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Internet Blackout Threat for Music Thieves in AU

An anonymous reader writes "News.com.au is reporting that the ARIA [Australia's Version of the RIAA] is making plans to have ISPs cancel or terminate the accounts of those who download music illegally. If the user is on dialup, that's not a problem: their telephone line will be disconnected. 'Fed up with falling sales, the industry — which claims Australians download more than one billion songs illegally each year — has been discussing tough new guidelines with internet service providers (ISPs) since late last year. The music industry is lobbying for a three strikes and you're out policy to enforce their copyright. Under this system, people who illegally download songs would be given three written warnings by their Internet service provider. If they continued to illegally download songs, their internet account would be suspended or terminated.'"

244 comments

  1. Say goodbye to the Blacksmiths of this century by Ckwop · · Score: 5, Insightful

    Why would ISPs agree to this? I can imagine it now, a group of ISPs implement this and then customers flock to the small ISPs who aren't big enough to warrent attention from the ARIA. Faced with a slump in revenue the ISPs reverse course and try to win customers back.

    Let's not get started on SSL encrypted DCC transfers on IRC channels or private FTP servers! That's going to be almost impossible to track. These kind of darknets (as I've seen them called) or going to be very hard to shut-down!

    Does this even matter anyway? My friend from Canada brought over his personal collection on a 320Gig drive when he visited this week. This is getting more and more common, people now have so much portable storage that it's often easier to swap collections and cherry pick the songs you like (or take the whole collection if you prefer). Compared to downloading, this is a far safer way to pirate on a huge quantity of music.

    At some point, their revenues will become so small that they start to lose credibility. A case in point, where are the blacksmiths' guilds today? This whole issue with trundle on for some time to come but the inevitable will eventually happen. Time is on our sides, my friends.

    Simon

    1. Re:Say goodbye to the Blacksmiths of this century by PPH · · Score: 5, Interesting

      Why would ISPs agree to this? I can imagine it now, a group of ISPs implement this and then customers flock to the small ISPs who aren't big enough to warrent attention from the ARIA. Faced with a slump in revenue the ISPs reverse course and try to win customers back.

      I'm not familiar with Australian law. Perhaps there are no 'safe haven' provisions w.r.t. copyright enforcement and its either play netkop or be sued by the copyright owners.


      Let's not get started on SSL encrypted DCC transfers on IRC channels or private FTP servers! That's going to be almost impossible to track. These kind of darknets (as I've seen them called) or going to be very hard to shut-down!


      Does this even matter anyway? My friend from Canada brought over his personal collection on a 320Gig drive when he visited this week. This is getting more and more common, people now have so much portable storage that it's often easier to swap collections and cherry pick the songs you like (or take the whole collection if you prefer). Compared to downloading, this is a far safer way to pirate on a huge quantity of music.


      Never underestimate the bandwidth of a package of DVDs going down the highway in a FedEx truck


      The copyright folks are shooting themselves in the foot with this ISP nonsense. Its far easier to detect on-line IP theft (if transfers aren't cloaked in some way) than it is to intercept other means of transfers. This makes me think that the service termination threat might be a scare tactic. As with most intelligence gathering efforts, you don't advertise your methods to your target so they can employ countermeasures. Perhaps a few people will get their access discontinued because their kid downloaded a few songs. No doubt, it will be for a relative ly minor infraction, since that enhances the fear factor more so than going after the major violators. The event will be highly publicized, with sobbing parents on TV and the smaller violators will be discouraged. The bigger ones have more vested in their opreration and will be more likely to employ countermeasures.

      --
      Have gnu, will travel.
    2. Re:Say goodbye to the Blacksmiths of this century by shmlco · · Score: 1

      "My friend from Canada brought over his personal collection on a 320Gig drive ... Compared to downloading, this is a far safer way to pirate on a huge quantity of music.'

      If it came to that the labels would love it. You probably only have a few friends with whom you'd go to the time and trouble of sharing in this fashion. Heck, even if you had dozens of them that's better than the 10,000 or more "friends" you get when you torrent it.

      "Let's not get started on SSL encrypted..."

      You probably saw the article where ISPs were throttling SSL traffic because of encrypted torrents, didn't you? In that case all encryption does is screw things up for everyone else, at the expense of a few parasites.

      --
      Any sect, cult, or religion will legislate its creed into law if it acquires the political power to do so.
    3. Re:Say goodbye to the Blacksmiths of this century by kdemetter · · Score: 4, Insightful

      parasites ? How is that possible when we pay for traffic like everyone else . and please tell me why i'm not allowed to download a new Linux distro via Bittorent ?

    4. Re:Say goodbye to the Blacksmiths of this century by Anomolous+Cowturd · · Score: 1

      Reminds me of the old days when the smelly kid still had heaps of "friends" because he had a bigger commodore game collection than anyone else at school.

      --
      Software patents delenda est.
    5. Re:Say goodbye to the Blacksmiths of this century by miskatonic+alumnus · · Score: 3, Funny

      If it came to that the labels would love it. You probably only have a few friends with whom you'd go to the time and trouble of sharing in this fashion.

      Ahh. But, they share with a friend, who shares with a friend. Before you know it, Kevin Bacon has a copy, and then the world!

    6. Re:Say goodbye to the Blacksmiths of this century by Eivind · · Score: 5, Insightful
      Dunno about that. The thing is, it's the product of how many you swap with and how much you swap. Disc-sizes are growing exponentially to the point where atleast when it's about music (which it is in this article) you're going to be able to trivially storing huge libraries -- just on the hunch that you may be interested in a small fraction of it.

      We already see this. There's a clear trend from sharing a single song by a single artist, then to sharing a complete album by a single artist, and then onwards to sharing complete discographies of artists, aslong as discs keep growing this trend will continue. I can easily see "every-album-that-was-in-the-charts-this-year.zip" and it's not even that much of a stretch to imagine "every-album-that-was-in-the-charts-this-decade"

      For that matter, hard-disc-sizes only need to keep growing like they do for a few more years to make "every CD released in USA in the 1990ies" a completely practical thing to store and swap around.

      At 200kbps (more or less the needed bandwith for indistinguishalbe-from-cd sound for most people) one hour of music takes up 90MB. An average song perhaphs 7MB. Which means that, for example, the complete content of iTunes (the store, not the program), will take up around 7MB times 3.5 million, which is about 25TB.

      Today that's nontrivial, common discs today hold only half a TB or so, so you'd need 50 discs. But discs double in capacity (for the same price) about every 2 years, so that means it's about a dozen years until that entire library, 3.5 million songs, fit on a single standard consumer hard-disc. (yeah yeah, we don't know that the future will play out like that, but it seems a reasonable guess, even if it slowed down it's hard to imagine it'd take more than double that or so)

      If RIAA et al think they have a hard time with simple copying now, wait and see what happens when 25TB is a trivial amount of disc-space. They are *so* fucked. I'm not saying its rigth or wrong. I'm just saying it IS so.

    7. Re:Say goodbye to the Blacksmiths of this century by Tama00 · · Score: 1

      damn that just makes me wanna download more music!

    8. Re:Say goodbye to the Blacksmiths of this century by shmlco · · Score: 1

      Why do you need to encrypt your latest Linux download?

      --
      Any sect, cult, or religion will legislate its creed into law if it acquires the political power to do so.
    9. Re:Say goodbye to the Blacksmiths of this century by LordSnooty · · Score: 1

      cherry pick the songs you like (or take the whole collection if you prefer). Compared to downloading, this is a far safer way to pirate on a huge quantity of music.
      This is the way Zune should have gone (of course it wouldn't). But imagine turning your media player into a trade box with the addition of wifi or some simple high b/w protocol. Everyone meets up at a party with one of these, and they can swap to their heart's content (storage is an issue, maybe in two years we'll be seeing 50GB+ standard). It could be the next killer device, if it can skirt the RIAA's clutches. And here I am shouting about it loudly on /.
    10. Re:Say goodbye to the Blacksmiths of this century by timmarhy · · Score: 2, Interesting

      thats not the point - you shouldn't need to justify privacy, ever

      --
      If you mod me down, I will become more powerful than you can imagine....
    11. Re:Say goodbye to the Blacksmiths of this century by jZnat · · Score: 1

      Because if I didn't, my ISP would throttle the download to dial-up speeds and I'd be lucky to finish downloading the ISO before the next version was released.

      --
      'Yes, firefox is indeed greater than women. Can women block pops up for you? No. Can Firefox show you naked women? Yes.'
    12. Re:Say goodbye to the Blacksmiths of this century by shmlco · · Score: 1

      And who is to blame for that? All of those people who swamped the web downloading Linux distributions? Or, perhaps, someone downloading somthing else?

      --
      Any sect, cult, or religion will legislate its creed into law if it acquires the political power to do so.
    13. Re:Say goodbye to the Blacksmiths of this century by Anonymous Coward · · Score: 0

      "...where are the blacksmiths' guilds today?"

      http://www.abana.org/

    14. Re:Say goodbye to the Blacksmiths of this century by remembertomorrow · · Score: 0, Redundant

      s/disc/disk/ig;

      --
      Registered Linux user #421033
    15. Re:Say goodbye to the Blacksmiths of this century by gacl · · Score: 1

      I think Weird Al says it best: http://goear.com/listen.php?v=2338387

    16. Re:Say goodbye to the Blacksmiths of this century by Buran · · Score: 1

      You need to ask your ISP why they are actively working against security. Ask them how exactly they can justify crippling online banking users who actually encrypt connections, email users who want to avoid their connections being sniffed (Gmail requires encryption for example) and so on, and why they would allow all of these to go through, unencrypted, at full speed. If they refuse to remove the block, you need to refuse to use their services and go to an ISP who actually understands and promotes security.

      And no, no one should ever, ever have to justify security.

    17. Re:Say goodbye to the Blacksmiths of this century by Anonymous Coward · · Score: 0

      Just what I want to do at a party, checking out what other people have on their music players. I don't actually want to drink/talk to people/chat up a girl or anything else people normally do at parties.

      To be fair I already have plenty of legitimately purchased music, that while there is stuff I'm interested in, I'm not really motivated to go and find more. Also I can see it being okay transfering a few songs or albums at a party I wouldn't want to spend all my time going through another's collection.

    18. Re:Say goodbye to the Blacksmiths of this century by Anonymous Coward · · Score: 0

      why i'm not allowed to download a new Linux distro via Bittorent

      You don't need it. Windows is more than enough for everybody.

    19. Re:Say goodbye to the Blacksmiths of this century by krowe+(LinuxZealot) · · Score: 1

      LOL, you must be joking.

    20. Re:Say goodbye to the Blacksmiths of this century by Soruk · · Score: 2, Informative

      GP poster is (apparently) in Norway, where British English will have more influence than American English. Here in UK, the correct spelling is "disc", however "disk" is unfortunately common due to the influence of American businesses in the computer industry. Philips, the inventor of the CD, is European. Take any CD with the Compact Disc logo and check how they spelt "disc".

      --
      -- Soruk
    21. Re:Say goodbye to the Blacksmiths of this century by miskatonic+alumnus · · Score: 1

      s/remembertomorrow (959064)/grammarnazi (348611)/

    22. Re:Say goodbye to the Blacksmiths of this century by Anonymous Coward · · Score: 0

      depends who you call the blacksmiths: if it means the end of commercial crap as we know it then I can only agree to that. Captain Beefheart once said: "where I got my music it was free, so people should be able to get my music for free."

      About the means: I like it. here you have to stay with your ISP for at least one year after you signed with them. So it means that if they offer crap service you're screwed. with that system, one can just download gigs upon gigs of stuff and get their subscription cancelled by the ISP. Who cares if they are kicked out by ISP, there are new ISPs on the market every three months.
      muhahah

    23. Re:Say goodbye to the Blacksmiths of this century by Sam+Ritchie · · Score: 1

      No, it's also 'disk' in British English - the way I understand it, it's short for 'diskette'. Compact Disc is spelt with a 'c', as it's not short for anything (and, as you say, originated in Europe). This is an oversimplification - Wikipedia explains.

      --
      This sig is false.
    24. Re:Say goodbye to the Blacksmiths of this century by Anonymous Coward · · Score: 0

      you shouldn't need to justify privacy, ever

      Why not? Don't you think it can be justified? Does it simply need to be accepted as an axiomatic part of a liberal faith?

    25. Re:Say goodbye to the Blacksmiths of this century by Eivind · · Score: 1
      English spelling is bizarre anyway. The basic idea of our writing (unlikey say chinese writing) is that there's a letter for each *sound*, and so if you know how to pronounce a word, you should in principle also be able to work out how to spell it.

      Of the languages I know, english is by far the one where this is least possible. Because you've kept your spelling relatively slow-changing while oral english has developed far more, I've been told.

      Still, what is supposed to be the difference between "disc" and "disk" in pronounciation ? I'm guessing at nothing. Certainly you're not supposed to pronounce the c in disc in any way even approaching the c in certainly (which is again the way most people pronounce stuff pretty much indistinguishable from an 's' "summer" "certain" -- ok so some people pronounce these *sligthly* different, but no-one pronounces the second even close to the c in say "cat" (which would be written "kat" in a sane language)

      I don't mean to flame or anything. English is a bundle of fun. It's just that it's also a complete mess. Sorta like perl. We foreigners should be forgiven for the occasional slip-up. This wasn't one though -- I deliberatly label round-flat things "discs", and am NOT going to start making a conscious effort to take note of compact-disc but hard-disk. That's just insanity. A disc is a disc. A hard-disc is really a whole stack of discs, in a housing, with electronics. But we all know what is meant. (except those who the entire computer is a "hard-disc")

    26. Re:Say goodbye to the Blacksmiths of this century by remembertomorrow · · Score: 1

      You have to escape ( and ) in POSIX and Perl-style regex.

