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BayTSP Provides Automatic DMCA Notices

ruvreve sent in a pointer that BayTSP is promising to identify Bittorrent uploaders for the entertainment industry to file suit against. Slashdot has run numerous stories discussing what happens when you automate DMCA takedown notices - see also chillingeffects.org.

29 of 306 comments (clear)

  1. It was bound to happen wasn't it... by Roland+Piquepaille · · Score: 3, Insightful

    BayTSP, a leading provider of online intellectual property monitoring and compliance systems, announced FirstSource, an automated system that identifies the first users to upload copyright- or trademark-protected content to the eDonkey and Bit Torrent peer-to-peer (P2P) networks.

    So, in other word, the new legal environment (the DMCA) is attracting more and more profiteers and schemers, like putting cheese attracts mold. It's sad that some people would want to earn a living hurting other people by leveraging a law almost nobody wants...

    But the good news is: if automated monitoring of P2P protocols becomes commonplace, you can bet there will be other, new exciting development in P2P technology. Perhaps some kind of "stealth" protocol will be developed. After all, it's the Napster suit that prompted the development of central-server-less protocols like Bittorrent. So effectively the people "route around" the new legal roadblocks, and are prompted to do so because of scumbags like BayTSP and their disgusting masters, the **AA.

    1. Re:It was bound to happen wasn't it... by Bill_the_Engineer · · Score: 2, Insightful

      So, in other word, the new legal environment (the DMCA) is attracting more and more profiteers and schemers, like putting cheese attracts mold. It's sad that some people would want to earn a living hurting other people by leveraging a law almost nobody wants...

      But the good news is: if automated monitoring of P2P protocols becomes commonplace, you can bet there will be other, new exciting development in P2P technology.

      I think the BayTSP service sounds pretty cool, especially the part where they would confirm the contents of the file before issuing C&D orders. They found a need, and attempt to satisfy that need with a novel web based approach. The engineer in me marvels at their concept... (I am not a fan of suing innocent people, but at least the press release gave some indication that measures are available to keep the innocent out of the cross hairs.)

      I find it telling that you would encourage piracy, and hope new P2P techniques will be developed to continue said piracy....

      To counter your words: It's sad that some people would want to hurt other people by preventing them from earning a living by disregarding a law (and the rights of the author and publisher) through piracy.

      What I do find offensive is legitimate file transfer tools are being made a target by the direspect these people show for not only the creator of the art but to the people who use the transfer tools for legitimate purposes.

      If someone offers something I like but at a price that I believe is too much, I simply learn to do without or look for a cheaper alternative. When it comes to software, I'll either use lower cost versions (including GPL) or make my own (and maybe even distribute it as GPL'd). When it comes to music or movies, I can do without or just listen to the radio, watch it on cable, or rent it from Blockbuster. Basically, I won't pay over $200 for software, when there is a $50 program that can do the job. I won't spend $50 for a program if a free one will do the job. I don't consider GPL software as totally free, since I feel obligated to help with development (by sending error corrections or making a HOWTO) in return for said programs use.

      I live by the simple rule "Earn respect, by respecting others." Whew.. Time to step down from the soap box..

      --
      These comments are my own and do not necessarily reflect the views or opinions of my employer or colleagues...
    2. Re:It was bound to happen wasn't it... by Dyolf+Knip · · Score: 2, Insightful

      especially the part where they would confirm the contents of the file before issuing C&D orders

      That _is_ pretty cool. And as a computer programmer, I'm kind of interested in how they do it. Since, you know, it's pretty much impossible to reliably and automatically determine the content type, much less whether or not it's copyrighted, based on a sniff of a few blocks in the middle of the file. They gonna download the whole damned file? Any idea how many terabytes of storage they're gonna need for that, and the manpower to sift through it all? And what if they can't even get the whole file? Some video codecs will play like that, others will not.

      What's that you say, they're going to use keyword searching? Gee, we all know how well that's worked in the past. And furthermore, aren't the filenames stored in the torrent file itself, and not actually transfered via BitTorrent? So that's out.

