3s of top 10 songs, and recent full length movies.

      There are some workswhich are clearly not under copyright, particularly well known public domain works. Under the DMCA, an ISP is under no obligation to remove these, but it is still usually safer to do so.

      Then there are works of disputed ownership. If I create something, and put it on my site, then someone else can claim ownership. Under the DMCA, if they do not take immediate action to remove it, they would be liable for copyright infringement if it turns out that the work was infringing. Few ISPs are likely to be willing to take that risk.

  26. Re:Censorship, or just cautious commercial entitie by Anonymous Coward · · Score: 1

    If you take down my material that is legally posted and I am a paying customer with a contract, you damn well better expect a call from my legal staff or be prepared to offer up a significant refund.

    Your what??? Your legal staff???. Oh, that's a riot. You have a frickin legal staff and you're hosting with one of these low-end budget companies, huh? And instead of just moving to a high-end hosting provider where you won't get dropped with no warning, you're going to have an entire legal staff sue one of these rinky dink companies. Sure, that makes economic sense.

    Listen, the problem here is that it's the little guy who are getting walked all over because they have no way to defend themselves against billion-dollar copyright holders with big guns and unfair laws to back them. Things like this are designed to keep the little people down, not other big people (i.e. people who really do have a staff of lawyers, c.f. your fantasy staff that shares an office with your unicorn).

  27. Texan-style! by dougmc · · Score: 4, Insightful
    It only takes a Hotmail account to bring a website down, and freedom of speech stands no chance in front of the Texan-style private ISP justice.
    Living in Texas, I'm not sure what constitutes `Texan-style private ISP justice'. Perhaps Sjoera Nas could explain?

    Certainly, ISPs here have been known to overreact to complaints before (and the DMCA gives them specific guidelines that they *must* follow, no matte how unfounded the complaint is) but last I checked, this wasn't specific to Texas. But perhaps these Europeans know something about Texas that I do not ...

    1. Re:Texan-style! by Maestro4k · · Score: 2, Funny
      • Living in Texas, I'm not sure what constitutes `Texan-style private ISP justice'. Perhaps Sjoera Nas could explain?
      Isn't that where the ISP comes to your house to shoot you when they receive a DMCA take-down notice? :) "Oh, you meant ths site, not the customer, oops..."
    2. Re:Texan-style! by mallardtheduck · · Score: 2, Insightful

      I think most of us europeans have realised that your president is texan and therefore every new law under his term in office must be texan-style... Not neccissarily correct, but thats how some of my fellow europeans seem to think.

    3. Re:Texan-style! by ZackSchil · · Score: 1, Funny

      I'd say it would be a shot at Bush for his preemptive strike on Iraq based on faulty intelligence.

    4. Re:Texan-style! by chgros · · Score: 3, Interesting

      Living in Texas, I'm not sure what constitutes `Texan-style private ISP justice'.
      It probably means "hang first, ask questions later", as in cheesy western movies.

    5. Re:Texan-style! by Anonymous Coward · · Score: 0

      Hey, you can ask why but modding down a guess you don't like seems kinda odd.

    6. Re:Texan-style! by greg_barton · · Score: 1

      Living in Texas, I'm not sure what constitutes `Texan-style private ISP justice'.
      I think this could be called "Texan -style justice."

    7. Re:Texan-style! by dougmc · · Score: 1
      Hey, you can ask why but modding down a guess you don't like seems kinda odd.
      Huh? Are you talking to me? I don't have any mod points right now, and even if I did, /. wouldn't let me moderate in a discussion that I'm part of ...

      As for ZackSchil's comment, the parent of yours, I suspect that he may be right, even though he was modded down as a troll by one person (but if you think it was me, you're wrong.)

    8. Re:Texan-style! by C_Kode · · Score: 1

      That is sterotypical. Any sterotipical *assumption* is stupid as you are taking ideas, not facts into account. (thats what sterotyping is) I'm a Texan, and I don't like Bush (either of them) The last two elections have been garbage to choose from. I do think Bush has awoken from his *trance* that those who brought him to power put him under. (Rumsfeld, Wolfowitz, and their clan) but Bush is still unintelligent. Please god suround him with intelligent people. I don't trust Kerry at all. He just wants to make you afraid, and point at whos the blame. All his ideas include impossibilities. They cost to much money, or have to many contradictions.

      For those US haters. American is in it's downfall if something doens't change. But I love this country. The reasoning behind it is how *life* should be. Make your own life. Do not allow others to dictate it.

      I just want whatever one else wants. To be happy.

    9. Re:Texan-style! by C_Kode · · Score: 1

      I just want whatever one else wants. To be happy.

      Wow, I think alcohol had something to do with that F'ed up statement. ;)

      I just want what everyone else wants. To be happy.

    10. Re:Texan-style! by Anonymous Coward · · Score: 0

      Well, obviously. You can't post in and moderate the same discussion. I guess I should have been clearer in my wording and pronouns. Now that you mention that it's unclear, I see I'm missing a few commas as well.

    11. Re:Texan-style! by IdleTime · · Score: 1

      C_Kode wrote "For those US haters. American is in it's downfall if something doens't change. But I love this country. The reasoning behind it is how *life* should be. Make your own life. Do not allow others to dictate it."

      I do have a problem with your last 2 sentences: "make your own life." and "Do not allow others to dictate it." That is exactly what we do here in the US fo towards other countries.

      --
      If you mod me down, I *will* introduce you to my sister!
    12. Re:Texan-style! by Anonymous Coward · · Score: 0

      You are so right about the faulty intelligence. With John Kerry being on the Intelligence Committee for 20 years, he really let us down. He had the responsibility to make sure the US Intelligence agencies were working and he really blew it.

    13. Re:Texan-style! by Anonymous Coward · · Score: 0

      No that's not "Texan-style" justice. If it was the persons possessing the fake drugs would have been shot.

      It is more along the lines of "prosecutors-and-courts-who-believe-anything-the-p olice-say-because-they-have-no-reason-to-lie-about -anything justice" or "cops-who-are-too-damn-stupid-to-be-able-to-tell-p owdered-chalk-and-cocaine-apart justice."

  28. Sounds like a good idea... by thewiz · · Score: 1

    To do something like this at random intervals to see just what ISPs will do when faced with someone claiming to have a patent, copyright, or other legal contract on a piece of art, publication, etc. All ISPs should check into the claim (like one did) to see if it's valid or not.

    If ISPs are so eager to remove potentially offending material, someone could use this as a DOS attack on a commercial website by claiming to own "copyrighted" material on a company's website to the ISP. Those with knee jerk reactions would take the copany's site down without even warning them first.