      --
      Registered Linux user #421033
    27. Re:Say goodbye to the Blacksmiths of this century by miskatonic+alumnus · · Score: 1

      Touche!

  2. so, let's fight this with illegal tactics? by yagu · · Score: 5, Insightful

    Maybe this is okay and/or legal in AU. Is this legal in the US? What about due process? What about overdue process?

    Anecdotally, as an aside, I had on my mind about three artists (new artists, e.g., Paolo Nutini), and hence, three cds I set out to find and purchase. Circuit City, no dice (didn't really plan on buying there what with their recent employee abuse program) -- they had about 1/4 the number of racked cds than last time I'd looked there. Best Buy, sorry. And the local CD store, nope! No selection, nothing. I don't know which came first the chicken or the egg, I don't even know which is which, but my thirst for new music is about the same as before -- but recently I'm finding I can't buy cds as before.

    I'm not buying the "pirates decrease sales" spiel. My cause and effect for buying fewer cds is strictly the continued unavailability of cds on display. It used to be a smörgåsbord, now the stores look like the cutout bins of years past. This (the RIAA, and others) is an industry that rather than weather a business model storm and changing business dynamics to adapt continues to insist on taking their ball home with them (hey, it isn't even their ball!) so we can't play. And somehow, they still want to demand we pay them. Please, please, please!, just let them become irrelevant quickly so we can get on with our music!

    1. Re:so, let's fight this with illegal tactics? by HomelessInLaJolla · · Score: 1, Offtopic

      We don't need due process in the US. The Patriot Act and the DMCA got rid of that pesky nuisance. You're a criminal if we say so and don't go deluding yourself thinking that we could be wrong. We have all the evidence that we need and, if we don't, we'll find it after we have you.

      --
      the NPG electrode was replaced with carbon blac
    2. Re:so, let's fight this with illegal tactics? by John+Hasler · · Score: 1

      > Is this legal in the US?

      It would be legal in the US but the music publishers have no leverage on the ISP to compell them to cooperate (they would already be doing it if they could).

      > What about due process?

      It has nothing to do with due process. It does not involve government.

      --
      Warning: this article may contain humor, sarcasm, parody, and perhaps even irony. Read at your own risk.
    3. Re:so, let's fight this with illegal tactics? by symbolic · · Score: 4, Insightful

      Ah, the ongoing saga of how to sustain a failing business model. Accuse everyone of stealing and demand a cut of the sales of other products that you *insist* are cutting into your profits. It's brilliant in a way - you never really have to be accountable for the quality of the stuff that you claim people are stealing. I wonder if the downward slide (that they claim exists anyway) might be due to the fact that it's very easy for people to gauge the quality of what's being offered *before* actually forking over their money.

    4. Re:so, let's fight this with illegal tactics? by vimbuza · · Score: 1

      What do you think caused the decreased number of cds on display?

    5. Re:so, let's fight this with illegal tactics? by Mix+Master+Nixon · · Score: 1

      It used to be a smörgåsbord, now the stores look like the cutout bins of years past.

      That comparison's an insult to the cutout bins of years past.

      --
      Oppressing an entire population is never cheap.
      --Jeckler (/. Beta IS GARBAGE!)
    6. Re:so, let's fight this with illegal tactics? by bm_luethke · · Score: 1

      "Maybe this is okay and/or legal in AU. Is this legal in the US? What about due process? What about overdue process?"

      Those only apply to the govt - Comcast doesn't have to provide service to you at all (unless there is another regulation that requires them to, such as some of the "common carrier" stuff). Same thing with things like "freedom of speech" - it is *not* a violation of it for clear channel to self censor any group for whatever reason they want, it puts limits on the govt, not people or businesses.

      However, in the US we have both a large enough group of providers to choose from and the legal ability to do so that pretty much any ISP doing this is going to die. ISP's are known to cut people off for less. Not having lived in Australia (so do not shoot me if I'm wrong, only repeating what I have heard some people who claim to be from Australia say) that much of the land doesn't have a large enough group of providers to choose from - getting cut off is final. In the US that *may* result in the service getting govt regulation, but I wouldn't count on it (Recording Industry has too much money and too good of lobbyist - I doubt you could get such a thing through either local or federal congress even if the governor or president would sign it). My guess is that Australia suffers from the same problem with it's lawmakers - I know of no system that is immune from laws being purchased even if it is only through a massive advertisement campaign.

      --
      ------- Sorry about the spelling, I suffer from two problems. Dyslexia makes it difficult to spell well, lazy makes it
    7. Re:so, let's fight this with illegal tactics? by tomz16 · · Score: 3, Interesting

      Those only apply to the govt - Comcast doesn't have to provide service to you at all (unless there is another regulation that requires them to, such as some of the "common carrier" stuff). Same thing with things like "freedom of speech" - it is *not* a violation of it for clear channel to self censor any group for whatever reason they want, it puts limits on the govt, not people or businesses. Snip... In my opinion that only held true until a buttload of my tax dollars went to subsidizing their local cable monopolies and telecom buildouts. In most markets in the US, there are exactly zero, one, or two high speed internet service providers, and all others are effectively precluded from competing for my dollar. The internet is becoming an increasingly important part of modern life, and is essential to many jobs (including mine). In lieu of the fact that this is not truly a free market, and that OUR PUBLIC money was used to secure their private business model, I believe that it is the mandate of the government to either :

      1) Allow the monopoly, but ensure that they HAVE to provide service to everyone capable of paying for it at a reasonable rate. Audit their profits to ensure that they aren't fleecing the public.

      2) Take away their monopolies. Force cable companies and telcos to fully open up access to their lines to competitors akin to telephone service. (e.g. so that I could use comcast's cable lines to get Google Internet service, and comcast gets only a small cut to cover the actual cable maintenance fees). Currently, if you want something like Earthlink cable/dsl internet, or AOL highspeed, the costs exceed that of the local cable/tel company because the base IP service is still provided by them. This is NOT competition.
    8. Re:so, let's fight this with illegal tactics? by Anonymous Coward · · Score: 0

      oh grow up. so all the people downlaoding a rip of the last pirates of the carribean film couldnt find one on amazon? pirates are just leeching thieves, and frankly whatever throws a spanner in their works is fine by me.

    9. Re:so, let's fight this with illegal tactics? by Scudsucker · · Score: 1

      The greed of the industry. They squeeze retailers and keep prices high, dropping interest in their product.

  3. How... by monkaduck · · Score: 4, Insightful

    How could they determine what is "illegal" and what is bought from a reputable online store? Or if a band offers a download from their website, would that be flagged as well? I don't see how there couldn't be any false positives with this agenda.

    --
    Napalm is nature's toothpaste
    1. Re:How... by Fred+Ferrigno · · Score: 1

      How many reputable online stores sell music over BitTorrent? Even if they did, it's probably easier to whitelist the non-infringing trackers and assume everyone else is pirating.

      It bears mentioning that ISPs have long had the ability to shut down the overwhelming majority of P2P traffic. Every time they do, there's a big public outcry until they stop.

    2. Re:How... by monkaduck · · Score: 1

      Yes, but do you think the authorities, who probably don't know what a torrent even is, know who to whitelist at first? I'd think they would just blacklist everything, and only let sites on the whitelist when they hear otherwise.

      <p>I agree that they could stop p2p traffic if they wanted to, but who else has need for "unlimited" bandwidth than people who download a lot?

      --
      Napalm is nature's toothpaste
    3. Re:How... by Fred+Ferrigno · · Score: 1

      The ARIA knows exactly which songs you've downloaded, so they're not going to pinch you unless it's something from their catalog. I think they'd know if there were a legitimate retailer selling Justin Timberlake via LimeWire. The article also mentions that there will be three warning letters before the account is suspended, so you should have some opportunity to raise hell if there's been a false positive.

      I've heard that the #1 consumer of bandwidth these days is YouTube and the second is BitTorrent. When Napster went offline, the aggregate traffic online dropped by half. It was a bad day for service providers everywhere.

  4. Scare tactics as usual by redelm · · Score: 5, Insightful
    Sounds mostly like a "trial balloon", an idea floated up without any real expectation it will be implemented. Perhaps for scare value. The logic is quite erronious: labels have been losing sales not due to competition/substitution from downloads, but from a lack of new, fresh product to sell. They've cut their A&R budgets and are milking their catalogs. Sales would drop even with zero downloading.

    In any case, the implementation is sure to be a nightmare: families with shared accounts, botnets, and false-positive identification will make enforcement difficult, even if the ISPs actually wanted to comply. Which I doubt they do. Do ISPs have "common carrier" status is *.au? If so, they will be loathe to jeopardize it.

    1. Re:Scare tactics as usual by lixee · · Score: 2, Informative

      Sounds mostly like a "trial balloon", an idea floated up without any real expectation it will be implemented. Perhaps for scare value.
      Good point. News,com.au is part of Murdoch's empire and as such, news from there should be taken with a grain of salt.
      --
      Res publica non dominetur
    2. Re:Scare tactics as usual by MichaelSmith · · Score: 2, Informative

      labels have been losing sales not due to competition/substitution from downloads, but from a lack of new, fresh product to sell

      No kidding:

      This is despite big-selling albums from Australian Idol winner Damien Leith

      If their argument is going to be that nobody is buying our stuff despite Australian idol being on TV then they are truely stuffed. To be honest I don't know of anybody who bothers with P2P. Its easier to buy the CD and rip.

    3. Re:Scare tactics as usual by Anonymous Coward · · Score: 0

      This is a scare tactic.
      There is no information on my end on whether or not Telstra or other ISP's are going to implement it.
      We barely have enough resources to handle traffic now, let alone try to catch pirates.
      This is the first I've heard of it.

    4. Re:Scare tactics as usual by wharlie · · Score: 1

      I like the idea of three strikes and out. It's better than no strikes and your sued, like in the US. This gives all Aussies the freedom to download with immunity until they receive a warning from ARIA (AussieRIA), and based on the number of people engaged in downloading the odds of getting a warning are minimal. The only way this would ever work is if the ISPs actively monitored illegal downloading for the record industry and suspended their cutomers without ARIA's involvement (which I doubt). Otherwise based on the current situation of ARIA informing ISP, getting IP, gathering evidence etc then all you get is a warning, it actually makes downloading less of a risk.

    5. Re:Scare tactics as usual by thelamecamel · · Score: 1
      The ABC is a much more reliable source of news.

      I presume that what's actually going to happen is that ARIA are going to be on the Gnutella network, watching what gets downloaded by australian IPs.

    6. Re:Scare tactics as usual by NoMaster · · Score: 2, Informative

      The logic is quite erronious: labels have been losing sales not due to competition/substitution from downloads, but from a lack of new, fresh product to sell. ... Sales would drop even with zero downloading.
      Actually, even that is erroneous (or, at least, not backed up by the facts).

      A couple of days ago, ARIA were feeding the "OMFG! Illegal downloads are ruining the poor, struggling, defenceless record industry in Australia" line to the media, and the media were dutifully repeating it far and wide. But anyone who actually took the time to read ARIA's own press release learned a different story : the value of CD sales fell 5%, but actual sales rose by 8%! Not to mention the whole wholesale market - CDs, downloads, and god knows what else they count (ringtones?) - rose by a whopping 27%!

      (Thoughtful aside: when the media in this country can't even report a fuckin' press release properly, how are you supposed to believe anything else they tell you???

      But I won't turn this into a rant against the Australian media industry. I did that yesterday... ;-)

      --
      What part of "a well regulated militia" do you not understand?
    7. Re:Scare tactics as usual by krowe+(LinuxZealot) · · Score: 1

      Its easier to buy the CD and rip. No it isn't, not even close.
  5. What's that mean for America?? by Anonymous Coward · · Score: 0

    WOW that's really harsh!! I just hope America doesn't follow suit and make a similar law here. Dammit Austratila, what in the hell did you have to go and do that for??

    1. Re:What's that mean for America?? by SleepyHappyDoc · · Score: 1

      It would be impossible to implement over here. There may not be enough competition in the broadband market, but there's enough that someone will say no to the RIAA and gain a significant competitive advantage if they do.

      --
      Stasis is death. Embrace change.
    2. Re:What's that mean for America?? by pla · · Score: 1

      There may not be enough competition in the broadband market, but there's enough that someone will say no to the RIAA and gain a significant competitive advantage if they do.

      Not to mention that most US broadband providers have limited regional monopolies in exchange for universal access. If they start cutting people off, they can expect a spanking first from the local PUCs and then from the class-action lawyers. Wouldn't look all that pretty.

    3. Re:What's that mean for America?? by Anonymous Coward · · Score: 0

      As opposed to what? getting sued and potentially losing your house? Whilst its still a crappy idea I think its the lesser of 2 evils.

  6. Missing the point... by Chaffar · · Score: 1
    Even if it's never implemented, the mere idea that such a thing is passed as law is enough to scare away current rookie/newbie pirates.

    Until they meet their pirate friend with a 10 Tera collection of Everything Ever Published Ever, and realize that they've been scared by the the boogyman, again.

    1. Re:Missing the point... by dreamchaser · · Score: 1

      TFA says nothing about any new laws. The ISPs are apparantly cooperating with the music industry on this. It's got nothing to do with any new laws or government.

      Yes I know, I actually read the article. I must be new here?