      So what, praytell, are they actually going to do? Monitor port usage? Considering that BitTorrent is the P2P protocol with the most substancial non-infringement use and doesn't require specific ports to boot, that won't work either.

      So, we've got an ISP making bogus claims about their ability to 'fairly' screw over their own customers on the basis of a lousy law purchased by an industry cartel that constantly sues people with little or no evidence and has tried to declare itself officially above the law, and you respect them for it?

      You are forgetting the 2nd rule of power (the 1st, of course, is to perpetuate itself). Do not ever give an order unless you are ready, willing, and able to deal with it being disobeyed. Restrictive copyright in general and the DMCA in particular are orders that will _always_ be ignored, and indeed people are doing so by the tens of millions. Whether or not the law is a good idea, it must give way to practicality. If you are not prepared to take 100 million people to court to stop them from copying bits, then you need to rethink the means your are willing to use and come up with some ends that are actually acheivable.

      "Thou shalt not duplicate information" just doesn't cut it with computers around.

      --
      Dyolf Knip
  2. Re:Will folks deliberately upload... by leonmergen · · Score: 2, Insightful

    Wasn't one of the reasons Napster died mainly because of so many falsified names thus resulting in a very hard time finding what you are looking for ?

    And isn't this just exactly what you are suggesting ?

    --
    - Leon Mergen
    http://www.solatis.com
  3. Re:Will folks deliberately upload... by Anonymous Coward · · Score: 2, Insightful

    Not if they're contracted by the owners of that content.

  4. Re:Will folks deliberately upload... by ZeroExistenZ · · Score: 2, Insightful

    Well, the RIAA has been putting fake files on P2P networks in hopes for the same result. (polluting the network, discouraging the "offender")
    Didn't really work, just gave them additional problems. People just migrated to other networks of systems which aren't polluted as much valid files or just cause the new protocol is an improvement(bittorrent). Others'll just keep on trying until they found a correct version.

    Would polluting the webpages serving bittorrents, or setting up "copyright-bot-traps" discourage people who have vast amounts of financial resources and are determined millons of people owe them money?

    --
    I think we can keep recursing like this until someone returns 1
  5. DMCA used by others to screw GPL Software by Anonymous Coward · · Score: 5, Insightful

    If you can use DMCA so force *GOOGLE* to remove a link to a *GPL* Firmware, it has to be seriously broken...

    http://www.chillingeffects.org/dmca512/notice.cgi? NoticeID=1471

  6. I'm confused... by derEikopf · · Score: 2, Insightful

    If I remember correctly, I was taught in school that the government represented the people...


    For piracy, it's just another brick in the wall.

    1. Re:I'm confused... by Anonymous Coward · · Score: 2, Insightful

      The only thing taught in schools that isn't agenda driven deception one way or another is math.

  7. Just goes to show... by ElMiguel · · Score: 5, Insightful

    ... that the cost of threatening legal action without any basis whatsoever is too low for these big corporations. The legal system has become a way for big corporations to push individuals and small companies around and basically create a parallel state were the punishment for any behavior big corporations doesn't like is litigation.

    1. Re:Just goes to show... by ElMiguel · · Score: 3, Insightful
      The problem is that this is not an isolated case. Do as the story submitter suggests and visit Chilling Effects to have a more complete picture of how the legal system is used as a social control weapon by big corporations.

      Fix the DMCA, but stop giving them excuses to have laws like it passed.

      Appeasement doesn't work with big corporations; it only shows them that their methods work. They already got copyright duration extended for fifty years, did that stop their lobbying efforts to get it extended again?