    --
    If "disco" means "I learn" in Latin, does "discothèque" mean "I learn technology"?
    1. Re:Sounds like a good idea... by mabhatter654 · · Score: 1
      That what "we" want to happen. The ISP is exercising it's right to CYA under the law. What's needed is for a few commercial sites to go down...so the corperate lawyers with money will sue the sender of a WRONG DMCA takedown! It's all "collateral damage" when our personal pages get taken down...but if it was a major local company...things would be much different and the other side of the law would get involved.

      moral of the story...name some empty files on your bosses server to "dangerous" names [popular movies, MP3s, etc] and get their site taken down....see how fast they call the cops. [note: you'd probably get fired for being a nusiance though!]

  29. Not the same thing... by mOoZik · · Score: 3, Interesting

    But when I was new to PayPal, I and some friends of mine receive spoof emails. I thought to make it known that such a thing was going around (again, I was a newb.) I removed the offending part from the email (the form submit), added a giant notice indicating it was an example or a phish scam, and put on my site. I forwarded the site to my friends.

    The next day, my site was taken offline. PayPal didn't even look at the content: they chose to contact my ISP, which didn't even put up a fight, and to put a hold on my account, without any sort of consent on my part.

    1. Re:Not the same thing... by iamnotacrook · · Score: 1

      i support paypal in this. you shouldnt be supporting those scammers, even as a joke. they have ruined many families. i am sure with an apology your ISP would let you have your sight back so no harm done in the end, right?

    2. Re:Not the same thing... by toddestan · · Score: 1

      So, you support taking down a website that was designed to warn people about these scams and had posted a sample email to show people what to watch out for? You don't make any sense.

    3. Re:Not the same thing... by mikefe · · Score: 1

      If an image of the rendered page was made available instead that would be acceptable to be called an "example meant to warn".

      --
      There: Something at a specific location.
      Their: Owned by someone.
      Please make sure your english compiles.
    4. Re:Not the same thing... by iamnotacrook · · Score: 1

      it might be funny to you, and i suppose that you did remove some harmful information before posting it. but i think paypals point of view needs to be respected. wouldnt you feel the same if you lost your savings from one of these tricks?

  30. About XS4ALL by Anonymous Coward · · Score: 5, Interesting

    I'm not surprised at all at XS4ALL's behavior. This is the same ISP that went to court to defend one of their customer's rights to host the Fishman Affidavit (a collection of high-level Scientologist documents).

    I'm glad that there are companies out there who are willing to stand up for their users when they are right, going so far as to take the heat in court. XS4ALL won the case, too, and the Fishman Affidavit is still hosted there for all to see.

    1. Re:About XS4ALL by AndroidCat · · Score: 1
      Read the .pdf research paper that's the heart of this story. Scientology vs XS4ALL and others is the center-piece of the introduction. Also note the Scientology has frequently claimed copyright over stuff which very definitely isn't theirs.

      Off the top of my head, they did it with Google to try and force the owner of the non-US site xenu.net to counter-claim and defend in US court.

      --
      One line blog. I hear that they're called Twitters now.
  31. Re:I'm not surprised . . . becuase we prosecute IS by Maestro4k · · Score: 2, Insightful
    • For example, if the public library was responsible and liable for all material that was copied on it's self service photocopy machine, then most libraries would probably ban use of the copier or manage and log its use very closely and be willing to share this information with anyone that threatens to sue the library. This would be done to protect the legally liable library. The library would be attempting to shield itself from liability by cooperating with those that were alledgedly infringed and by pointing the finger at the person that actually made the copies. Of course libraries are not liable, the person that uses the copier is liable. This is why photocopy machines are normally self service. This prevents the library from being legally liable.
    Bad example, and most copiers are self service because libraries can't afford to hire staff to do a job most people are capable of doing themselves. In this case the equivalent would be if someone reported to a library employee that some guy was copying an entire book on the copy machine and had been at it for hours. At this point the library would be responsible to check out the situation and stop the person if the allegation is true. However, if they get to the copier and the guy's actually copying notes from a friend instead of a copyrighted book the library should not unplug the copier and demand the guy leave. At that point it's clear the original report was bogus and the guy at the copier is not breaking any laws. Incidentally the library would be liable for the copyright violations if the failed to even investigate a reported abuse, just making the copiers self-service doesn't exempt them from that responsibility.
    • Unfortunately the same doesn't seem to be true for ISP's. ISP's can be legally liable if they don't provide information about an alleged copyright violator or if they don't remove the allegedly copyrighted material from their servers in a timely fashion. It is unfortunate that even though the ISP may not knowingly endorse infringement or actively participate in the infringement, they could still be held liable (or at least named as an infringing party in an expensive lawsuit).
    Actually the law requires them to pass along the takedown notice to their customer who's allegedly infringing, then to take the site down if the customer doesn't respond defending themselves. The ISP is most certainly not required to forward along personal details to the complaintant without a warrant, the RIAA has kindly established this for us by abusing the DMCA, that's why all their suits are now filed as John Doe suits. Secondly the ISP does have some responsibility to check the validity of the claim. Receiving an E-mail from a hotmail account should be a warning sign that something's not right in this case. When the site in question plainly lists the original copyright date (and why it's in the public domain now) the ISP opens itself up to a breach of contract lawsuit from their customer. Just because the DMCA says ISPs have to respond in a timely manner does not release them from other legal obligations!
    • Unfortunately ISP's have not been afforded legal protection similar to that granted to libraries with respect to photocopiers. It is the system that attempts to hold ISP's liable that is the problem. ISP's are merely reacting to this and trying to protect themselves.
    Actually it does, ISPs must respond to complaints filed properly (ISPs are allowed to list a DMCA contact address that MUST be used to file all complaints, the law allows them to ignore any complaints not sent to that address), must pass the info to the subscriber and must take down the site if the subscriber doesn't respond. If they do that they're fine, but in this case they seemed to do only the last part, after failing to do even the most basic of fact checks. ISPs aren't merely "trying to protect themselves", they're failing to uphold their subscriber agreements. Acting in this manner will not absolve them of their other legal obligations and can, especially in this case, open them up to lawsuits from the subscriber. That's not protecting yourself, that's just stupid.
  32. Real world results are similar by Anonymous Coward · · Score: 0

    Look here.

    1. Re:Real world results are similar by Anonymous Coward · · Score: 0

      The link from your page is broken. Did ecamnetwork take your entire site down?