    2. Re:Missing the point... by neil.orourke · · Score: 1
      How do you figure they are cooperating? This quote:

      We had a meeting a few weeks ago with the Internet Industry Association (about the new guidelines) but we're yet to hear back. says to me that the RIAA want to do something, but the ISP's really don't care.

      I can't see how this could ever get off the ground,though. The number of different ways to connect to the 'net here in Sydney is getting bigger and bigger.

      Those with dial-up internet could face having their phone disconnected I'd like to see how this one could be enforced.
  7. greed all over again by chtank · · Score: 1

    Remember, it is all about money, big money, billions of buck that they wnat us to give them. Wish they would pay cops, firemen, teachers, and me so much. And to think, I am a dinosaur, deaf, blind, toothless, feable, crippled. Poor guys, they need the money to send thier kids to college I guess, or to get them a guitar.

    --
    Retired dinosaur, simple user, volunteer, guinea pig
    1. Re:greed all over again by shreyasonline · · Score: 1

      Its the price music companies are paying currently for the unreasonable price they charged everyone for many decades. I still don't understand that these companies are selling licenses and not the songs actually, then why are they charging high prices for CDs while Cassettes are sold cheaper. CDs are lot cheaper now a days than Cassettes then why such price differences.

  8. The danger of precedent... by fyrwurxx · · Score: 1

    OK, so our down-under comrades may have it bad if this goes through, but how much can one expect that the power-hungry RIAA is eyeballing the use of such tactics here in the US?

    That besides, it raises a slew of other questions, like this scenario that could be used as sort of an "SDOS" (single denial of service) attack: Joe Aussie pays for a 3.0mbit link down in Perth, where he also enjoys the comfort and convenience of wireless Internet. How difficult would it be for anyone, and I mean damn near *anyone* to login to his network and start pirating anything from music to movies to God knows what else? Forget WEP encryption, recent articles have demonstrated that most networks could theoretically be cracked in minutes by someone with a decent knowledge of how it works. Never mind the hundreds upon thousands of networks that will go unprotected, and incidentally, exactly what methods will they employ to determine what kind of traffic (legitimate or pirate) is crossing the lines in Australia?

  9. Wifi by LBt1st · · Score: 1

    Sounds like a good time to go war driving!

    1. Re:Wifi by Threni · · Score: 1

      Or get an account in your dog's name.

  10. Re:Monopolies prevent this by owlnation · · Score: 4, Insightful

    That works both ways. If you cut off a (probably large) section of your customer base, you open the flood gates for competition in the longer term. Oh, as well as seriously damaging your brand.

    I don't see why ISP's would agree to do this. It's right up there with... Load gun -> aim at foot -> Fire!

  11. Out of their mind? by Anonymous Coward · · Score: 2, Insightful

    I am sure the ISPs, phone companies will hurry to terminate their contracts and sources of revenues with their own customers, so that the recording industry can make more profit.

  12. Luckily, the alternatives aren't that bad by pembo13 · · Score: 4, Interesting

    Ignore the RIAA and their clones, and their artists. Stay with old music exclusively, or take the money that you would have spent otherwise, and support a local band, there must be at least one in fair distance who you like.

    --
    "Thanks for all the money you paid to us. We've used it to buy off ISO among other things" -Microsoft
    1. Re:Luckily, the alternatives aren't that bad by BoberFett · · Score: 2, Insightful

      Your indie music suggestions works, but old music? Unless you have it on a wax cylinder, chances are that's locked up by copyright and the RIAA members as well. Keep in mind that copyright has been extended retroactively.

    2. Re:Luckily, the alternatives aren't that bad by Anonymous Coward · · Score: 1, Interesting

      Illegally, as well. Most of the terms of copyright are on dirty paper contracts that violate the copyright acts in most countries. Look at Canada's...you're basically free to do whatever, because they won't blow their threat game trying to stop one person.

      Solution B involves a Russian drink favoured by revolutionaries, and the offending ISP.

    3. Re:Luckily, the alternatives aren't that bad by afxgrin · · Score: 1

      I largely listen to freely available music, and I've been looking at Creative Commons licensed music, some of which ain't bad at all.

      If you like electronic music, and need something minimal while you work or play at your computer, you should check out Systrum Sistum, they have a large playlist of 'open source' music plus some other stuff. Unfortunately, with CC music, there needs to be more rock, metal, industrial, punk and hip hop. At least people who like electronic music have a large list of options for free music legally these days. The early demo scene musicians deserve some cred in this respect as many of them have been releasing music for free online for years, sometimes including the source file for the track allowing easy remixes and access to their samples.

      So yes - the RIAA can become irrelevant if we desire.

  13. What if I own the CD's with the songs I'm DL'ing? by IcebergSlim · · Score: 2, Interesting

    I own almost 400 CD's and didn't want to go through the hassle of ripping all of them, so I downloaded a lot of them to put on my MP3 player. It was easier than having to continuously switch out CD's, and the quality of the .MP3's I download are usually better than the ones I rip. (Not to mention that many of my older CD's just don't rip properly.) How is this illegal? Or even immoral?

    Whatever....they'll never stop file-sharing and will play catch-up forever with technology-savvy individuals who are smarter than they are.

  14. The portrayal of women in music videos by Scrameustache · · Score: 4, Interesting

    I think that the decline of music sales coincides with the rise in internet usage not because of the terrible pirates of music, but because of porn. Bear with me, it makes sense if you think about it:

    I used to watch videos for very mediocre music, because the chicks were hot, scantily dressed, and fed this former teenager's fantasies. But today's kids don't need to buy a CD to have fap-fudder, they can get free porn with ease.

    I theorize that the so-called decline of the music industry isn't because of music pirates, as they claim, or because their music suddenly sucks (the monkeys sucked, sucking isn't new), but because they were NOT in the music of selling music, but in the business of selling sexually suggestive material.

    --

    You can't take the sky from me...

    1. Re:The portrayal of women in music videos by Anonymous Coward · · Score: 0

      But today's kids don't need to buy a CD to have fap-fudder, they can get free porn with ease.
      Only a nappy headed ho would say something like this.
    2. Re:The portrayal of women in music videos by Anonymous Coward · · Score: 0

      An intriguingly insightful theory. So now the remaining music market is for that which has some lingering artistic quality, and thus the major record labels are having difficulty fulfilling this need.

    3. Re:The portrayal of women in music videos by BillGatesLoveChild · · Score: 1

      An interesting theory. But "Maybe next time you would like to include an URL with your submission" :-)

    4. Re:The portrayal of women in music videos by JonathanR · · Score: 0, Troll
    5. Re:The portrayal of women in music videos by BillGatesLoveChild · · Score: 1

      Mod parent goblin

      Lucky for me I look at URLs before I click on them. Fellow readers: If you must, click this instead:

      http://en.wikipedia.org/wiki/Www.Goatse.cx

  15. Thieves? by Anonymous Coward · · Score: 0

    How do you steal music?

    1. Re:Thieves? by Anonymous Coward · · Score: 1, Funny

      You download it from someone and then you remotely delete it from his computer.

    2. Re:Thieves? by Anonymous Coward · · Score: 0
      Simple:
      • Break into artists home
      • Find one or more copies of the lyrics/music on paper
      • Remove it from the premises

      CDs can also be stolen this way, thus stealing someones music collection

      However in terms of online music trading you are only using the media w/o authorization. [which depending where you are may or may not be illegal]. In addition to distribute the music you are committing copyright infringement as you have not been authorized to give the material to someone who dose not have a license to use it.

      This is notably a bit different than "stealing" music... might be stealing some potential income from the artists [and a good bit more from the studios], but only if the person(s) where going to buy it if they didn't find it by other means.

  16. Strange strategy, what can we conclude? by Anonymous Coward · · Score: 0

    Isn't the penality for copyright infringement $250,000? If someone is really downloading illegally, why would the recording industry just want to disconnect their Inte'net instead of going for the jackpot? Oh I see, ISPs are happy to disconnect high-bandwidth users based on flimsy evidence, but a judge would require a solid proof.

    1. Re:Strange strategy, what can we conclude? by Paradigm_Complex · · Score: 2, Interesting

      I'm not familiar with ARIA, but maybe they - unlike the RIAA - actually want their business to thrive rather than shifting it to profit-by-suing-customers? Who knows, they may even have legitimate evidence for the copyright infringement in Australia instead of picking a customer to sue from a hat as the RIAA seems to be doing.

      --
      "A witty saying proves nothing." - Voltaire
  17. Re:Monopolies prevent this by HomelessInLaJolla · · Score: 2, Interesting

    With the newly restructured internet those who have been identified as online pirates will only be eligible for ISPs which block all streaming media content.

    The business is going to go the way of automobile sales. Bad credit? No broadband streaming media enabled ISP for you. You might do better at the used car lot down the street and you'll have to take the additional hit of a high interest network nanny so, over the course of five years, you'll pay just as much for that pirate ISP as you would for a new car.

    It'll be the next wave of socially stigmatizing people. "Daddy, how come we can't download music for our iPod?" "Well, kids, a long time ago I was caught copying a floppy disk." *wailing and gnashing of teeth*

    While, down the block, in the house with the gas-guzzling 10-ton SUV belonging to the guy whose second uncle works for MS, whose third nephew is an aide to a state Senator, and whose sister married a middle manager in an accounting firm which manages investments for RIAA lawyers, they'll be streaming Star Wars Episode 15 in hi-def.

    --
    the NPG electrode was replaced with carbon blac
  18. Re:What if I own the CD's with the songs I'm DL'in by monkaduck · · Score: 2, Insightful

    The RIAA and other groups claim that shifting the format (from CD to mp3) constitutes a new license and therefore you need to pay again. I do the same thing as you do, especially if my girlfriend takes the CD and I haven't put it on my computer yet,

    --
    Napalm is nature's toothpaste
  19. Download vs Upload by Falladir · · Score: 1

    I haven't yet RTA, but I expect to find that the difference between downloading and uploading music has been forgotten by whoever wrote the summary. It's terribly frustrating have repeatedly to explain to people that they can download with impunity as long as they don't upload.

    Why can't people get this right even on slashdot???

    1. Re:Download vs Upload by AdebisiTheGamer · · Score: 0

      Umm

      Non-uploaders can and do get targetted by the RIAA.

      Especially when universities and ISPs voluntarily comply with RIAA letters instead of demanding a subpoena.

      They are just a small minority.

      Also, it is nothing for the RIAA to set up an upload station and then trace the connections.

      Thinking you can act with impunity is what leads to a lot of people being caught.

      --
      Adebisi
    2. Re:Download vs Upload by Anonymous Coward · · Score: 0

      Umm, if someone is downloading isn't the person on the other end uploading?
      (A piece of string with only one end?)

    3. Re:Download vs Upload by Falladir · · Score: 1

      Source, please. Wouldn't it be something akin to entrapment if they uploaded music to me and then accused me of infringing?

    4. Re:Download vs Upload by SeaFox · · Score: 1

      Wouldn't it be something akin to entrapment if they uploaded music to me and then accused me of infringing?


      If they uploaded the music to you they would only be entrapping themselves. The parent stated that downloading was okay, it was uploading that was wrong, and you aren't the one uploading if you're the destination.

      But, yeah, I'd like to see a source, too.
    5. Re:Download vs Upload by Falladir · · Score: 1

      Yes. My understanding is that the RIAA are not employing any man-in-the-middle attacks (or if they are, they can't admit to it because it's cracking). Since they aren't in the middle, the only way that they can be aware of the piece of string is to be at one end or the other. When you hear about people getting in trouble for uploading, it is because they uploaded to an agent of the RIAA, who was collecting evidence of infringement.

      When they go to court, they present two kinds of evidence: a screenshot showing a list of the files that the infringer was sharing (some protocols, like kazaa and DC, make it very easy to get this list) and a small set of files that were downloaded to check that the filenames accurately represented the content.

      Anyhow, the gist is that when you upload, they can use this tactic to gather evidence on you. Downloading doesn't put you at *any* risk at all, as far as I know.

    6. Re:Download vs Upload by wharlie · · Score: 1

      All cases have been for "sharing" (uploading), not downloading. If you don't share you won't get sued. Of course this goes against the whole idea of file sharing and if no-one shared there would be no files to download. Which is what the RIAA wants.
      But there will always be people and countries which don't care about the RIAAs agenda and file sharing will continue. The RIAA wants you to think you get sued for downloading to scare naive people into buying their worthless crap.

    7. Re:Download vs Upload by SeaFox · · Score: 1

      But there will always be people and countries which don't care about the RIAAs agenda and file sharing will continue. The RIAA wants you to think you get sued for downloading to scare naive people into buying their worthless crap.

      Why are so many of these court cases about someone getting sued for downloading music then, if it's only uploading you're not supposed to do?

      That's why I want a source for this statement, is makes no sense given what it actually happening.
    8. Re:Download vs Upload by wharlie · · Score: 1

      Both are illegal, uploading and downloading, but is much harder to prove downloading than uploading. Also if they get you for uploading they can sue you for what "they" consider to be the loss from each upload from you (RIAA guestimate), if they sue you for downloading they can only sue for the loss from on sale.

    9. Re:Download vs Upload by Falladir · · Score: 1

      Why are so many of these court cases about someone getting sued for downloading music then
      There aren't. I don't know of any (and I'm not seeing links indicating that I'm wrong when I say there have been none). You've been confused by sloppy wording. It's regrettable, and it's exactly what I was complaning about in the ancestor comment.
    10. Re:Download vs Upload by nauseaboy · · Score: 1

      I find this to be incorrect. I wasn't sued. But the MPAA sure did send me a nasty letter for downloading T.V. shows, and my ISP turned off my internet for two weeks, and then demanded that I either submit to federal jurisdiction or write were I put the file on my computer and how it was removed. I of course chose the option C. Cancel my account and take my business elsewere. But it stands to reason in my mind, that if i'm being threatened in this way for downloading, then they have the means to back it up.