  8. My personal opinion.... by Richard_at_work · · Score: 3, Insightful

    is that theres something wrong with society when society is breaking laws at such an extent that it requires an automated process to identify and punish those offenders. Yes, automated processes catch innocents, especially as some on this page have suggested if they deliberately make themselves look guilty when they arent (if they carried around a white powder in a bag, they would expect to get arrested by the police if its discovered - wheres the difference?). But then again, why should it be costly for the 'victim' in these cases to bring offenders to justice? Kazaa has well over several million files available for download, why should the RIAA/MPAA have to spend inordiant amounts of money just to defend their property?

    This is all a personal opinion, but if slashdot isnt the place to voice it, then where is? Copyright Law exists, and it exists for a reason. You do not own 'Britney Spears - Toxic.mp3', and you do not have a right to give it to other people. If you wanted to have that right, make your own music, distribute that, but until then dont think you have any rights to other peoples intellectual property. Intellectual property laws exist for reasons, one of which is that it may be costly to initially develop, but cheap to manufacture.

    Mod this as you will, I dont care. I know slashdot is heavily biased, and I can expect damnation. What I do care about is that I have had my say.

    1. Re:My personal opinion.... by Anonymous Coward · · Score: 2, Insightful

      In my opinion, if society is breaking laws at such an extent that it requires an automated process to identify and punish those "offenders", then theres something wrong with the laws that are being broken.

    2. Re:My personal opinion.... by lachlan76 · · Score: 5, Insightful

      is that theres something wrong with society when society is breaking laws at such an extent that it requires an automated process to identify and punish those offenders

      If anything it means that society doesn't like those laws.

      But then again, why should it be costly for the 'victim' in these cases to bring offenders to justice?

      Because otherwise the *AA can use scare tactics to simply file a John Doe lawsuit against anyone, forcing them to either pay ${X}000 dollars without a chance to defend themselves, or get sued into bankruptcy.

    3. Re:My personal opinion.... by Teun · · Score: 2, Insightful
      (if they carried around a white powder in a bag, they would expect to get arrested by the police if its discovered - wheres the difference?).

      Do you have to ask??
      The difference is the defense of the vague property claims of a few by their own vigilante vs. the threat to life for many by our legaly sanctioned police.

      --
      "The likes of Facebook and WhatsApp are free to those whose privacy is of zero value."
    4. Re:My personal opinion.... by Rich0 · · Score: 4, Insightful

      As someone else has pointed out, a lot of people speed. Should we get rid of speeding offences?

      Not necessarily, but we should reconsider what the limits are set at. When 95% of people are driving faster than the limit, the general consensus would seem to be that the limit is too low.

      Laws are meant to serve the people, not the other way around.

      I bet if you put out a referandum to the population at large and asked what the speed limit on I-95 should be, they wouldn't come up with 55 mph.

      A lot of people think breaking into peoples homes is fair game (Im not making the theft comparison), should we amend those laws to allow it?

      If you define "a lot" as the 0.2% of any given local population which likes to steal stuff, then I guess you're right. Speeding is a mainstream practice. Breaking and entering is not.

      Again, put out a poll and ask people whether people should be allowed to just walk into people's homes at night. Any reasonable person knows what the answer would be...

      A lot of people think gays shouldnt be allowed in the armed forces, should we amend laws to disallow them?

      Ah, a personal liberty / discrimination issue. I will concede that at times the majority of the US population has wanted things which were unjust, and that it was right to set the laws contrary to majority-rules. Regardless, if you took a poll, you'd find that this is a genuine disputed issue (although I'm guessing a majority would embrace the don't-ask-don't-tell compromise - I'm not stating my opinion of the right answer to this problem here, just my opinion as to what the majority would decide). There is consequently room for debate.

      There are a lot of laws that a lot of people break, it doesnt mean the laws should be changed.

      If the majority of the population breaks a law, the presumption should be that the law SHOULD be changed. Now, if there is a really good reason not to change the law (such as discrimination, etc.), then maybe it shouldn't be changed. However, the assumtion should not automatically be that the politicians know better than the people.

      You brought up three scenarios. Two are really non-controversial issues in the eyes of the majority, and laws should be set accordingly. One is genuinely controversial, and the laws shouldn't be based on whether this year's referandum goes 49-51 or 51-49. There is room for leaders to be leaders.