  33. Re:Censorship, or just cautious commercial entitie by LetterJ · · Score: 5, Interesting

    Exactly. I run www.mncriminals.com, which publishes the MN criminal conviction data. We get the data directly from the state. We frequently get letters from people demanding that we "expunge" their record because "the state cleared their name". We pretty much just ask that they fax a copy of the state's paperwork removing the conviction from their record. We've only ever heard further from one person. Even then, she hadn't really had it expunged. Rather, she'd had the remainder of her sentence, including parole, etc. commuted. A lot of people make demands and I'm perfectly willing to follow through, but you're going to at least provide a piece of paper proving it needs to happen. The BSA can come into my offices only if there's a warrant in their hand, etc.

  34. Official Notice to Slashdot by Anonymous Coward · · Score: 0

    Dear Slashdot,

    You are currently hosting material which is under Copyright as well as infringing upon our Trademarks. In order for you to remain free from liability, we must insist that you must remove this material immediately.

    Our company currently owns all the rights to Linux, Unix, as well as the name "slashdot", and our well-known brand name "Cmdr Taco". Therefore, we insist you remove your entire site immediately.

    Thank you for your prompt attention to this matter.

    Your in Hades,

    Daryl McBride (BrideOfSatan@hotmail.com)

    Copyright @ 2004 by Hell Inc., All Rights Reserved.

  35. Incredible.. I am speechless by Goosey · · Score: 1

    The company that came out the worst was iFast, who forwarded all the personal details of the site owner to the sender of the fake takedown notice without even being asked to do so.

    I was not surprised by the fact that most the ISPs took the sites down.. This article would hardly have made it onto /. if the results had been the opposite.

    But this reaction is much worse then I could have imagined. I think the moral of this story is to be very cautious when picking an ISP.

    --
    --- "End Of Line" - MCP
  36. It's logical XS4ALL did not budge : by 88NoSoup4U88 · · Score: 5, Informative
    XS4ALL was the first ISP in the Netherlands ; founded in 1993; and setup by hackers.

    2 of the 4 founders of XS4ALL were editors at HackTic ; a paperprinted Slashdot at the time;) http://www.hacktic.nl/

    They were succesfull from the first day that they started selling internet access to the consumer ; and kinda set first foot in that area, dragging alot of new ISP's into the market over the years.

    Currently they are one of the more expensive ISP's around ; but the whole company radiates the Google-vision : 'do no evil'.

    Their customer service was one of the best i -ever- had ; I only found out later that most of their helpdesk are actually screened for -really- knowing about computers ; instead of reading from an autocue all day long.

    1. Re:It's logical XS4ALL did not budge : by AlXtreme · · Score: 2, Interesting

      They are also one of the major sponsors and backers of BOF, who conducted the test. I wonder what would have happened if they really did 'do evil' and took down the information... but that's just me and my tinfoil hat.

      proud (to be paranoid) XS4all customer since 1997

      --
      This sig is intentionally left blank
    2. Re:It's logical XS4ALL did not budge : by NoOneInParticular · · Score: 4, Informative
      More xs4all propaganda:

      One of the founders of Xs4All and the founder of HackTic is Rop Gonggrijp (now famous on slashdot for lending his car out in the terrible car accident a few week back). Xs4all is also the ISP that refused to take down Karin Spaink's website with Scientology papers on it, and went to court over it (which they won). They have a pretty extensive privacy statement for their users, and I do believe they abide that. All in all, this is one of the few ISP's left where the extra euros you spend actually amount to significant value.

    3. Re:It's logical XS4ALL did not budge : by Joe+Enduser · · Score: 1

      Despite the relevance of this experiment, I feel a disclaimer is lacking, indeed. BOF seems very closely related to XS4ALL. Sjoera Nas herself was XS4ALL's press officer for a long time, until last year.

    4. Re:It's logical XS4ALL did not budge : by CvD · · Score: 2, Informative

      Yep, they're my ISP too, and I only have good words about them. Connectivity is great, service is excellent. They even have a special unix helpdesk. They have a lot of experimental stuff customers can play with (like Google Beta stuff): IPv6, a secure jabber server with transports to all other networks and a lot of other stuff.

      Go XS4ALL!

    5. Re:It's logical XS4ALL did not budge : by Anonymous Coward · · Score: 0

      2 of the 4 founders of XS4ALL were editors at HackTic ; a paperprinted Slashdot at the time;)

      I feel sorry for the guy who had to response to all the refresh requests...

    6. Re:It's logical XS4ALL did not budge : by FunkyChild · · Score: 2, Informative

      They are also a major sponsor of the Blender Foundation, IIRC providing rack space and bandwidth. Go XS4ALL!

    7. Re:It's logical XS4ALL did not budge : by ortcutt · · Score: 1

      XS4ALL hosts www.python.org

    8. Re:It's logical XS4ALL did not budge : by Incadenza · · Score: 1

      Indeed, and Doke Pelleboer who is on BoF's Comite van aanbeveling (Recommendation Board) is director of XS4ALL. If you don't buy this kind of research from Microsoft, you shouldn't buy it from Xs4all as well.

      Just for the record: I am a XS4ALL customer who lets XS4ALL donate part my ISP fee to BoF.

    9. Re:It's logical XS4ALL did not budge : by bbc · · Score: 1

      The fact that XS4All actually investigated whether they felt the complaint was founded makes them one of the three bad actors in this story, together with Ifast and the Dutch parliament. By investigating the merit of the complaint and then acting on it, XS4All played both judge and jury, something they have no right to do.

      The right thing to do would have been to question the procedure, not the allegedly infringing content.

      Unfortunately, BoF seems to see things differently; their choice of words seems to indicate now and again that they agree with XS4All's actions. They shouldn't, because it diminishes their point: that bad law induces ISPs to play judge and jury (and that this is wrong).

      The weird thing is (IANAL), I seem to remember that book stores and the such were already liable for contributory copyright infringement in the Netherlands (and presumably the rest of Europe). So why did a new law have to be written to say what the old law already said? It seems like the E.U. is desperate to send out the message that the internet is full of desperados and they're not going to stand for it. A strange message now most of Europe is online...

  37. OT (Lizard lick? cool!) by oldosadmin · · Score: 1

    I live ~15 minutes from Lizard Lick, NC :-P

    --
    Jay | http://oldos.org
  38. Re:I'm not surprised . . . becuase we prosecute IS by StateOfTheUnion · · Score: 1
    Bad example, and most copiers are self service because libraries can't afford to hire staff to do a job most people are capable of doing themselves. . . . . Incidentally the library would be liable for the copyright violations if the failed to even investigate a reported abuse, just making the copiers self-service doesn't exempt them from that responsibility.