  20. 3+1=4? by Gates82 · · Score: 2, Funny
    Doesn't sound like three strikes to me. Three written warnings and then on the next offense the services is terminated. Isn't this 4 strikes and you are out? Is this Australian baseball rules?

    --
    So who is hotter? Ali or Ali's sister?

    1. Re:3+1=4? by z3d4r · · Score: 1

      The average Australias understanding of baseball is at about the same level as the average Americans understanding of cricket

      --
      You shall know him by his Sig
    2. Re:3+1=4? by hashish · · Score: 1

      haven't ya got it by now? Baseball is an american game, the rest of the world doesn't care for it.

    3. Re:3+1=4? by Anonymous Coward · · Score: 0

      haven't ya got it by now? Baseball is an american game, the rest of the world doesn't care for it. You forgot Japan.
  21. four words by AdebisiTheGamer · · Score: 0

    Owner free file system.

    http://thebighack.org/modules.php?op=modload&name= News&file=article&sid=622&mode=nested&order=0&thol d=0

    Even in Australia they can start to fight back.

    Sorry for the long assed url

    --
    Adebisi
  22. How does this make any sense? by Anonymous Coward · · Score: 0

    How do you tell the difference between those illegally downloading music and those legally downloading it (i.e. they already have the album, but their CD-ROM broke so they need to download the track to play it on their PC because they don't own a stereo)?

    1. Re:How does this make any sense? by BoberFett · · Score: 1

      That is not legal. Downloading it still making a copy, which is prohibited under copyright. Should it be covered under fair use? I'd say definitely, but I don't think that particular issue been tested by the courts yet.

    2. Re:How does this make any sense? by DamnStupidElf · · Score: 1

      That is not legal. Downloading it still making a copy, which is prohibited under copyright. Should it be covered under fair use? I'd say definitely, but I don't think that particular issue been tested by the courts yet.

      Of course it's legal. Just look at all the shareware and commercial trials that can be downloaded over the Internet. It's also completely legal to accept the copy of copyrighted web pages that HTTP servers send you. The key is that the network transfer of the work is considered to be an actual transfer, just like getting handed a CD with the work on it. It has been upheld in several cases that caches, proxies, and store-and-forward routers do not infringe copyright by holding ephemeral copies of copyrighted works, so it makes sense that downloading something from the Internet is just as legal as accepting a CD from someone, e.g. if you know the CD is stolen, you can't accept it just like you can't download software from War3z-R-Us and claim it was a legitimate copy. In short, the burden of following copyright law falls almost entirely on the uploader.

    3. Re:How does this make any sense? by cammoblammo · · Score: 1

      Are you talking Australian or US law? Because this is most certainly illegal in Australia.

      --

      Cogito, ergo sig.

    4. Re:How does this make any sense? by cpt+kangarooski · · Score: 1

      I don't know about Australia, but in the US, at least, you're quite wrong.

      Downloads from the Internet are generally either 1) of public domain material (e.g. US government works, works where the copyright expired or was given up, uncopyrightable works), 2) copyrighted but licensed by the copyright holder, either expressly, or implicitly based on the conduct involved (e.g. almost all authorized web sites, home pages, etc., since it is implied that when the copyright holder has works put online that people can freely look at them, making incidental downloads in order to do so), 3) put up pursuant to some exception in the law (e.g. thumbnail images might fall under fair use), or 4) are put up unlawfully.

      Also, downloads are not transfers of anything. US copyright law was mostly written with the idea that copies are things like books or records. It's not all that well designed for computers. In particular, it defines a copy as a material object in which a work is fixed, and prohibits the unauthorized creation of copies. Since it is impossible to move material objects over telecommunications networks (I've tried to stuff a CD down the ethernet cord, but it just won't go. It works in cartoons, but not in the real world, I guess) it is necessarily the case that the downloader is creating a new copy when he downloads. This is illegal. It is absolutely not the same as accepting a tangible CD from someone. Instead it is like looking at their CD and making your own.

      Finally, the courts have ruled that the party liable for downloading is the party that directly causes it to occur. Since most people on the P2P networks are not forcing your computer to download music against your will or without your involvement, and since your computer does download when you instruct it to, it puts the liability for downloading on you, the downloader. The uploader, meanwhile, is breaking other copyright laws, but he's not directly on the hook for your downloads; that's on you.

      I would suggest looking at the Napster case and the Intellectual Reserve case for more on this.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    5. Re:How does this make any sense? by catprog · · Score: 1

      The downloader does not create a new copy. It is the server that creates the copy and gives it to you.

      --
      My Transformation Website
      Kindle Books http://www.catprog.org/rev
      Interactive CYOA http://www.catprog.org/st
    6. Re:How does this make any sense? by cpt+kangarooski · · Score: 1
      No.

      Remember (since we're discussing US law), the law defines a copy as a material object in which the work has been fixed. A paperback book is a material object. A vinyl LP is a material object. A canvas is a material object. A hard drive is a material object. A stick of RAM is a material object. Mere information is not.

      And colloquial definitions are irrelevant, since the law has specially defined this term. Only the legal definition matters to the law.

      I dare you to show me one site on the Internet from which you can download a hard drive. I want to be able to connect my laptop (which has only one hard drive) to some website or torrent, and twenty minutes later the laptop has two hard drives because it downloaded the actual, tangible, drive. I dare you to show me this. Maybe if you live in the Star Trek universe this is an everyday event. But if you live, as seems more likely, in your parents' basement, it never ever happens.

      When Alice has a file on a server and Bob downloads it, what happens is that Bob cause his computer to request information from Alice's computer. Alice's computer responds and sends information to Bob. But it does not send a copy because hard drives do not travel over Ethernet. When Bob's computer receives that information, it writes it to various storage media, such as RAM, or hard disks. By doing that, it creates a new copy, namely, that RAM, or those hard disks.

      So yes, the downloader's computer is where at least some, which is enough, new copies are being made.

      And who caused this to happen, who bears the responsibility? That would be the downloader. Really, the only situation in which the downloader could convincingly argue that it wasn't his volitional act that caused the infringement would be if someone else had control of his computer and was making it do that. Of course, just how likely is it that someone would actually do that? In my experience, hackers don't bother getting root on someone else's computer just to download mp3s. Intermediaries, e.g. ISPs (particularly in the days before the 17 USC 512 safe harbor) tended to have better luck with that line of argument, though they won by shifting blame to the downloader, so not much help for you there.

      The uploader could be argued to be liable as well under a theory of secondary liability, but really he has engaged in either distribution (or public performance or display, really, but the courts like distribution for some reason), which is exactly as infringing, but in a different way, and which we don't really have to concern ourselves with here.

      This is why we ultimately see things like the Napster opinion:

      We agree that plaintiffs have shown that Napster users infringe at least two of the copyright holders' exclusive rights: the rights of reproduction, 106(1); and distribution, 106(3). Napster users who upload file names to the search index for others to copy violate plaintiffs' distribution rights. Napster users who download files containing copyrighted music violate plaintiffs' reproduction rights.


      I trust that you have a better understanding of this now.
      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    7. Re:How does this make any sense? by DamnStupidElf · · Score: 1

      When Alice has a file on a server and Bob downloads it, what happens is that Bob cause his computer to request information from Alice's computer. Alice's computer responds and sends information to Bob. But it does not send a copy because hard drives do not travel over Ethernet. When Bob's computer receives that information, it writes it to various storage media, such as RAM, or hard disks. By doing that, it creates a new copy, namely, that RAM, or those hard disks.

      If you really want to boil it down, when Bob requests information from Alice, Alice has to read the data from her hard disk (which has in addition to the original work, a derivative work in the form of error correcting codes), the hard disk stores a copy of the original work in its cache, the drive copies the information onto the data cable, the controller copies it into internal registers and then copies it onto the system bus when appropriate (either via DMA or when the CPU issues in IO read instruction). For DMA transfers, the information is copied directly into system RAM, for direct IO the CPU copies the information off the bus into internal registers and the cache, then copies it into internal RAM. To actually send the data to Bob, the CPU then copies the data from memory (requiring a read into the CPU and cache for each byte/word of the data) into a second copy in a network buffer (some OS's use scatter-gather to keep the data in one memory buffer and skip this step), then the CPU has to copy the data back over the IO bus to the network card/modem which requires more loads, caching, and stores. Finally, the network card or modem copies the data onto whatever network it's connected to.
      In this relatively simple example, there are at least 8 copies made by Alice's computer. That doesn't even include the case where intermediate P2P software accesses the data from the disk, copies it and hashes it, and does whatever else before finally sending it to the network stack. It's inconsistent for the court to rule that infringement of reproduction rights does not occur when Alice makes her copies, but does when Bob makes his copy to his hard drive, because EULAs have been ruled valid on essentially the same claim; that Alice has to make internal copies of software she has purchased in order to use it.

      And who caused this to happen, who bears the responsibility? That would be the downloader. Really, the only situation in which the downloader could convincingly argue that it wasn't his volitional act that caused the infringement would be if someone else had control of his computer and was making it do that.

      If Bob asks Alice to violate a law, and she violates it, she is fully responsible for her actions unless she was coerced. Bob might have accessory charges or be charged with contributory infringement, but it wouldn't affect Alice's culpability.

    8. Re:How does this make any sense? by cpt+kangarooski · · Score: 1

      a derivative work in the form of error correcting codes

      I would find it difficult to characterize checksums or parity as derivatives. More likely they're either irrelevant (checksums) or just part of the overall reproduction (parity; see the videogame cases from the early 80's).

      It's inconsistent for the court to rule that infringement of reproduction rights does not occur when Alice makes her copies, but does when Bob makes his copy to his hard drive

      In the past, when someone has actually bothered to raise the issue, the courts have found it to infringe. But usually, who cares? Since statutory damages are calculated per work, not per infringement, and since compensatory damages for the incidental copies would be overvalued at a nominal sum of $1, no one cares about them. The point is to get all the direct infringers you can, and from there to get the indirect infringers. This used to be of some interest when there were ISPs who were intermediaries and who had deep pockets, but they usually fall under the safe harbor now.

      If Bob asks Alice to violate a law, and she violates it, she is fully responsible for her actions unless she was coerced.

      You'll find that it is more nuanced than that. Again, the 512 safe harbor has really taken over here, but for an earlier case dealing with these issues, I strongly suggest you read Religious Technology Center v. Netcom. Of course, the reason we have the safe harbor is because not every court followed this particular logic. The uncertainty was not good for the Internet.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    9. Re:How does this make any sense? by DamnStupidElf · · Score: 1

      I would find it difficult to characterize checksums or parity as derivatives. More likely they're either irrelevant (checksums) or just part of the overall reproduction (parity; see the videogame cases from the early 80's).

      If a portion of the work can be recovered from the parity, doesn't that make it a derivative work? For instance, CDs using CIRC carriy 1 byte of parity for every 3 bytes of data, That means if the data itself could be split from the parity, there would be one perfect copy and one degraded copy (approximately 8 bit mono, versus the 16 bit stereo of the CD). If the parity was increased, the ratio of data bytes to parity bytes could be lowered further to produce increasingly accurate representations of the data. After there are more parity bytes than data bytes, a subset of the parity bytes can be used to recover the entire data. Another interesting possibility is secret sharing where data is split into multiple pieces of which some number are required to reassemble the original work, and without a sufficient number no information can be obtained. Would it be illegal to split a copyrighted work into three pieces, of which any two were required for reconstruction of the work, and then share the pieces individually? No portion of the actual work would actually exist in any of the pieces, just a mathematical relationship that allowed the work to be reconstructed from at least two pieces. See Shamir's secret sharing algorithm for instance.

      In the past, when someone has actually bothered to raise the issue, the courts have found it to infringe. But usually, who cares? Since statutory damages are calculated per work, not per infringement, and since compensatory damages for the incidental copies would be overvalued at a nominal sum of $1, no one cares about them. The point is to get all the direct infringers you can, and from there to get the indirect infringers. This used to be of some interest when there were ISPs who were intermediaries and who had deep pockets, but they usually fall under the safe harbor now.

      Every RIAA lawsuit I've heard of has targeted uploaders, perhaps because it's the only way they can find filesharers and still have a case, so it certainly seems that creating a copy and sending it over the network is considered infringement. The cases I've looked at claim both reproduction and distribution infringement. Looking at RTC v Netcom I found MAI SYSTEMS CORP. v. PEAK COMPUTER, INC., 991 F.2d 511, which ruled that simply loading software from permanent storage into RAM constituted the creation of a physical copy, which is apparently the same argument used to enforce EULAs.

      You'll find that it is more nuanced than that. Again, the 512 safe harbor has really taken over here, but for an earlier case dealing with these issues, I strongly suggest you read Religious Technology Center v. Netcom. Of course, the reason we have the safe harbor is because not every court followed this particular logic. The uncertainty was not good for the Internet.

      As far as I can tell, the difference is that service providers do not necessarily know the legal status of the content they allow users to store and transfer. On the other hand, someone running P2P software will usually know which files are being shared and their legal status, although this is not always the case. As the Napster case showed, even direct knowledge that a service is being used for illegal activities is enough to warrant contributory copyright infringement.

    10. Re:How does this make any sense? by cpt+kangarooski · · Score: 1

      If a portion of the work can be recovered from the parity, doesn't that make it a derivative work?