      I would still suggest that if you need automation to keep up with offenders, perhaps the laws shouldn't be enforced. When criminals can be hidden because the majority of the population gives them shelter, we should probably rethink whether they are actually criminals. The police are supposed to serve the community, not the other way around. When it starts going the other way around, it tends to lead to violence, as problems build and build until you get riots.

    5. Re:My personal opinion.... by Wylfing · · Score: 5, Insightful
      My personal opinion is that theres something wrong with society when society is breaking laws at such an extent that it requires an automated process to identify and punish those offenders.

      At first I thought you were saying something sensible. But it turns out you've got rectal-cranial inversion.

      If society is breaking a law on a scale so massive that automated processes are required to file lawsuits against them all, then the proper attitude, at least in the U.S., is that the law is broken. The government and the marketplace must bend to the wishes of the people. It may take a few years for it to happen, but it will happen.

      While I'm on a roll: I'm getting quite tired of law-worshipers like you. At one time it was illegal for women to vote. You would probably say it is therefore immoral for women to vote, because breaking the law is "wrong." Luckily, most people have more sense than that, and have a moral compass that goes beyond the way the government wants you to behave. Just because a law is on the books does not make it right. In fact it is nothing less than socially responsible to break bad laws.

      --
      Our intelligent designer has never created an animal that we couldn't improve by strapping a bomb to it.
    6. Re:My personal opinion.... by Rich0 · · Score: 3, Insightful

      is that theres something wrong with society when society is breaking laws at such an extent that it requires an automated process to identify and punish those offenders

      I couldn't agree more. There is certainly something wrong when a society's legislative process allows it to enact laws that the vast majority of the population is willing to endure fines and impriosonment in order to violate the laws.

      Seriously, is your next suggestion going to be that we need harsher penalties for speeding, and that perhaps if we tortured people for going 60 in a 55 zone at the Ministry of Love that perhaps society would be better-molded to the ideals of its leaders?

    7. Re:My personal opinion.... by Spad · · Score: 2, Insightful

      theres something wrong with society when society is breaking laws at such an extent that it requires an automated process to identify and punish those offenders

      No, there's something wrong with the laws when society is breaking them to such an extent that it requires and automated process to identify and punish those offenders.

    8. Re:My personal opinion.... by spisska · · Score: 5, Insightful

      Errrm.

      Yes, automated processes catch innocents, especially as some on this page have suggested if they deliberately make themselves look guilty when they arent (if they carried around a white powder in a bag, they would expect to get arrested by the police if its discovered - wheres the difference?).

      A few years ago when I was living in central Europe, I took some tie-dye chemicals back from the US to Slovakia to use at an art camp I was organizing.

      For simplicity, I took all the chemicals out of the box they came in and packed them in my backpack. The 'activator' needed to make the dyes work (I cant remember exactly what chemical) was an unmarked plastic bag of white powder, about a kilogram of it.

      Anyway, I was checked at the airport in Vienna, and the customs people were very curious about the bag.

      I told them what it was, they opened it and figured out that it wasn't drugs, and let me go.

      I was not much bothered by the whole process because the Austrian police were very polite and understanding, and the whole ordeal took less than 10 minutes.

      In this case, the authorities did their jobs properly -- asking the right questions, listening to my answers, and never treating me as if I was guilty of anything. Afterwards, they even apologized for opening the bag. I told them I understood, and wished them a good day.

      If this process had beeen automated the way this DMCA nonsense is, then I would have been tossed in jail until someone determined that the powder was not, in fact, illegal.

      Remeber, I was not trying to make myself look guilty, nor did I expect to be arrested.

      Contrast this with the situation of someone running into legal problems for sharing a perfectly legitimate file like X-Files1.21b.tar.gz.

  9. Riaa, MPAA by kurt555gs · · Score: 4, Insightful

    I think the problem here is that any normal person can see the greed of the RIAA and MPAA and thier so called piracy is beyond any form of reasonability.