    Actually I think its a good example, libraries and Kinkos went to self service photocopiers because it does afford them significant protection under the US copyright law. Check this university library site for more details. Quoted from that site:

    Section 108(f)(2) gives protection to libraries, archives, and their employees from liability that may arise from the "unsupervised use" of photocopy machines and other equipment at the library, provided that the "equipment displays a notice that the making of a copy may be subject to the copyright law. . . ."

    The function of the law is actually remarkably simple. If the library places the notice on the machine, the library avoids potential legal liability for infringements that a user may commit by the use of that equipment.

  39. Could this be used AGAINST the DMCA? by Anonymous Coward · · Score: 5, Interesting

    Consider this possibility:

    A bunch of motivated slashdotters all go to their local libraries (or anywhere else they can gain anonymous internet access) and create hotmail or yahoo email accounts. Then, they send copyright violation notifications to various ISP's across America, so that a huge number of legitamite sites get taken down.

    The resultant customer rage would get media attention, and the ISP's would mention the DMCA as they speak in their own defense. This would bring the harmful effects of the DMCA into the public eye.

    Of course, I am not advocating any such thing. Just reflecting on the possibilities.

    --AC (emphasis on the C in my case)

    1. Re:Could this be used AGAINST the DMCA? by Anonymous Coward · · Score: 0

      Parent should be modded up

      If a group of activists started sending random takedown notices, maybe even automated, then the takedown notices sent by the bad guys (eg. like the scientologists) would get buried in the landslide, and ISPs would not be able to keep up, thus crippling this stupid process.

  40. My experience by acidrain69 · · Score: 2, Interesting

    activewebhosting.com decided to pull my site just because there were MP3's on it. MP3's that I had permission to store.

    --
    -- Having a Creationist Museum is like having an Atheist place of worship
    1. Re:My experience by Anonymous Coward · · Score: 0

      They showed themselves to be idiots, so take advantage of that. Distribute the same files in Ogg Vorbis format.

    2. Re:My experience by Anonymous Coward · · Score: 0

      Didn't you hear? The RIAA declared MP3 an "illegal file format". How exactly a file format can be illegal I'm unsure... I must have missed that session in the House.

  41. DIY by tverbeek · · Score: 3, Interesting
    This is one of the many reasons I host my own sites, and how I got into the business of hosting sites for friends who want a person they can trust doing it. I didn't like the one-sided contract terms and the poor service I was getting from hosting providers, so I set up my own shop. A little Apache, some Postfix, and a dash of BIND in a Linux stew, and I was cooking for myself. So now if someone sends a take-down notice to the company hosting my web site... it'll come to me.

    Granted, I'm still dependent on someone else for connectivity itself, but I found a pretty good DSL provider with terms I can live with, so as long as I keep my systems are zombie free and I don't do anything stupid enough to get an actual court order sent to my DSL provider, I'm pretty safe from this kind of crap (at least more than I was before). And I got broadband service to my house in the process.

    I realise it's not an option for a lot of people, but if you want something done right...

    --
    http://alternatives.rzero.com/
    1. Re:DIY by ticktockticktock · · Score: 1

      The problem with hosting it yourself is, usually, those same broadband providers block port 25 for mail (incoming and outgoing) making it almost impossible to run your own mail server without having to relay all your email through your ISP.

    2. Re:DIY by tverbeek · · Score: 1
      The problem with hosting it yourself is, usually, those same broadband providers block port 25 for mail (incoming and outgoing) making it almost impossible to run your own mail server without having to relay all your email through your ISP.

      That's why you need to shop around for a connectivity provider that doesn't do that.

      (Yes, there's a referal ID embedded in that link. A) That's why I'm posting this with No Karma Bonus, to pre-down-mod me for being a whore. B) I wouldn't suggest looking at them if I didn't think they were good eggs: Linux/Mac-friendly, servers and connection sharing explicitly allowed, POTS optional, etc.)

      --
      http://alternatives.rzero.com/
    3. Re:DIY by ticktockticktock · · Score: 1

      Interesting how Speakeasy says DSL is available in my area when my own phone company says DSL isn't available in my area.

    4. Re:DIY by Anonymous Coward · · Score: 0

      thats because speakeasy isn't just reselling your local phone company's dsl. by using gear of surviving clecs (like covad) they can provision their own lines (like sdsl and pots-free adsl) with their own services (like static ips) and sometimes even undercut the ilecs.

  42. Multatuli in Finnish by hkroger · · Score: 2, Funny
    As a curiosity: MultaTuli sounds funny for the finns because it means a couple of things in Finnish (really does):

    1) DirtFire
    2) ICame (sexually)
    3) FireFromMe
    4) DirtArrived

    Pick your favourite. I prefer the number 2.

    1. Re:Multatuli in Finnish by bbc · · Score: 4, Informative

      It's Latin, it means "I have suffered much". His most famous work is Max Havelaar, a fictionalized autobiography that had to serve as an indictment of the mistreatment of natives in the Dutch colony of Indonesia, where Multatuli (pseud. of E.D. Dekker) was a minor official.

    2. Re:Multatuli in Finnish by dajak · · Score: 2, Informative

      In Latin Multatuli means something like 'I have suffered a lot'. It is the pseudonym of a former colonial administrator, famous in the Netherlands for exposing the cruelty of Dutch rule in Indonesia for the first time. I don't think this author knew Finnish.

      Multatuli is standard fare in Dutch schools, and every Dutchman ought to know that it is a century old. It is clear that the people who took down the website do not have the faintest clue about copyright, or are not Dutch.

    3. Re:Multatuli in Finnish by Anonymous Coward · · Score: 0

      The D is not a middle initial, his last name is Douwes Dekker.

  43. Re:Rich vs plain by bbc · · Score: 1

    Why? Did Ireland quit the E.U.?

  44. HAHAHAHAHA by Anonymous Coward · · Score: 1, Informative
  45. UPC result isnt surprising by Indy1 · · Score: 3, Informative

    UPC (aka chello) ignore all complaints, valid or not, including spam complaints.

    see for yourself

    Chello.nl

    Chello.at

    --
    Lawyers, MBA's, RIAA? A jedi fears not these things!
    1. Re:UPC result isnt surprising by bbc · · Score: 0, Troll

      I believe they are part Microsoft owned, why should they listen to spam complaints or take-down notices?

    2. Re:UPC result isnt surprising by bbc · · Score: 1

      OK, so they sold their share in 2002, that's why I said "I believe". Had to look it up.