      That would just make it a portion of the original work, expressed differently, but not derivative. This is why I had mentioned the videogame cases from the 80's. The question arose, IIRC, whether the audiovisual portion of the game was copyrightable since it varied depending on user interaction with the fixed software, and the court found that it was since the same inputs would produce the same outputs. With the parity, the parity data always represents a portion, effectively, of the file. It doesn't recast the work, though.

      Your secret sharing thing wouldn't fly either for the same reason. Remember, a work is fixed if it can be perceived naturally or with the aid of a device. Recombining the secret would qualify, meaning that the split secret still embodies the work and thus can't be freely copied.

      Every RIAA lawsuit I've heard of has targeted uploaders, perhaps because it's the only way they can find filesharers and still have a case, so it certainly seems that creating a copy and sending it over the network is considered infringement.

      Uploaders are easier to find and lower in the food chain. Knocking out a downloader has no beneficial side effects for RIAA. Knocking out an uploader might cut off some downloaders or at least force greater competition for scarcer uploading resources, so that's better for them. This is also why they went for the networks first of all.

      Also, you can't create a copy and send it over the net, if you're talking about what you appear to be talking about. A copy in copyright terminology is not the same as the colloquial word 'copy' in the computer context.

      loading software from permanent storage into RAM constituted the creation of a physical copy, which is apparently the same argument used to enforce EULAs.

      EULAs really have little to do with copyright law, due to 17 USC 117, and more to do with sales law (see e.g. ProCD and Klocek).

      As far as I can tell, the difference is that service providers do not necessarily know the legal status of the content they allow users to store and transfer.

      Also, automated systems they provide, which users use, are not very volitional from their perspective. They set them up, but they respond automatically after that.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
  23. who cares about streaming? by davidwr · · Score: 2, Informative

    For pirates, streaming isn't important, bits-per-day is.

    If ISPs limit bandwidth that may have some impact, but removing streaming won't.

    If necessary, pirates will disguise their traffic as whatever is allowed under the current anti-piracy regime.

    --
    Knowledge is how to play a game, intelligence is how to win, wisdom is knowing what game to play.
    1. Re:who cares about streaming? by eneville · · Score: 2

      For pirates, streaming isn't important, bits-per-day is.

      If ISPs limit bandwidth that may have some impact, but removing streaming won't.

      If necessary, pirates will disguise their traffic as whatever is allowed under the current anti-piracy regime. yeah thats what i was thinking. torrents and stuff will now just contain a single zip file that contains the rest of the payload, in order for the traffic to be less detectable. i would say that torrent is going to show up like a sore thumb.
    2. Re:who cares about streaming? by HomelessInLaJolla · · Score: 0, Troll

      For pirates, streaming isn't important, bits-per-day is Who cares about arguing? It will play out the same. If you've been identified as an online pirate (right, wrong, or indifferent), you'll be relegated to heavily monitored and restricted ISPs. The GP was right--the ISPs aren't going to lose the customers, and all the more easy to fleece them with extra fees by playing the guilt trip,"Well, it says right here that you were identified by ARIA/RIAA/MPAA as an online pirate, so, we're sorry, but this enormous payment with a high interest loan for this five year old car with 85k miles on it is the best we can offer you. If you wanted to have more than 500k/day you should've thought about that before you started using KaZaa."

      You just wanted to argue with the homeless guy because, like, of course you obviously know more than he does. You're white and he's black--that's all there is to it.
      --
      the NPG electrode was replaced with carbon blac
    3. Re:who cares about streaming? by JimDaGeek · · Score: 0, Troll

      Huh? You are an idiot. Seriously. How in the world did you come up with your "opinions"? Jeez, you are not even close.

      --
      General, you are listening to a machine! Do the world a favor and don't act like one.
    4. Re:who cares about streaming? by Anonymous Coward · · Score: 0

      Dude, you are sliding downhill. In a few more years you'll be the guy spinning around to yell at the invisible people.

    5. Re:who cares about streaming? by Anonymous Coward · · Score: 0

      Your self identifying as a homeless person just so you can play the oppressed minority sympathy card?

      And for the homeless?? People choose to be homeless dude.

    6. Re:who cares about streaming? by Anonymous Coward · · Score: 0

      Not sure if you really are homeless or not (it doesn't really matter in making my point), but you certainly opened up a serious can of shit. You have single-handedly and unwittingly pointed out to the entire world how fucked up Americans really are. Here we have a bunch of pricks talking about personal responsibility without any regard for why you are on the streets in the first place. Maybe you were a vet and watched 8 of your buddies get blown to fucking pieces by a claymore... you survived but spent 4 years of your life in rehab being counseled by a $25k a year social worker who hasn't the slightest fucking clue what you went through. Or maybe your parents beat the ever living shit out of you as a child and at every opportunity, reminded you of how worthless you were to them. Hell, perhaps you were born with a neurological disorder and come from a background where getting treatment for such a condition is beyond the realm of financial possibility... Oh, but I'm just looking for excuses for him, right?

      Well my friend, in this land of opportunity, it doesn't fucking matter if any of these circumstances or any like them is the case because these assholes will always say that "Joe Blow Somebody was abused as a kid, blown up by a land-mine, and tortured in a VC bamboo hut for 8 years, and he... well, he's a billionaire! See anyone can do it! What's your problem?"

      According to these scumbags, you are a lazy, worthless individual. Well fuck them, bro. You don't have my pity (you don't need it), but you have my understanding. I know what this world can be like and the folks you've been chatting with here are one of the reasons that I say human beings suck. I'll bet they think they're good ole' God-fearing Christians, too... self-serving cock suckers criticizing you about hand-outs when they no doubt would be more than happy to take one themselves. It makes me sick.

  24. Take the thieves from the internet... by Anonymous Coward · · Score: 0

    and I'm sure they'll just started looting the shops. Haven't they thought about this!

  25. I wonder by YetAnotherBob · · Score: 1

    I wonder what is going to happen when the politicians who have sold thier souls to the record industry group realize that the people who they sold out are VOTERS. it doesn't take a very large group of extreemly motivitated people to swing an election.

    I predict an interesting time in Aussie politics in about 3 years. Then, Payback time.

    --
    Everybody knows 3 people with my name.
    1. Re:I wonder by KeensMustard · · Score: 1

      I wonder what is going to happen when the politicians who have sold thier souls to the record industry group realize that the people who they sold out are VOTERS. it doesn't take a very large group of extreemly motivitated people to swing an election.

      I predict an interesting time in Aussie politics in about 3 years. Then, Payback time.

      Don't quite follow the timing on that one. According to the AEC http://www.aec.gov.au/_content/When/elections/faq_ elections.htm#earliest the next election will be on or before 19 January 2008. That puts your 3 year prediction in the middle of the electoral cycle.

      In any case, I doubt that copyright issues will rate a mention in the federal election. The touchpoint issue for Australians right now is climate change.

    2. Re:I wonder by petermgreen · · Score: 1

      it doesn't take a very large group of extreemly motivitated people to swing an election from one major party to another.

      but if all the major parties are in bed with the copyright cartel swinging the election away from said cartel will be much harder.

      --
      note: i'm known as plugwash most places but i screwd up registering that here somehow in the past and now can't register
    3. Re:I wonder by YetAnotherBob · · Score: 1

      That's how new parties get formed. We're getting close to that in the US right now. Both major parties have lost touch with all but the lobbiests.

      --
      Everybody knows 3 people with my name.
    4. Re:I wonder by petermgreen · · Score: 1

      right you are, i'm just saying that getting a new party to an election victory is MUCH MUCH harder than swinging an election between the majors.

      It can be done but it is very difficult to get people to look past thier "vote for the less bad major candidate" thinking.

      --
      note: i'm known as plugwash most places but i screwd up registering that here somehow in the past and now can't register
  26. I almost hope something like this succeeds by koreth · · Score: 4, Insightful

    (Almost.) If a system like this were put in place and rigorously enforced, and after a year the Australian music industry still saw declining sales, it would put a pretty big nail in the coffin of the "our industry is dying because of you filthy pirates" argument. The industry goons will not stop bleating that until it becomes such a ridiculous claim that any reasonable person reacts to it with derisive laughter instead of seriously considering it.

    If, on the other hand -- unlikely though I think it is -- their sales shot up all of a sudden, then people like me would be forced to admit we were wrong. Which honestly I'll be happy to do if there are convincing hard numbers that contradict my point of view.

    On the other hand, it's not worth causing so much trouble to so many people just to test a theory, which is why I'm only "almost" in favor of this.

    1. Re:I almost hope something like this succeeds by Anonymous Coward · · Score: 1, Insightful

      You can guarantee the RIAA would make sure the figures "proved" this new lockdown was working ... just like they now "show" that p2p is killing sales.
      Noone can understand RIAA (ARIA/etc) "creative accounting" as currently practiced - so the figures are easily fudged.

  27. fine if... by nanosquid · · Score: 4, Insightful

    That's fine... if ISPs are held financially responsible for the losses they cause when they disconnect someone groundlessly. Losses includes lost productivity, time spent on trying to get the service reconnected, lost business, distress, etc.

  28. "...more than one billion songs..." by fuego451 · · Score: 3, Insightful

    So, each Internet user in Australia is down loading more than 100 songs a year? Sounds like the usual hype, smoke, mirrors and bs the riaa uses in the US.

    1. Re:"...more than one billion songs..." by Anonymous Coward · · Score: 0

      I haven't downloaded any. So SOMEBODY must be downloading 200.

    2. Re:"...more than one billion songs..." by chrism238 · · Score: 2, Informative

      Ummm, been doing maths long? That'd be 700 songs per user per year.

    3. Re:"...more than one billion songs..." by chrism238 · · Score: 1

      Oh bugger! Back to Maths School for me!....

    4. Re:"...more than one billion songs..." by fuego451 · · Score: 1

      Not to worry. I'm sure ARIA and RIAA would be more that happy to accept your numbers. :(

  29. Slash-egos prevent this by Anonymous Coward · · Score: 1, Insightful

    "I don't see why ISP's would agree to do this. It's right up there with... Load gun -> aim at foot -> Fire!"

    Unsurprisingly slasdot wouldn't. Seeing other POVs isn't a strong point around here, so I'll help you out. Bandwith hogs* is a valid reason. Get rid of the illegal traffic clogging the networks and money is saved all around.

    *And to cover the follow-up complaints. One people who abuse the networks aren't customers, and two no one else will want them either so running to someone else will not work. And last I don't think they're as big a group as chest-beaters would like to think. Oh and as far as the "competition" angle. Well all you abusers please feel free to start your own "pirates" ISP. A heavy dose of reality is long overdue for all of you.

    1. Re:Slash-egos prevent this by giorgiofr · · Score: 1, Informative

      1. Please explain how using the connection I bought within the limits set by my contract is "abuse". What do you mean, I don't have any limits? That's because I bought the expensive UNLIMITED connection, duh. 2. Not as big a group? *Everyone* I know who's not afraid of double clicking an icon downloads stuff 24/7. 3. Pirate ISPs? BRILLIANT! All we need is a VPN, and then oh-im-so-sorry-mr-isp, all my traffic is encrypted :)

      --
      Global warming is a cube.
    2. Re:Slash-egos prevent this by kdemetter · · Score: 2, Insightful

      I disagree . people who download much (like pirates) will probably pay for higher bandwidth . So if they reduce your bandwidth , you should pay less . so they will lose money .

    3. Re:Slash-egos prevent this by phulegart · · Score: 4, Interesting

      Have you ever been in an internet cafe where the girl two seats over has got 12 tabs open in her copy of Firefox, and each one is a different YouTube video loading up? What do you think that does to the bandwidth? How about downloading music videos from Yahoo Music? Think that is nice and kind to your bandwidth?

      Have you ever legally downloaded television episodes before? You know, it's just one of the many completely legitimate uses for BitTorrenting. Guess what? You can get yourself distros of Linux with Torrents too. But, they should just be lumped in with Pirate Useage of bittorents, right? HELL, since all this pirating is being done via Downloading, why don't we eliminate downloading alltogether? No more updates, patches, fixes, no more digital distribution of Movies or iTunes, that way we KNOW all those nasty software pirates can't get their booty, aarr, matey.

      The fact of the matter is that downloading large files is NOT illegal, nor is it a violation of your contract with your ISP. The size of the file has nothing to do with whether or not the contents of those files are pirated. A little FYI, does the name Angelfire ring a bell? You know a free web host that limits the amount of space and bandwidth their free customers get? Do you know how Angelfire (and other hosts like them) was used to promote Piracy? Pirates would sign up with multiple accounts, and break their large files into a ton of small, 2 to 3 meg zip files, then put one little zip file on each account. So how do you monitor for that? People are loading larger files (than those) in rapid succession (the same way) from legitimate sources.

      How do you stop me from pirating software while I am at an internet cafe or coffee shop with free WiFi? Especially if I am using my bandwidth throttle so I DON'T eat up all the bandwidth from everyone around me. Face it. Pirates are actually much more accomodating, far more civil, and much more aware of exactly what they are doing, as opposed to you. You still think that all those bandwidth hoggers must be downloading illegal software or porn.

      *shudder*

      --
      "I love deadlines. I love the whooshing sound they make as they fly by." -D. Adams
    4. Re:Slash-egos prevent this by Anonymous Coward · · Score: 0
      Bandwith hogs* is a valid reason. Get rid of the illegal traffic clogging the networks and money is saved all around.

      So then you're saying that the AIRA is doing this to help the ISPs weed out their heavy users? How kind of them. Your entire post has nothing to do with the actual facts of the story. Apparently you had no good counter-argument to the actual topic, so you made up your own.