    They are like the 2 year olds screaming "mine, mine, mine" without any rhyme or reason.

    Copyright Piracy IS when you take a movie or song, duplicate it on a media like a CD or DVD, and SELL it as if it was genuine.

    Sharing a song with a friend so that friend can decide if it is really good enough to BUY, is not worng in my opinion.

    What if the movie or song is just bad, rotten, trash? You cet to decide to be a "CUSTOMER" or not based on if you like the product. Having to pay these greedy folks just because you heard the horible song or watched even some of the lousy movie is not PIRACY by any rational thought process.

    The RIAA and MPAA do not want customers where they have a choice, but CONSUMERS ready to be culled.

    This whole thing gets too much press, and to many good people are being called thieves because of the greed of the RIAA, MPAA.

    Cheers

    --
    * Carthago Delenda Est *
  10. Re:SHH tunnels? by coolcold · · Score: 1, Insightful

    i dont think its the tracker that is doing the uploading and downloading of data or else it would have a really hard time to cope with the bandwidth

    and if it is how it works, it just make **AA's life easy to only go after the trackers

    --
    I am harvesting funny/good quotes. Please help by putting them in your sigs :)
  11. BayTSP is watching you by Anonymous Coward · · Score: 1, Insightful

    I'd hate to be growing up today and forced to deal with such Gestapo tactics. Unless you've taken the most careful steps in each and every action you take, someone has at least the ability to watch your every move. We have antiquated copyright laws which never expected a world where communication really was so cheap and so ubiquitous (let's face it, I agree with the **AA on this one, times have changed and our laws have to change with them, I just disagree on how they should change). Slashdot doesn't really help the matter; people still think the enemy is the DMCA, as though copyright law can't be enforced without the DMCA and ISPs won't cooperate with the **AA without a court order.

    If you're going to look at the law, you've gotta look at copyright law. Reversing the No Electronic Theft Act would be a good start. But perhaps the biggest enemy is the music industry (and movie industry). In that sense, we have a choice. We don't have to buy, or listen to, (and get addicted to) **AA music and movies. And for sure we don't have to work for the bastards.

  12. Music reborn and the death of the movie. by Anonymous Coward · · Score: 1, Insightful

    I'm seeing talk of SSH and other forms of obscurity to mask uploader's privacy... Face it, the protocol doesn't work like that folks. You want to hide the trackers? Great, now no one can get the files. Seeds and peers are what make torrents work. The fact is, your IP is up for grabs the moment you connect. Why it has taken them so long to figure this out is the real question at hand. Until proper bandwidth exists to allow all users to act as a proxy, torrents are destined to fail. The MPAA and RIAA's worst enemy is time and bandwidth will be the sword in their chests. Music will always be created for profit or simply the love of the art form. Say goodbye to the corporate trash being forced down our throats. It is a good time for music. However, the big budget nature of movies and our inability to realize that without studio's ability to turn a profit, the death of the pictures as we know them is all but inevitable.

  13. Re:Unclean hands....Hmmmm. by anagama · · Score: 2, Insightful

    • Unless turrents allow downloading without uploading anything, the MPAA attack dogs are just as guilty of doing what they are accusing the ohter end user of.

    Don't take me for an MPAA troll, but before you decide to rest easy on this theory, think again. Here's how it breaks down: MPAA highers Snooper; MPAA gives Snooper the right to use files (including the act of uploading) as necessary to catch file sharers; Snooper then uses BT to snoop. In the process, some files may have been uploaded, but because the MPAA expressly allowed the uploads in the context of snooping, Snooper's hands are as clean as whistle.

    If given permission, there is nothing inherently illegal about filesharing, Linux ISOs being an excellent example. It's legal because permission is granted. Sharing LOTR is not legal simply because permission is not granted. Anyway, at the risk of being repetitive, you can be certain that the MPAA will give Snooper whatever permission it needs to do its job, including uploading files. The key fact to focus on is not whether files were uploaded, but whether the MPAA gave the uploader permission to upload.