  46. XS4ALL sponsored... by Anonymous Coward · · Score: 0

    And Bits of freedom is an organization sponsored by X54A11.
    Everybody is happy here.

  47. Re:Censorship, or just cautious commercial entitie by Anonymous Coward · · Score: 0

    Ah, but that would be the right thing to do. And god help us if companies did the right thing.

  48. Until you vote by iminplaya · · Score: 5, Insightful

    the people responsible for these kind of things out of office, this is the future you can expect.

    --
    What?
    1. Re:Until you vote by Anonymous Coward · · Score: 0

      Unfortunately, I can't vote for the EU office-holders, as I'm an American.

    2. Re:Until you vote by MrWa · · Score: 1

      Since Is there a different choice, that has a snowball's chance in hell of winning, that you can vote for??? Unfortunately there is not a "None of the above" option.

    3. Re:Until you vote by WhatAmIDoingHere · · Score: 1

      I didn't vote for any of the employees at iFast..

      --
      Not a Twitter sockpuppet... but I wish I was.
    4. Re:Until you vote by bitflip · · Score: 1

      Unless the person voted in supports the same laws...

  49. It's probably more about the terms of service by jesterzog · · Score: 2, Interesting

    Which is why if you don't want your content being taken down, you shouldn't use a free hosting provider.

    I don't think that being free really has much to do with it, although there could perhaps be a correlation. Probably what matters is the terms of service that you agree to. Even if you pay for the service, virtually all terms of service will contain a clause that states the provider can yank your access or hosting or whatever they provide on a whim at their own discretion.

    Clearly it might not hold up in court, and it's perhaps even less likely to hold up if you're paying for a service and they don't have reasonable grounds for not providing it... regardless of what's in the terms of service. But they could still potentially get away with claiming that they don't have time or resources to follow up complaints and have to protect their liability, and it still means going through the court system. The latter is a huge disincentive when it's normally much easier to just find a different provider.

    1. Re:It's probably more about the terms of service by catenos · · Score: 2, Insightful

      I don't think that being free really has much to do with it, although there could perhaps be a correlation. Probably what matters is the terms of service that you agree to. Even if you pay for the service, virtually all terms of service will contain a clause that states the provider can yank your access or hosting or whatever they provide on a whim at their own discretion.

      Being free has to do a lot with it. While the ToS is there to indemnify against damages in case a site is taken down, the fact whether (or how much) a customer is paying for a service influences a lot how much time is spent on a complaint.

      In other words, while the ToS allow them (at least theoretically) to take down the site at will, the difference in money is what decides how lightly they make use of that possibility.

      --
      Keep an eye on which arguments are silently dropped in replies. Not always, but often times it's very telling.
  50. It's not worth it for the ISPs. by Mustang+Matt · · Score: 3, Interesting

    A potential legal battle is never profitable for an ISP. Why even take the risk?

    --
    The man who trades freedom for security does not deserve nor will he ever receive either. - Benjamin Franklin
    1. Re:It's not worth it for the ISPs. by cpmte · · Score: 1

      because you have a paying customer who has not voilated any laws; you have absolutly no reason whatsoever to take down the site.

    2. Re:It's not worth it for the ISPs. by base3 · · Score: 1
      Playing devil's advocate here--I think that ISPs roll over for anyone claiming to be a copyright holder sucks:

      But in the one-sided subscriber "agreement," you've already been indemnified from any action by the customer for anything short of setting fire to his dog.

      And as a company, why would you want to keep subscribers around who generate complaints--legitimate or not?

      --
      One CPU cycle wasted on digital restrictions management is ONE TOO MANY.
    3. Re:It's not worth it for the ISPs. by Mustang+Matt · · Score: 1

      I completely agree with you, but my point is that it's not worth it for me to risk going into an expensive U.S. lawsuit.

      The law should be changed to where the party initiating the lawsuit should have to repay the legal fees of the other party if they lose the case.

      Then I'd be more willing to take that risk.

      --
      The man who trades freedom for security does not deserve nor will he ever receive either. - Benjamin Franklin
  51. Re:Censorship, or just cautious commercial entitie by Anonymous Coward · · Score: 0

    When someone makes a copyright claim send them an email asking for written proof of who they are and evidence that they do have a legitimate copyright ownership. The party making the request should do all of the work, the burden is on them. They would then have to mail all of this, by certified mail, to the ISP. If the party making the request does all of this properly than a takedown decision can be made.

    Wow, you've just described the DMCA.

  52. Re:Censorship, or just cautious commercial entitie by townmouse · · Score: 1
    You have a frickin legal staff and you're hosting with one of these low-end budget companies, huh? And instead of just moving to a high-end hosting provider where you won't get dropped with no warning, you're going to have an entire legal staff sue one of these rinky dink companies.

    Tiscali, Wanadoo, Planet Internet, Demon... not tiny companies.

    --
    Ask me if I've been required to disclose any crypto keys.
  53. Re:I'm not surprised . . . becuase we prosecute IS by anthony_dipierro · · Score: 1

    Actually the law requires them to pass along the takedown notice to their customer who's allegedly infringing, then to take the site down if the customer doesn't respond defending themselves. The ISP is most certainly not required to forward along personal details to the complaintant without a warrant, the RIAA has kindly established this for us by abusing the DMCA, that's why all their suits are now filed as John Doe suits.

    These ISPs were European. The whole point was that there wasn't a DMCA in the first place. If there had been, the ISPs would have ignored the non-DMCA compliant emails, and almost surely wouldn't have given the account details without a subpoena or counterclaim being filed.

  54. DMCA Makes it Too Easy :( by Anonymous Coward · · Score: 0

    Under the DMCA, the entities in question forfeit their DMCA safe harbor provision (the part that protects them from being sued) if they don't comply with any valid DMCA notice.

    Now, of course, these notices were invalid, but the free providers also have a ToS term that generally allows them to remove your site for any reason at all. In other words, it's easier to take your site down than to have to do any fact checking at all.

    And I'm not sure how many people at these places have any idea how to find the copyright status of a work, anyhow... That may have been easier here, but for other works, it can be a real problem to determine who, if anyone, holds the copyright :/

  55. Can You Blame Them? by superultra · · Score: 4, Interesting

    Say you're the ISP in this situation. It makes more sense to take it down than it does to leave it up. What do you gain for just leaving it up after receiving a dispute? Nothing, really. What do you have to lose if you continue host something that is truly under copyright? A lot more. The potential for more work is there by leaving it up than there is for merely taking it down.

    Now, I'm not saying this is right. But there has to be a better incentive than "the good of all humanity" to protect fair use.