  30. duh! by McGiraf · · Score: 1

    it's seem that the best way to defend against this is to promote the hell out illegal downloading so everybody does it.
    When the ISPs have disconnected half of their customers maybe they will think again about this deal. :)

  31. One Word. by greedyturtle · · Score: 2, Informative

    PeerGuardian. Cox Cable in Florida uses the same policy. One request from any random media company and they cut off your bandwidth. Give 'em a call and they warn you that you have two more chances and then they turn off your cable. Don't ever get Cox if you have a choice... but not because of this - they just stink in general. I installed PeerGuardian2 when I got off the phone with them, and haven't had an issue since.

    1. Re:One Word. by Anonymous Coward · · Score: 0

      Blocking IPs is stupid. The RIAA and MPAA have already stated that they use residential-type broadband connections when using P2P as a response to this. That renders PeerGuardion impotent.

      You should just stop downloading any of their shit. Its that simple. Most of the quality music isn't tied to a major label for obvious reasons.

  32. To My *IAA Buddies by Anonymous Coward · · Score: 0

    backup complete bitches... sue me, term me, eat me

  33. Re:Monopolies prevent this by Original+Replica · · Score: 5, Insightful

    "If they cut you off, you're done."

    In the States that's the fastest way to bring on an anti-monoploy suit. What are the legal ramifications of a non-government organization that could "cut you off" form a significant section of society? Will the ISP hold a "trial" to allow the customer to deny or defend the charges?

    --
    We are all just people.
  34. What the... by Cheapy · · Score: 1

    When can I get in "talks" with ISPs to change their guidelines?

    --
    Would you kindly mod me +1 insightful?
  35. The ISP response by russotto · · Score: 3, Funny

    According to TFA: "We had a meeting a few weeks ago with the Internet Industry Association (about the new guidelines) but we're yet to hear back.

    Yeah. The IIA is probably still working on getting "Sod off, wankers!" translated into legalese.

  36. MPAA already using similar tactics by dutchmonkey · · Score: 1

    The MPAA is already using similar tactics in the US. Cox Communications once put a hold on my account because a DVD rip was found on my account. Once I called tech support they explained that on the first and second offense access was simply suspended until the client called in, and the account would be suspended after the third violation. He then went on to say that it was the MPAA scanning P2P networks, rather than the ISP. We even ended up chatting about different firewalls and ways to avoid getting caught.

    Now it was my fault...I had turned off my firewall for work, and forgot to bring it back up when I was finished. So shame on me. But the bottom line is that this practice is already in place with at least one major American ISP and MPAA properties...

  37. over one billion severed? by morethanapapercert · · Score: 3, Informative
    Let's see here, ARIA is claiming >1,000,000,000 songs downloaded every year by Australians. According to Wikipedia, .au has a population of 20,788,357. This results in 48 songs for every man, woman and child in Australia every year* (I can't be bothered to RTFA, how long have they been doing this?) I dunno about you, but to me that looks more like an unexploited potential market. This is even more true when you consider that not every person in Australia has an Internet connection and of those who *do* have a connection, not all choose to infringe on corporately owned copyrights by downloading music without ARIA's blessing. Based on hearsay and such, I'll make a wild guess and say it's more like ten million Aussies downloading >150 songs each per year. That's only roughly 600MB per person/account but I've heard that Australia has poor long haul connections to the rest of the world, so downloading that much from other people around the world shows a great deal of interest. Ten million music fans, all heavy consumers and the **IA can't figure out a working micro-pay/pay-as-you-go music download system?








    *For the sake of simplicity, I ignore Tasmania and the other islands, although I'm sure ARIA is counting them. I also round off the decimals

    --
    I need a wheelchair van for my son. Help me get the word out. https://www.gofundme.com/wheelchair-van-for-jj
    1. Re:over one billion severed? by KarlHMarx · · Score: 0

      Well, according to the article, 18% of Australians downloaded an average of 30 songs a month. So given a population of 21 million, that means about 4 million people download music. @ 30 songs a month, every month, that's 1.3 billion songs.

    2. Re:over one billion severed? by cpt+kangarooski · · Score: 1

      No, you're off by an order of magnitude. 4 million times 30 is 120 million.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    3. Re:over one billion severed? by Anonymous Coward · · Score: 0

      The GP post is correct. The parent poster forgot 12 months * 120 million.

    4. Re:over one billion severed? by dasmoo · · Score: 1

      I'm sure he's saying 1.3 billion per year. (1.44 actually)

    5. Re:over one billion severed? by j00r0m4nc3r · · Score: 1

      The recording industry making inflated, sensational, bogus claims?!? Unthinkable.

    6. Re:over one billion severed? by zsau · · Score: 1

      FWIW, the population of Australia includes the population of Tasmania, at least on the Wikipedia article. "Australia" usually refers to the country, not the continent.

      --
      Look out!
    7. Re:over one billion severed? by thegrassyknowl · · Score: 1

      Ten million music fans, all heavy consumers and the **IA can't figure out a working micro-pay/pay-as-you-go music download system?

      The problem with this is i think a great-many of the people who download a shitload of music are the unemploted, the low income earners and kids. Sure, there's probably a handfull from other demographics as well.

      Music is expensive. A CD single here can cost between $7 and $10 depending on the artist and the label. A new release CD can cost between $25 and $30, again depending. Not to mention the price of DVDs.

      The prices of music do not fall with time either. It's still possible to go into a record store and pay full price for a CD that was released 20 years ago. It's absolutely crazy. I tend to shop at bargain bin CD stores because I really don't like new music anyway and it's much better to find something great for $10.

      The business model of "let's make enormous profits to pay our fat, oversized salaries at the expense of the consumer" should be what the government regulates... If you make a product that everybody needs but nobody can afford what do you think is going to happen? Soon they'll start charging you for the rain that falls on your property because that rightly belongs to the water company and you should be buying it from them!

      --
      I drink to make other people interesting!
    8. Re:over one billion severed? by Heir+Of+The+Mess · · Score: 1

      Taking into account broadband penetration and who can be bothered downloading music - say an overestimate of 5% of the population, then those people are downloading 1000 songs per year each. What I want to know is how the hell they can find 1000 songs worth downloading?

      --
      Australian running a company that does C# / C++ / Java / SQL / Python / Mathematica
    9. Re:over one billion severed? by Tsagadai · · Score: 1

      Not to mention Norfolk, Christmas and Cocos Islands. Tasmania isn't as small as alot of people think and it has broadband too.

  38. I'm out of touch, but ... by tripslash · · Score: 0

    What is so great about today's music that people will either a) buy overpriced CDs or b) blatantly disregard established trade practices (i.e. you purchase what you consume) to get it?

    I've listened to modern music. It sucks. What's worse, it all sounds the same, so that the suckiness permeates the broadcast spectrum, from radio to Wal-Mart.

    Fortunately, the music I prefer is available in the used and discount bins at the local indie record store. I can buy all the oldies I like, rip to some portable format (just once, of course), and not have to bother with the whole business, since I'm a stingy sort, and wouldn't copy my 'personal backup' for anyone.

    Sadly, this silly game of cat'n'mouse will continue for at leat another decade or so. As long as the dealer is a middle-man between the maker and the junkie, and as long as the junkie buys what is being dealt, the --AA traffikers will continue these tactics.

    Musicians/Artists: use teh 'net to hype yourself to get people to come to your shows and spend real money on real stuff and see a real band and hear real music (or see real theater, ...) for a really long time (like 20-30 years) instead of selling out to the machine for a quick $mil$.

  39. Re:Monopolies prevent this by jez9999 · · Score: 1

    From a section of society?? Hell, I remember about 10 years ago when many people didn't have the internet. It's hard to argue, even in this day and age, that it's THAT important.

  40. Shrug, Atlas by Somnus · · Score: 1

    If the Aussie industry's sales are that poor, shutting down must be a viable option. Do it -- then Australia will really understand your worth.

  41. detecting by Anonymous Coward · · Score: 0

    This goes back to how they know what you are downloading is illegal. What ISP is going to capture all of their customers traffic and listen to the songs you download to find out what is legal and what isn't? None.

    So who does that leave to police this? The music industry. So on mere accusations, the music industry can revoke your internet service. There is no burden of proof. Data can be manipulated. If I get pissed at my neighbor and I work for the music industry, all I need to do is insert their IP address into a file of illegal downloaders a few times and they'll lose their internet connection.

    Its truly time for alternative internet services. Preferably some wireless or mesh network-based service that has no central controller...much like packet radio.

    1. Re:detecting by Easy2RememberNick · · Score: 1

      I was just thinking that. Any large urban area with many people using a wireless router, preferably 802.11n, should or could set up a mesh network, if there were several thousand I wonder how easy it would be for users to hop from several routers to surf the mesh network and browse files on someone's home PC based website. Almost like the old BB days.

  42. Re:Monopolies prevent this by EvilIdler · · Score: 1

    Yeah, I think the ISPs would lose a lot of customers - not in protest, but simply because their
    traffic looked like or really was pirated material.

  43. Just two words by memojuez · · Score: 0, Troll

    Sieg Heil!

    --
    Signature applied for, Patent Pending
    1. Re:Just two words by memojuez · · Score: 1

      Okay. The Mod missed the humour there...

      --
      Signature applied for, Patent Pending
  44. Why would ISPs agree to this? by nurb432 · · Score: 1

    If they manage to get laws passed, the ISP's dont have much choice in the matter.

    --
    ---- Booth was a patriot ----
  45. Pure Scare Tactics by gweihir · · Score: 2, Interesting

    ''If you donload music, we will cut off your Internet'' is actually something they dearly would want to do, but it is completely infeasible on a larger scale.

    Think about it:

    (1) They cannot prevent encrypted traffic: Pople working over VPN or SSH, SSL to stores, encrypted email, etc.. Also it is difficult to really ID encrypted traffic and protocol headers can be faked.

    (2) How much bandwidth do music download take? 1MB per minute of music? Even with 28Kbps downstream, i.e. slower dial-up speed, that means a minute of music takes 40 seconds to download. Throtteling encrypted traffic is not going to help. But it will cost ISPs customers that are doing legitimate things.

    All in all this is just one more empty threat in the music industries scare tactics. Just as the others before, it will not work. And it will certainly not fix their basic problems: An outdated business model that does not fit the techological realities and a lot of bad music people are unwilling to actually pay for.

    --
    Most ACs are not even worth the keystrokes to insult them. Be generically insulted by this and ignored otherwise.
    1. Re:Pure Scare Tactics by superphreak · · Score: 1

      (2) How much bandwidth do music download take? 1MB per minute of music? Even with 28Kbps downstream, i.e. slower dial-up speed, that means a minute of music takes 40 seconds to download. Throtteling encrypted traffic is not going to help. But it will cost ISPs customers that are doing legitimate things.

      Um, not so.
      1 MB = 1024 KB.
      28.8 Kb/s ~ 2.8KB/s

      1024 KB @ (/) 2.8 KB/s = 365 seconds / 60 = 6 min.
      So, 1 minute of music would take 6 minutes to download. You're confusing KB and kb... not unusual.

      --
      Evolution is a state-sponsored, state-protected religion.
    2. Re:Pure Scare Tactics by gweihir · · Score: 1

      Ooops, indeed! The argument is still valid, though.

      --
      Most ACs are not even worth the keystrokes to insult them. Be generically insulted by this and ignored otherwise.
  46. They're dreaming by Anonymous Coward · · Score: 1, Insightful

    Australia has a telephone supplier with a "universal service obligation" - there is no way anyone is going to lose their telephone connection. The basic telephone service that they are mandated to supply also has a *fixed* non-timed charge for local calls (ie. the ones you use for ISP connections), so that basic service is all you need.

    Australia also has unbundled services - your internet connection is separate from your telephone service.

    Bottom line:- if your ISP cuts you off, they can't stop your telephone (even if they are the same company)) and you just go elsewhere.

  47. The RIAAs Rights by Gastrobot · · Score: 2, Interesting

    Please don't take this post as being unloving on my part. I know I disagree strongly with the opinions of many people here.

    The prevalent attitude amongst this community of users seems to be that stealing music is morally acceptable because "downloading music doesn't hurt sales", "the RIAA is a bunch of jerks", "I bought the song so nobody should be allowed to tell me what I'm allowed to do with it", and/or "I can't get it anywhere else". None of these reasons justify stealing.

    Does piracy hurt sales? Maybe it hurts them a lot, maybe a little, or maybe it helps them, none of those things give you the right to decide that you can take for free the copyrighted material of someone else. If piracy helps music sales then the RIAA still has the right to stick with an unprofitable business model. It's not for you or I to usurp someone else's rights saying that it's for their own good. From what I read on Slashdot the RIAA seems to target innocent people who already have significant burdens in life or don't know much about computers and networks so that the RIAA can change or clarify laws by courtroom verdicts. That's wrong and Yahweh sees it. For those that think that it's okay to steal from the RIAA because they're evil; that eye-for-an-eye approach to justice is also wrong. If you bought the song online from someone who had the right to sell it then you bought it under the condition that you were not allowed to reproduce and redistribute it. I'm trying to think of how to put this bluntly enough to make it obvious without sounding insulting... You are being provided with a song that you aren't entitled to own at all. You can't take advantage of an offer that you're not entitled to and then cry out "oppression" because it's not everything you desire. Maybe you actually can't get a song in any legal way. Well, it's the property of someone else. If they choose not to sell it then that's their prerogative. People seem to think that they have more rights than they actually do. I think it was last year in France that there were protests over proposed legislation to make it easier to fire an employee. From the perspective of most Americans it is absurd to think of a company being obligated to retain any employee, especially an unprofitable one. Should a company not be allowed to terminate an employee that they feel is doing an unacceptable job, or to let some people go to save the whole company from bankruptcy (note that I'm not saying it's right to let someone end up on the street if it can be avoided)? Likewise this attitude of entitlement to music or the right to do with a digitized song whatever one wants is unfounded.