    --
    What changed under Obama? Nothing Good
  14. Secure those corporate WiFi APs!!! by Wanderer1 · · Score: 2, Insightful

    This just highlights the need for corporate IT personnel to secure their open Wireless Access Points. Because, as you know - with the cheap cost of portable computers and old hardware - someone might end up leaving a Peer-to-Peer node running over an open AP and shift the liability to the AP owner. Think of the real risk given the amount of bandwidth available to most corporations and how long a rogue node could go undetected.

    It is clear that those motivated to seed the BT networks of the world could very well end up costing your company in legal fees. So you better set that MAC filtering up right now.

  15. Re:Dynamic blacklisting of IP's foils this idea? by KillerCow · · Score: 2, Insightful

    I cannot see how this should impact the "serious" BT filetraders that much. Most clients used nowadays include dynamic blacklists, effectively blocking requests from services such as BayTSP to the torrent? BayTSP can't keep hopping IP's all the time without some ever increasing expenses?

    Blacklists don't work. Assume that I am an agent of the (MP)|(RI)AA. I contact a consumer ISP and get a dynamic IP account. I run my scanner from the dynamic IP. There can be any of three results.

    #1 because I am on a dynamic IP of a major ISP, I don't get blacklisted, and I can successfully run my scanner.

    #2 the dynamic IP that I have now gets blacklisted, so I just release/renew to get a new one.

    #3 the entire range that my ISP is using gets blacklisted. I can't run my scanner anymore on that ISP, but their customers can't download files eaither, thereby reducing the number of people participating in piracy. When the blacklist occurs, I simply switch to a new ISP. Repeat until I find an ISP that won't get blacklisted, or until all ISPs get blacklisted.

    Under any of the above scenarios, the blacklist is virtually worthless.

  16. where FirstSource falls down... by advocate_one · · Score: 4, Insightful
    FirstSource monitors for the first uploads of a client's intellectual property to the eDonkey and Bit Torrent networks. When the system spots a file name matching the client's content, it initiates a download to confirm that the file is what it appears to be. Once the content is validated, the system captures the IP (Internet Protocol) address and identifying information of other users downloading and sharing the pirated material.

    They have to be able to download it from the bittorrent network first in order to ascertain that it actually IS their copyright material... more and more bittorrent networks are going "members only" where you have to actually join and log in to the server in order for your IP to be authorised for that torrent... Any sensible network runner will have several clauses in the joining procedure where the prospective new member will have to be reccomended by an existing member or else they'll have to declare that they are not acting for or as agents of RIAA/MPAA etc.

    All they're gonna do is drive users with any sense underground... whilst only the newbies with no sense will get picked on...

    Expect to see more closed torrent networks springing up... rather like speakeasies did back in the old "Prohibition" days... Prohibition didn't work very well now did it... all it did was make normal people lawbreakers and give an opportunity for organised crime to fill the void created by the lack of easily available drink.

    In fact, all the RIAA and MPAA members have got to do is to actually take advantage of bittorrent, and create a perfectly legal means of people getting their hands on movies early in the distribution cycle by making them available on pay per torrent servers, where you actually pay for the privilege of getting the movie first, well before it hits the cinemas.

    --
    Donald 'Duck' Dunn: We had a band powerful enough to turn goat piss into gasoline.
  17. Re:You were doing fine up until.... by Artifakt · · Score: 2, Insightful

    Doesn't this show how flawed the law is? If Bit Torrent was never intended to facilitate copyright violation, or it would have been much more decentralized, then what's the justification for a lawsuite against bittorrent?
    Your point seems to show that all those tossing out metaphors such as "It's like sueing the auto maker for making the getaway car!" are actually right.
    When can we expect judges to start chewing out litigants for wasting the court's time on rediculous claims and poppycock legal theories, and actually dismissing cases with prejudice?

    --
    Who is John Cabal?