    1. Re:Can You Blame Them? by mikefe · · Score: 2, Insightful

      If it cut into my business, I would immediately switch to another ISP and sue the origional ISP for damages if I could.

      Why leave it up? Because if you don't you customer can sue you if it weren't for the TOS.

      Why take it down? Because the "copyright holder" can sue you and you TOS can't help you there.

      --
      There: Something at a specific location.
      Their: Owned by someone.
      Please make sure your english compiles.
    2. Re:Can You Blame Them? by superultra · · Score: 1

      I'm not sure you can sue the ISP for merely refusing service. I haven't worked in IT, but I've worked in the management of retail for several years, and it's a well established fact that stores can refuse service to nearly anyone they choose. Of course, if it's based on certain predicating factors (like race or gender) the issue becomes much more complicated. Is that not true for an ISP? And it would seem that their TOS would only reinforce this.

      So maybe you're agreeing with me? I'm not sure.

    3. Re:Can You Blame Them? by mikefe · · Score: 1

      Yep, agreeing...

      --
      There: Something at a specific location.
      Their: Owned by someone.
      Please make sure your english compiles.
  56. Re:Censorship, or just cautious commercial entitie by Pig+Hogger · · Score: 1
    By far the easiest method would be to autoreply with the address where DMCA takedown notices are accepted, mentioning that they must include a statement of accuracy made under penalty of perjury.
    The best I heard was an ISP who posted the DMCIA take-down notice address on a graphic image posted on the website.

    Since the stupid **AA bots took the "abuse@*" contact address and sent the takedown notices there, instead of the proper takedown, they could very well ignore them...

  57. data protection directive by townmouse · · Score: 1

    The EU data protection directive is the basis of much of the privacy law in Ireland.

    --
    Ask me if I've been required to disclose any crypto keys.
  58. This is allready been used by fluor2 · · Score: 2, Informative

    There was an anti-spam attempt made by a group from Europe. They created a service called anti-spam, which constantly loaded gifs/jpgs from the spam-sites, making traffic go high. these were published on normal http sites in europe.

    Suddenly mails were sent to owners about that the http spread warez and similar. My guess is that the spam-sites created fake mails about this, and after 3 hours the site was closed.

    I guess we need a better way of dealing with this.

  59. Re:Constitution was meant to protect Massa's prope by Anonymous Coward · · Score: 0

    While it is true that the constitution was partly written by slave owners, and it isn't perfect, it isn't all crap. Can you be specific with the amendments that you would propose?

  60. great idea for spam !!! by cheekyboy · · Score: 1

    This is a great idea for spam, just make millions of emails requesting random websites to be shutdown.

    At first you'll see 10000s of websites disapear, then soon they will stop removing them due to MASSIVE complaints, then legit requests will be ignored unless in writing from a lawyer.

    --
    Liberty freedom are no1, not dicks in suits.
  61. It's already been said.... by spamfiltertest · · Score: 2, Funny

    but I love the "Texan-style private ISP justice"! Biased against Texas... or maybe just Bush. ;-) /no flame intended.

  62. Where are you quoting from? by AndroidCat · · Score: 1

    BoingBoing also used that phrase, and it didn't make sense then either since it's about Dutch ISPs. There's no mention of Texas in the .pdf document.

    --
    One line blog. I hear that they're called Twitters now.
    1. Re:Where are you quoting from? by Tino · · Score: 1

      On page 6 the document says 'freedom of speech stands no chance in front of the Texan-style private ISP justice'.

      I found this odd, too, considering that on page 2 of the same document it's clearly pointed out that the law in the United States at least aims to prevent things like this happening. Texas is, tourism slogans ('It's like a whole other country') aside, certainly part of the United States.

    2. Re:Where are you quoting from? by AndroidCat · · Score: 1

      Ah, probably Texan as in the wild American west then. Lasted about five years in real life, forever in Hollywood years. (Unless they mean a certain Yale Texan. 4-8 years tops.)

      --
      One line blog. I hear that they're called Twitters now.
    3. Re:Where are you quoting from? by bbc · · Score: 1

      "There's no mention of Texas in the .pdf document."

      Yes, there is. Page 6, first sentence under the heading "Conclusion": "It only takes a Hotmail account to bring a website down, and freedom of speech stands no chance in front of the Texan-style private ISP justice."

  63. Isn't that what they are supposed to do? by cybrangl · · Score: 3, Interesting

    I'm not sure this is a fair test. Under the DMCA, the ISP must take down the material within (I think) 72 hours to maintain immunity. The site owner can respond in 10 days to deny the charges and the ISP can put it back up with immunity. Now I'm not saying that the DMCA is the correct way to do things, and I really don't condone the idea of handing out personal information without a court order, but this "test" doesn't tell us anything except that ISPs don't want to get into legal trouble. Surprise, surprise.

    1. Re:Isn't that what they are supposed to do? by cybrangl · · Score: 1

      Ok, ignore my post. I hadn't read the entire study. By the short snippet, I assumed that they were US ISPs. Bah!

    2. Re:Isn't that what they are supposed to do? by alexo · · Score: 1

      > I'm not sure this is a fair test. Under the DMCA, the ISP must take down the
      > material within (I think) 72 hours to maintain immunity. The site owner can respond
      > in 10 days to deny the charges and the ISP can put it back up with immunity.


      Ignoring for the moment that the DMCA is a US law...

      When you send a DMCA takedown notice, you swear, under penalty of perjury, that you are either the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

      If you try to send a fake DMCA takedown notice, you may find yourself in deep dren.

    3. Re:Isn't that what they are supposed to do? by cybrangl · · Score: 1

      As the RIAA has so many times... Wait.. or was that he MPAA... OR.. hell.. up until Diab[olic]old, has anyone been subjected to this part of the DMCA?

  64. Re:About XS4ALL--they are not so great as you say by Anonymous Coward · · Score: 0
    XS4ALL also forced the operator of (now defunct?) capibara.com to delete my 20-some-odd domain redirectors last year after a spammer inserted a nonsense link to one of my domain names in the middle of a list of three or four such links in some spam. (Capibara provided a free domain forwarding service, which I'd been using for about three years.) The link was something along the lines of
    <A HREF=http://methodology.com@www.mydomainhere.com>< font color=#FFFFFF>bunch-microbicide</font></a&g t ;
    Where mydomainhere represents my domain.

    Despite the fact that this is obviously nonsense, that my website was just a stupid little tripod-hosted discussion board that no one would pay a dime to spamvertise, and that the content of the spam had absolutely nothing to do with my website, I was accused of spamming and XS4ALL threatened to terminate Capibara's account unless Capibara deleted all my domain redirectors.