    1. Re:The RIAAs Rights by Travelsonic · · Score: 0, Flamebait

      I don't think of it as unloving, I think of it as completely unoriginal - same arguments, same logic, same fallacies as before all wrapped in slightly different bread.

      --
      If you believe in privacy, and believe you have "nothing to hide" at the same time, you're a goddammed idiot
    2. Re:The RIAAs Rights by cpt+kangarooski · · Score: 0, Offtopic

      I'd generally disagree. Copyrights are artificial rights granted to authors by the government on behalf of their people. The purpose for granting copyrights is a utilitarian one: copyrights are only acceptable if they are more beneficial to the public than they are harmful. Ideally, copyrights should be fine-tuned so that they provide the greatest public benefit for the least public harm. However, since what the public finds beneficial (more works created and published, no or minimal restrictions on works) tend to not be what authors and publishers find beneficial (fewer works created and published so that there is less competition, inventory, etc., maximal restrictions on the public, better effective protection for established authors and publishers than for newcomers), so authors and publishers will often try to pervert the copyright laws to their own benefit.

      There's no moral component to this whatsoever. It's amoral, like many laws, e.g. building codes. Though if there were a moral aspect, it would favor pirates, who work to preserve and disseminate knowledge, often running an economic loss. The copyright holders seek to restrict access and use of knowledge to those who can pay, and often impose additional arbitrary restrictions.

      While the present law might support them, it is not written in stone that the present law is either immutable or the best law. "I want it" is a perfectly legitimate position for people to take with regards to creative works. It is selfish, but then again, the desire of copyright holders to get artificial monopolies they can exploit for money is equally selfish. If giving them a monopoly of a particular scope and duration is ultimately beneficial to us, then so be it. But we can just as easily reduce or eliminate copyrights, so long as we're willing to live with the consequences of that (some of which would be good, some of which would be less than ideal, none of which would actually get to the point of being bad, however).

      So don't knock the attitude of entitlement. It's well-founded, but people should avoid acting on it when it profits them more to hold off for a little while. Like when you're really hungry, you could go to McDonald's now or you could put up with it for an hour and cook an even better meal for yourself.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    3. Re:The RIAAs Rights by Gastrobot · · Score: 2, Insightful

      I am not necessarily opposed to reforming copyright law. My point is simply that while it is illegal to pirate music it should not be done. You're certainly correct that copyright law should be fine-tuned to benefit society, but right now it is what it is. People seem to say that because the law is bad they should be able to pirate music and hopefully someday the law will be changed. I don't think that that is a right way to look at it. My statements that pirating music is immoral are based on the law granting ownership of copyrighted material to the copyright owners, thus making it stealing to pirate music, and on it being moral to follow the law and immoral to break it (when the law itself is not inherently immoral).

    4. Re:The RIAAs Rights by Anonymous Coward · · Score: 0

      when the law itself is not inherently immoral
      This law was conceived two centuries ago, when information distribution was so inefficient (books). Even then, they found it that 7 years was enough for a new book to circulate, and make enough profit for its author. Now we have light-speed information distribution, yet copyright protection lasts 150 years, copyright holders (not authors) make billions, and you could put half the population in jail for violating it. Is this what you call "moral"?

      My point is simply that while it is illegal to pirate music it should not be done.
      Billionaires should not be able to buy laws either. But they do. Why should I respect these laws? I have never agreed to it, and neither have they asked me. I have no "moral" obligation here.
    5. Re:The RIAAs Rights by BlackRookSix · · Score: 1

      Begin the Revolution. Revolt. We are going to dump the tea in the harbor and make them understand exactly what we think of their government without the will of the people. Spread the word to everyone you know.

      Someone please explain where we can get on the new boats. This country has become everything that it stood against, everything that it was formed to oppose. The rich and the religious now completely govern without the mandate of the simple majority. Show me the New World.

      Mod me down, please. I am thinking more and more that I want to be seen as someone who doesn't "go with the flow" of Slashdot.

    6. Re:The RIAAs Rights by cpt+kangarooski · · Score: 1, Informative

      My statements that pirating music is immoral are based on the law granting ownership of copyrighted material to the copyright owners, thus making it stealing to pirate music, and on it being moral to follow the law and immoral to break it (when the law itself is not inherently immoral).

      It's not moral to act lawfully where a law is amoral. Lawfulness does not ever in itself yield moral behavior. Morality and legality are orthogonal, though it's nice when they coincide. Your position would render jaywalking an immoral act when I think that we can all agree that it is neither moral nor immoral to jaywalk.

      While I think that people should behave lawfully, it is important for the law to not only be non-immoral, but also to generally be acceptable to the people who are to obey it unless it is really important. Look at Prohibition: it wasn't an inherently immoral law, but it was also so far from the prevailing social norms of the day that no one obeyed it. This led to disrespect not only for that law, but for others, to widespread corruption, law-breaking, and a golden age for organized crime. I think that copyright is a lot like Prohibition. Most people think it's a good idea but ignore it (Prohibition did have a lot of earnest supporters who nevertheless drank anyway). I think that this indicates that the people are in the right, and that the law absolutely must change. If this were about something important, e.g. civil rights, then I'd think that perhaps the people were wrong in their position and should be brought around, but copyright is a pretty unimportant sort of law so far as that goes.

      This being the case, I don't complain about copyright infringers, I complain about the law that makes their behavior infringement. I can't condemn people for ignoring a bad law, but I can condemn lawmakers and their supporters for allowing the situation to continue.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    7. Re:The RIAAs Rights by neminem · · Score: 1

      Entirely off-topic, but you do realize that "orthogonal" means "never going to intersect", right? I agree with your sentiment entirely, just not your wording - because morality and legality certainly do intersect. Frequently, even. I'm very glad there are laws against murder, burglary, assault, fraud, and so on. On the other hand, the drinking age could use some tuning... laws against prostitution and various recreational drugs could use some tuning... all kinds of laws deserve tuning, copywrite certainly among them, but no more or less than any number of other things. It's great, though - I have a friend who believes, or at least pretends to believe for the sake of a joke (though if he's joking, he's really good at pretending otherwise), that legality is always equal to morality. He has stated very explicitly, when I asked him, that if I were to hand him booze and he were to drink it, he would be doing something immoral (he's 18), but that if I were to take him to Europe and do the same thing, it'd be fine. I don't understand him.

    8. Re:The RIAAs Rights by Anonymous Coward · · Score: 0

      >Entirely off-topic, but you do realize that "orthogonal" means "never going to intersect", right?

      Wrong.

    9. Re:The RIAAs Rights by Anonymous Coward · · Score: 0

      Begin the Revolution. Revolt.

      And die. Two shots to the chest, one to the head. Maybe only the one to the head if you look dangerous enough. The 18th Century is long gone. You don't have a chance.

      make them understand exactly what we think of their government without the will of the people

      They don't care what you think.

      Spread the word to everyone you know.

      And what will that accomplish? Absolutely nothing. The people have absolutely no way to change the status quo. Get over it.

      The rich and the religious now completely govern without the mandate of the simple majority.

      Yes, they do, they've always done so, and there're nothing you can do about it.

      Show me the New World.

      There isn't one. This is the only world you will ever see. The only way out is suicide.

      Oh, look: verification code is "despair". How appropriate.

    10. Re:The RIAAs Rights by pcmanjon · · Score: 1

      People should only follow laws if they are for the best of people as a whole. This law isn't for the best so people should not follow it.

      If a new law tomorrow passed saying that you had to give your youngest virgin daughter a night with your representatives... would you comply until you could "reform" or "appeal"? I truly hope not, for your youngest virgin daughters sake. Of course, the hypothetical law I fabricated vs the copyright law is a leap of extremes, but the point still exists.

      When do you draw the line to mindlessly obeying a law for the principal? What law is ridiculous and what can you grit your teeth and follow just because it's not ridiculous enough?

      For what it is worth, I haven't illegal downloaded an album or mp3 or otherwise pirated music without paying for it for about 3 years. So, I am not just justifying my own actions. I listen to FM radio and the internet-radio versions of said FM stations. (E.G. Licensed and legal RIAA-FRIENDLY music by said stations.)

  48. Re:Monopolies prevent this by fourchannel · · Score: 2, Interesting

    If you didn't have your internet connection tommorrow, and were told that you were accused of being a thief, would you be like, "Well it wasn't that important." I think you might have failed to infer that 10 years ago (little internet), now (majority internet), will lead to a future world where to be denied internet access will be equivilent to being denied any use of a telephone, cellphone, or wireless communication device. I think you would be pretty pissed off. The internet has and will continue to become more and more important.

    But I also agree with you that the internet does not feed you, clothe you, or provide a place to live. Those come from people, not machines, and we should not look away from those right next to us.

    --
    ---FourChannel---
  49. That would be illegal in the US by MonGuSE · · Score: 1

    That would be illegal for the carriers to deny you a right to the internet as has already been ruled by SCOTUS. A hacker's sentence and parole were altered to not include a ban on internet usage because it would deny him of a necessary right to the internet. They deemed the internet so important in life now that it is a staple for most americans and therefore a right that should not be trounced upon easily. The large carriers whom are granted near monopolies on phone and cable service whom operate the high speed connections would quickly get sued and prosecuted via RICO and anti-trust laws if they started pulling that crap here. At least they should, with Gonzolas at the helm though they would probably be to stupid to look into it.

  50. ARIA? by Jugalator · · Score: 0, Troll

    Wow... At least Hitler would have liked them.

    --
    Beware: In C++, your friends can see your privates!
  51. Seriously now ... by ScrewMaster · · Score: 1

    something needs to be done about these people. I don't care what country you're talking about, or which particular flavor of the RIAA you have to contend with. Something needs to be done before these assholes bring the roof down on all of us.

    --
    The higher the technology, the sharper that two-edged sword.
  52. Re:Monopolies prevent this by Antique+Geekmeister · · Score: 2, Informative

    They don't have to. Take a look at a typical Acceptable Use Policy. They don't have to provie it in court, they simply have to find that you're doing something against their policies. The same policy that some of us beg to be used against spammers and phishers and virus-laden zombie machines is similar to what RIAA wants used against pirating downloaders, and it does *not* require a trial.

  53. Re:What if I own the CD's with the songs I'm DL'in by Scudsucker · · Score: 1

    License, eh? That means they're happy to replace lost or damaged media at cost, right? /retorical

  54. Shouldn't the headline read by Anonymous Coward · · Score: 0

    "Internet Blackout Threat for Data Duplication in AU" ?

    Don't call them "thieves" when they are not thieves. Duplicating data is not physically nor morally similar to stealing. Copying data does not make one a thief. Incidentally, the US Supreme Court agrees with me on this one (for what that's worth).

  55. Insightful, eh? by Travoltus · · Score: 1

    If the ISPs follow your line of reasoning, they'll be woefully inadequate for handling the bandwidth demands created by the large scale move to TV-on-the-internet, which is only in its infancy with the likes of Youtube today and is already starting to cause ISPs to wig out.

    ISPs are worse than useless - they're a hindrance - and the sooner we find ways to decentralize internet access to where people don't need central ISPs, the better.

    ISPs don't have a God given right to tell internet users what to do, and when the technology comes to where they're not needed for access, this truth will become glaringly evident.

    --
    --- Grow a pair, liberals... stop letting the Republicans bully you!
  56. Re:What if I own the CD's with the songs I'm DL'in by rtechie · · Score: 2, Insightful

    It's not the MP3 per se that's illegal in this case, at least under US law. In fact, personally ripping an MP3 from a CD you own is possibly (this is still not clear) illegal in the United States. Note that it's the ACT OF RIPPING that's supposedly illegal, the act of making an unauthorized copy. Just like making a direct copy of the CD (in CD-Audio format) is also supposedly illegal. Now that MP3 or CD copy may be technically "counterfeit merchandise", but OWNING it is not illegal per se. So it's really up in the air whether PURELY downloading an MP3 (from an FTP site for example) of a track on a CD you already own is illegal. Probably not. But UPLOADING even a tiny part of that MP3 to anyone (even people who own the CD) IS ILLEGAL as it's "distribution". Due to the way most P2P programs work, downloading MP3s through P2P is illegal because you're "distributing".

    If you think about it for a minute, this is basically pure extortion by the labels against the ISPs "Do what we say (read: Give us money.), or we will put you out of business." The ISPs really have no choice but to fight, because if they continue to pay blackmail to the labels they'll eventually be forced out of business. Again, make no mistake, the labels want the ISPs to give them a pile of money. This isn't about "enforcement" of any "laws". They simply see the ISPs as a juicier target that's easier to sue. This strategy hasn't worked in the USA, where telecom companies have a lot of power, so they're trying it in Australia were media is considerably more powerful.

  57. Newscorp propaganda balloon by Anonymous Coward · · Score: 0

    The article doesn't even try to look rational.

    It starts off with a picture of Jobs with the bizarre caption "Digital boy ... iPod creator Steve Jobs has caused a lot of headaches for music producers and artists worldwide, but plenty of joy for fans" Don't artists like having their work heard? And remember music producers (the actual guys credited on songs as 'producer') are often the actual artists behind the recording. Oh they don't mean producer, they mean arbitrager. The guy who stands in the middle with his hand out taking credit(and cash). Is iTMS.com.au up for renegotiation already?