    Furthermore, when I contacted XS4ALL to try to straighten this out, providing a good case that my domain had nothing to do with the spam, I was greeted with a face-full of attitude from a most-arrogant dude from the "Net Abuse" team who stated basically "we don't believe you, but even if you are telling the truth, it's too bad that you got into trouble because of a spammer; you have no say in the matter; don't contact us again."

    I admit that this is personal, but after that experience I have nothing good at all to say about XS4ALL.
  65. Multatuli by ortcutt · · Score: 2, Funny

    This is probably the most exposure that Multatuli has had in 100 years. I believe that in parts of Europe they refer to Fair Trade coffee as Max Havelaar coffee though.

  66. Modded funny?? by Anonymous Coward · · Score: 0

    I don't think that there is much that's more serious at the moment.

  67. It's about Bush by bill_mcgonigle · · Score: 1

    Living in Texas, I'm not sure what constitutes `Texan-style private ISP justice'. Perhaps Sjoera Nas could explain?

    It's about Bush. He's a Cowboy(tm) and he liiiiiieeeeessss.

    You have to say that with a sinister voice, to reflect the worldwide skull and bones conspiracy he's either leading or is a puppet of.

    --
    My God, it's Full of Source!
    OUTSIDE_IP=$(dig +short my.ip @outsideip.net)
  68. Change the system through the system by cgenman · · Score: 2, Interesting

    I don't think we'll see action on this area until people start sending annonymous copyright takedown notices to the ISP's of members of congress, as well as the heads of major corporations, showing them the folly of giving others full control over your life and business without due process. Of course such a thing would be illegal and dangerous, and a person would have to be crazy to do such a thing. After all, laws are a social contract, which we must obey in order for society to function. In a society ravaged by terrorism like ours, sending mixed messages is the last thing we can afford.

    1. Re:Change the system through the system by bbc · · Score: 1

      Reminds me of a couple of anti-spam lawsuits we had in the Netherlands. In the first one, the judge declared that spamming was legal (there was no E.U. directive stating otherwise back then). The judge even had the chutzpa to declare that if one does not want to receive spam, one simply changes one's e-mail address.

      So some 'enterprising businessman' started sending gobs of spam to all the e-mail addresses of the parliament. Within weeks he got sued and another judge declared that it is illegal to send spam to members of parliament.

      Undoubtedly, if you looked at the specifics of each case, you would probably find out that you cannot paint things as black and white as I do here, but unfortunately, as a citizen who has to work to pay the taxes that pay the wages of judges and parliamentarians, I do not have the time to closely study every pearl of wisdom that a judge might deign to release onto this frightened world.

  69. Comment removed by account_deleted · · Score: 1

    Comment removed based on user account deletion

  70. Re:Censorship, or just cautious commercial entitie by steve's+nose+is+blee · · Score: 1

    Tiscali?!?!?!

    Allow me to post the contents of the last few emails I've recieved from Tiscali...

    FROM:ALH YAKASIA BANK MANAGER
    (UNION BANK OF NIGERIA PLC)
    MARINA LAGOS

    Private email:yakasia_mohammed@hotmail.com

    Dear ME,

    REQUEST FOR YOUR UNRESERVED BUSINESS ASISTANCE/NEXT OF KIN TO
    LATE ENGR.WILLIAM NIXON

    Firstly, I must solicit your confidence in this transaction, this is by
    virtue of its nature as being utterly confidential and top secret.
    Though I know that a transaction of this magnitude will make any one
    apprehensive and worried, but I am assuring you that all will be well at the
    end of the day. We have decided to contact you due to the urgency of
    this transaction, as we have been reliably informed of it's swiftness and
    confidentiality.

    Let me start by first introducing myself properly to you. I am Alh
    Yakasia, a Manager at the Union Bank Nigeria PLC, Lagos. I came to know of
    you in my private search for a reliable and reputable person to handle
    a very confidential transaction, which involves the transfer of a huge
    sum of money to a foreign account requiring maximum confidence. A
    foreigner, Late Engineer William Nixon, an oil Merchant /contractor with the
    federal Government of Nigeria,
    until his death three years ago in a ghastly air crash, banked with us
    here at the Union Bank PLC ,Lagos, and had a closing balance of
    USD$7.2M (Seven Million, Two Hundred Thousand United States Dollars) which the
    bank now unquestionably expects to be claimed by any of his available
    foreign next of kin or alternatively be donated to a discredited trust
    fund for arms and ammunition at a military war collage here in Nigeria....

    Yea I've seen enough...real bang up operation you guys are running over there, keep patting yourself on the back for the quality IT work you do for spammers and scammers.

  71. A nice solution for ISP's and their customers by stewwy · · Score: 1

    Of course a simple solution for this is to require a telephone call from the notice issuer before a takedown, they could then be given a dedicated line to call, probably to a call center somewhere in India and the call could begin with those time honoured words "Your call is important to us please press, one if from the RIAA ..... " I don't see why they can't suffer like the rest of us .... and it seems enough to satisfy the various consumer laws in non-corporate land

  72. PDF Linking by Anonymous Coward · · Score: 0

    You stupid stupid fucks! ALWAYS let people know when you are linking to a PDF file! You politically correct OpenSource fuckers would certainly make it known if you were linking to a Microsoft Office document.

  73. the internet, een parel van smaragd by bertboerland · · Score: 1
    Hasnt our freedom suffered enough?


    Hint: Multaltuli was the writersname of Eduard Douwes Dekker. Multatuli means "he who suffered"

    --
    -- for undocumented cisco commands, take a peek @ dotu
  74. ...And the result??? by Anonymous Coward · · Score: 3, Insightful

    ...is just that they make anonymous email accounts illegal.

    In response to such information TERRORISM, next thing we know it becomes a federal offense to open anybody an email account without first demanding a notarized photocopy of their drivers license. DMCA stands.

    After all, that's as appropriate as most of the responses to 9-11 have been.

  75. Re:I'm not surprised . . . becuase we prosecute IS by Maestro4k · · Score: 1
    • These ISPs were European. The whole point was that there wasn't a DMCA in the first place. If there had been, the ISPs would have ignored the non-DMCA compliant emails, and almost surely wouldn't have given the account details without a subpoena or counterclaim being filed.
    Ouch, that makes the whole thing even worse. I can't think of any defense in that case (not that I agreed with what they did even if they were in the US). I'm just glad they're not my ISP. :)
  76. Case in point by Anonymous Coward · · Score: 0

    Why do governments want to saddle business with all this regulation???

    We have enough lawyers. Laws should be stopped to prevent these frivolous legal actions against freedom of speech.

    It's beyond me how a republican congress can pass laws that encourage MORE regulation and MORE legal action. The billions they received from the RIAA and MPAA have destroyed their principles.

  77. One of the guilty by cyberfoxz · · Score: 2, Interesting

    I happen to work at the abuse department of one of the ISP's who deleted the content(No name mentioned, but it is the biggest in Europe, I believe). What I like the world to know, is that the test done isn't done realy carefull. After we received the complaint we checked the site and concluded that the mentioned text was shown. We then sent a notice of warning to the "customer", in which we asked the person to respond to this message by mail or phone if the complaint was not accurate. After giving the customer a few days to respond, we heard noting. We know from experience that everybody who is wrongly acused/warned will respond within a few days. After not hearing from the customer, whe decided to pull the website. If it was a big issue we would have asked our legal department to take a look at the case, but we concluded this wasn't so. We didn't check the original of the text, since we are not working there to be experts of literature, just to keep our network clean. I also mailed the guy who did the test and asked him why he didn't respond to our warning notice, but he hasn't returned a message to me.

    --
    --- In a world without fences, who needs Gates.
    1. Re:One of the guilty by bbc · · Score: 1

      I do not think it was BoF's intention to point the finger of guilt at the ISPs (although the tone of voice of the PDF does seem to imply that to some extent), but rather at bad law.

      So, your employer isn't one of the guilty, but Dutch parliament is (for passing bad law).

      However, since you work at one of the ISPs that were a 'victim' of this test, could you please ask your employer to protest this bad law with the government? As it is, your method of asking the customer for his opinion seems the right thing to do, but the law doesn't force you to do so, and your company may still be held liable next time. (And even if you do ask the customer, it is still their words against that of the alleged copyright holder.)

    2. Re:One of the guilty by cyberfoxz · · Score: 2, Interesting

      Everybody tries to have an effect on the lawmakers, the only problem is that the lawmakers always seem to only listen to the wrong voices. My own second problem, is that the opinion of the company (e.g. the board and the marketing dep.) seems to be that this is not a real problem, we handled it ok and it is not important enough. We do try have an influence but our voice isn't always heard.

      It is true that we have to decide which one we believe, the complaint, or the customer. We always work together with our legal dep. if there is any doubt whatsoever. We always try to only work with evidence, because in the end we may have to show everything in court. However, this rarely happens since the laws in The Netherlands are much different then the laws in the USA. For instance, the complaints of the MPAA and RIAA are mostly dismissed since we can only act if the material is on our own servers. The privacy of customers is very important and we are not allowed to check the contents of a customers computer. Only when they use a public service (web server, ftp) we can check the contents, in every other case it would be an illegal form of hacking and only the Dutch authorities have the right to investigate this. This is also true about p2p trafic, so the complaints about sharing have no way to be found illegal, because we don't have any real evidence. The complaining party doesn't give us any evidence because if they did, it would have been illegal and can not be used in the courtroom. Changes are going to happend because the copyrights issue is being heavily discussed in the european union. I fear the day that we have to give the customers name and adress to complaining party, but this is just my own opinion. The company will only do what the laws tell us and try to protect the privacy of our customers as best as it can, simply because doing otherwise will make a lot of people go to other ISP's and it will cost us a lot of money.

      --
      --- In a world without fences, who needs Gates.
  78. Do you speak english? by Anonymous Coward · · Score: 0

    He said:

    a) he removed relevant personal details

    b) he didn't put it up as a joke, it was a warning to show paypal users what the scam looked like, so that other people wouldn't lose their savings

    c) There was nothing on the site he put up that would put an actual paypal account at risk

    d) The site wasn't an example of how to send a paypal scam, it was an example of an existing scam with, again, intent to warn

    e) How is this disrespectful of somebody who lost their money, intent was to prevent future users from falling for the same scam

    f) Anyone who actually puts their savings in paypal is an idiot.

    Your probably a troll, and I probably fed you. At the very least I hope you suffer from poor english/reading skills, because I find it hard to otherwise believe somebody can be so dense especially after an explanation was already given.

  79. ISP study - how long does it take to fix a mistake by phorm · · Score: 1

    If you start reading this read it all or you might get the wrong idea...

    Indeed, it might be a good study to tests ISP's on this to see who is best for self-hosting. My ISP (Telus in Canada) pulled my plug after receiving several complaints about spam. I had been mucking with proxy settings and accidentally left it open for part of a day before noticing (partly thanks to the slashdot open-proxy detection which warned we and prevented me from posting here).

    About 4-5 days after the proxy was shut, I was connecting to my home server from work to transfer files when I was suddenly shut out. When I got home - no connection and a message on my answering machine from the Telus abuse department.

    It took about a 5-10 minute calL (being on hold and all that) with me explaining the proxy was fixed - and Telus got me back up again. The kept me on monitor for awhile (and I was checking to see that no strange backdoors were spewing spamcrap somehow, I also added some firewall rules to log any emails going to strange SMTP servers), but other than that everything was great. Sometimes it's not just a matter of whether an ISP pulls your plug when something goes wrong (and I was in the wrong here), but one also considers how easy it is to get things fixed up when any problems/misunderstandings are corrected. Again, I was in the wrong here, admitted it, showed them the problem was fixed, and they got my service restored pas de probleme. How many poor plebs have to jump through a million hoops to fix the mistake?

  80. Actually, a lawyer is an officer of the court. by crucini · · Score: 1

    A lawyer is an officer of the court. But this idea isn't usually invoked to give a lawyer the authority of a court. Rather it is invoked to restrain lawyers from becoming mercenary warriors who fight so zealously for the client that they harm the public interest.
    Here's a link.

  81. Red Tape by Anonymous Coward · · Score: 0

    Meh. As an ISP, autoreply to such requests directing the requester to a web page on your site which asks for the details, including the relevant law under which the content is illegal.

    Include a drop-down for which country the law relates to. Any generated requests which don't have the ISP's country selected can be autofiled under 'irrelevant', and an email sent back seven days later saying:

    "Thank you for your interest, however $ISPname is not a $chosen_country company and is therefore not bound by the laws of $chosen_country. For a full list of laws which apply to $ISPname, please go to $link_to_ISP's_country's_law_site. If you find a law there which is being broken by content hosted on an $ISPname web page, please let us know by completing the form at $formURL."

    Annoying? Definitely. Cuts down on the crap? Absolutely.