    "the industry - which claims Australians download more than one billion songs illegally each year" Well it is an island founded by thieves and murderers. At $AU300,000 per that's $300,000,000,000,000 the genes really concentrated that talent considering they only bought $80,000,000 worth.

    "peer-to-peer websites such as LimeWire"

    WTF is a peer-to-peer website? Seriously.

    "Those with dial-up internet could face having their phone disconnected." Just in case you weren't certain that this is really about renting access to your culture.

  58. Re:Monopolies prevent this by KeensMustard · · Score: 3, Informative

    You typically only have one service provider in a given area. Really? In rural/regional areas I suppose you might be stuck with Telstra, but I wouldn't describe that as typical. In metropolitan areas you can choose from numerous carriers - Telstra may own the hardware (mostly) but that doesn't entitle them to say who uses it.
  59. Re:What if I own the CD's with the songs I'm DL'in by cpt+kangarooski · · Score: 3, Insightful

    No they don't. They may argue that it's not a fair use (though I haven't heard that one for a while) with regard to format shifting, but that's all. Virtually no works other than computer software and internet-downloaded media are even claimed to be licensed routinely. And in fact, they aren't. I've never even heard of a regular CD in a record store where the copyright holder claimed that it was being licensed, not sold. So don't assume that everything works like software, and better yet, don't assume that anything should: EULAs are anachronistic and provide no benefit to anyone, really. The only reason they're still around, (other than to allow abuses by licensors that no one should be tolerant of) seems to be inertia.

    --
    -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
  60. Easy Money... by billybob_jcv · · Score: 1

    Someone is going to make a lot of money. Set-up a VM service outside the AU and let users remote in and run P2P clients within the VM. The users bring down the files from the VM directly to their home PCs via encrypted methods - even something as simple as sftp would work. There's no files stored on the ISP inside the AU, no way for the ISP (or anyone else inside the AU) to know what's in the encrypted traffic stream.

    1. Re:Easy Money... by Anonymous Coward · · Score: 0

      people have been cashing in on that for ages...
      don't you remember the discussion about https://www.relakks.com/?cid=gb

  61. You forgot one: by Penguinisto · · Score: 3, Informative
    Common Carrier Status.

    If an ISP starts doing any company (or cartel's) bidding, they no longer can claim to be neutral for content. This means that if so much as one child porn images streaks across an ISP's wires or servers, they can be credibly liable. After all, they actively prohibit copyright infringement, so why can't they stop or prevent the commission of a real criminal (or even tortious) act? While I doubt that criminal prosecutors would take that to heart, I do know that it would very likely leave a participating ISP quite defenseless to any civil suit that comes along naming them as a defendant...

    /P

    --
    Quo usque tandem abutere, Nimbus, patientia nostra?
  62. The flaw in this insane argument is by Simonetta · · Score: 2, Interesting

    The flaw in this insane argument is that the ARIA (and the ISP) becomes responsible for anything that results from the former customer not having a telephone line.

        Did I read this correctly? The ARIA is going to get the telephone company to permanently disconnect some poor Australian's telephone if they believe that they are downloading music? Not everyone has a cell phone or will be getting a cell phone. What about the lawsuits that happen against them when a child dies because there wasn't the ability to call the emergency authorities after a household accident? The parents sue the ARIA on the grounds that the child would not have died if the ARIA had not forced the removal of the telephone line on superficial and unproven reasons. The newspapers start yelling about innocent Australian children forced to die to protect trashy American pop music profits.

        The above poster is right about the hard disk swap to build music collections. I do this with older 40-120 Gig hard drives. Fill them full of high-quality 200+ bps MP3s, package them in bubble-wrap, and loan them to friends, co-workers, and any interested party. This and inexpensive double-layer DVDs that hold 150 albums is the real future of music distribution, not commercial music download services.

        It's too bad that the ARIA/RIAA doesn't understand this. The era of selling individual recordings is just about over. Not just the idea of selling a single three minute song on a plastic disk or a download of a song for a set price. People in the future will be buying large collections of music and media that has a common theme, like all the 'classic rock recordings' of the 1970s, on a hard disk or DVD set. And they won't be buying these items from the five multinational corporations who persist in holding the illusion that they own them.

    1. Re:The flaw in this insane argument is by vlad30 · · Score: 1

      The ARIA is going to get the telephone company to permanently disconnect some poor Australian's telephone if they believe that they are downloading music

      Telstra already has been in hot water when a few people died due to poor/no telephone service and has even gone so far as to be careful with cutting business lines off even on non payment of bills. They now tend to restrict outgoing calls. I wonder will ARIA take responsibility for the 1st grandma who has gets cut off??

      --
      Your'e all thinking it, I just said it for you
  63. Re:Monopolies prevent this by The+Fanta+Menace · · Score: 1

    That's just not true. I have over a dozen ISPs I can choose from here, and the majority of metropolitan based people in Australia do also.

    --
    -- Even if a god did exist, why the fsck should I worship it?
  64. just because by ralph1 · · Score: 0

    of that now when i down load i will burn 100 extra copies for people without net and be sure to trade copies with my friends. we will get lots more music when the current industry is gone.

  65. CD sales are actually up in Australia by sien · · Score: 2, Interesting
    In Australia, CD sales are 8% up. So even when the internet is encouraging people to listen to new music, that they are buying, the record industry wants to shut it down.

    It just goes to show, copyright holders are determined to extend their legal rights at every opportunity, regardless of whether their industry is being helped or hindered.

  66. Very interesting suggestion by Anonymous Coward · · Score: 0

    I theorize that the so-called decline of the music industry isn't because of music pirates, as they claim, or because their music suddenly sucks (the monkeys sucked, sucking isn't new), but because they were NOT in the music of selling music, but in the business of selling sexually suggestive material.

    That, sir, is an amazingly insightful suggestion.

    I've not heard your theory before, but the more I look back at memorable examples from music history (and the remarkable lack of counter-examples) and our eager viewing of the weekly chart shows on the box, the more I think that you're on to something.

  67. Tell a lie often enough and soon it's the truth by scdeimos · · Score: 1

    Some of the so-called facts in TFA are a bit dodgy.

    People who illegally download music would have their telephone and internet services cut off under a radical new plan proposed by the music industry.

    About 80% of ISP end-users in Australia are using an ISP that is a different company to their telephone services provider. ARIA would have legal problems getting telephone services cut-off as well due to the requirement for Telstra(/rebadged phone provider) to provide emergency services capability to all landline nodes.

    The value of CDs sold in Australia between January and March this year fell by more than 20 per cent - from $100 million to $80 million - compared with the first three months of 2006.

    Of course, the fall in CD retail prices due to price pressure from online music sales has nothing to do with this. People can now buy just the tracks they want instead of getting an album-load of crap on CD.

    Overall, CD sales revenue in 2006 fell by more than five per cent, yet ARIA focused on the growth in legitimate digital downloads, and the strong showing last year by home-grown acts.

    Of course, competition from online music sales has nothing to do with this. People can now buy just the tracks they want instead of getting an album-load of crap on CD.

    Ms Heindl said research showed 18 per cent of Australians engaged regularly in file-sharing, downloading an average 30 songs a month illegally.

    Australian Bureau of Statistics Census figures show that only 18 percent of Australians have internet access. According to ARIA, now, every single Australian with internet access is a music pirate.

    1. Re:Tell a lie often enough and soon it's the truth by PetahOsiris · · Score: 1

      Absolutely Right - More hot air from the music industry!

  68. Telephone disconnected by Anonymous Coward · · Score: 1, Interesting

    If the user is on dialup, that's not a problem: their telephone line will be disconnected. It would be illegal for them to do this. Not to mention the fact they have no power to do so in the first place. Telephone service (at a minimum for emergency use only) is required to be provided to all residences that ask for it. Really someone is just talking out their back side.
  69. Declining sales? by Chuck+Chunder · · Score: 4, Informative

    If a system like this were put in place and rigorously enforced, and after a year the Australian music industry still saw declining sales
    What do you mean "still"? 2006 saw an increase in sales.
    --
    Boffoonery - downloadable Comedy Benefit for Bletchley Park
  70. Re:Monopolies prevent this by gmack · · Score: 1

    But I also agree with you that the internet does not feed you, clothe you, or provide a place to live. Those come from people, not machines, and we should not look away from those right next to us.

    The internet is how I run my servers, contact my clients search for help. So it does provide the income that I need to do all of those things

    Cutting off my internet access would very quickly leave me homeless.

  71. Re:Monopolies prevent this by renegadesx · · Score: 0

    Uh no, not in Australia, you have hundreds to chose from usually. There is (or at least was) a guide in APC (Australian Personal Computer) that pretty much lists all the service providers you can get. Out in the bush its harder (most places there still can't get broadband) but most towns that have over 30,000 people usually have some pretty good options.

    --
    Make SELinux enforcing again!
  72. yeah but they didn't say WHICH isp's by timmarhy · · Score: 1

    no isp in AU will do this, OR they will sign a loose deal and never have the balls to enforce it. why you say? because i can promise massive litigation against them if they do, and no business would ever willing take the burnden of potential litigation that another business has previously been dealing with. not to mention all the angry support calls and extra work it will cause them. it's already been established that isp's can't be sued for their users downloading music, so why the fuck would any of them want to do aria's job for them? my bet is there's no isp's seriously considering this and it's yet more bullshit from the music industry.

    --
    If you mod me down, I will become more powerful than you can imagine....
  73. Testing - Ignore by Anonymous Coward · · Score: 0

    Yup, nothing to see here. Move along.

  74. Music Thieves? by Digital+Vomit · · Score: 1

    How will Australian ISPs know when one of their clients is a music thief? I would imagine a music thief wouldn't have access to the internet, otherwise he'd just download music instead of stealing music CDs from stores.

    --
    Modern copyright is theft of culture from everyone and it retards the progress of the useful arts and sciences.
  75. Stop and think about it - nothing to worry about by Anonymous Coward · · Score: 0

    Okay, so... first of all, obviously, this is in principle very outrageous. However, there are several points that must be kept in mind.

    a) As mentioned many times before, "Why would ISP agree with this?". It's been discussed, let's skip it for now.
    b) More importantly, is it even real? With stable traffic in units to tens of gigabits, L7 filters of any kind are absolutely out of question... unless music asociations are willing to back their demands with a solid pile of gold.

    So, how will it get implemented? Just like it's been done before. ISP gets an email from a lawyer of $arbitrary_company. ISP does customer->email_counter++ and fwds it to customer. If customer is over limit of 3, customer's out.

    Naughty, innit? But seriously... how many emails like these are sent? How many did piratebay get?;)

    As a part of ISP EULA, it's quite terrible and I would think twice before I agreed with it (as a customer). As a real threat, it's laughable just like all other precautions. So to sum it up the slashdot way... Nothing to see here, move along -- I, for one, welcome our new ISP overlords.

  76. People Get the Governments they Deserve by rtrifts · · Score: 1

    If the Australians vote in a Howard government again that would enact such a law, then they deserve this crap.

    Really - it's time that we stopped blaming lobby groups for promoting their agendas. They do what it is in their nature to do. If the people of Australia are so enamored of PM Howard and his Tories to support this sort of thing (assuming it is implemented) then they get the sort of government - and laws - that they deserve.

    Lobbyists further their own agendas. When the voter stops furthering his or her own personal agenda - then they get what they deserve.

    (Note to Americans readers: the democracies of most other industrial nations offer more electoral choices and have significantly larger voter turnouts than your own because of compulsory voter registration. There are vast restrictions on election and lobbyist spending during elections in other nations that are not present in your own. Please don't judge "the inherent flaws in the system" within America and suppose it exists everywhere else. It does not. If the Australians re-elect this government - it's their own damn fault.)

    --
    .Robert
    1. Re:People Get the Governments they Deserve by Anonymous Coward · · Score: 0

      True, but chances are Howard would pull a scare campaign to get the sheeple voting for him, like he's done at previous elections.

      "If you vote for Labor, the interest rates will go up." What have they done since 2004, despite the Libs getting re-elected? Gone up.

  77. Directly contradicts this report... by trawg · · Score: 2, Insightful
    ...titled "CD sales rise despite downloads", right here:

    AS DIGITAL music hogs the headlines, the humble CD has made a comeback at the cash register. However, music retailers may still be feeling the pinch. Figures released by the Australian Recording Industry Association yesterday show an increase of almost 8 per cent in the volume of wholesale physical music products, such as CDs, in 2006 compared with 2005, despite a decrease of more than 5 per cent in overall revenue.
  78. "Can't handle the truth", eh? by Anonymous Coward · · Score: 0

    "ISPs don't have a God given right to tell internet users what to do, and when the technology comes to where they're not needed for access..."

    No, they have something better. They have the contract given right to boot off their network anyone who's affecting their other paying customers. You all talk about your rights like it's your "god-given" network to do whatever you want. Well here's reality. Your rights end were others begin. Here's the other half. No one wants a customer who's going to drive away other paying customers. That's why running to another ISP will not work.

    "ISPs are worse than useless - they're a hindrance - and the sooner we find ways to decentralize internet access to where people don't need central ISPs, the better."

    Why is it those who know the least make the loudest complaints? You don't know geography. You don't know economics. You don't even know physics.

    "...this truth will become glaringly evident

    I'm afraid that the only one who needs to face "the truth" can't handle "the truth". Start your own ISP, let all the hogs abuse you, then tell us who needs to face the truth.

    "If the ISPs follow your line of reasoning, they'll be woefully inadequate for handling the bandwidth demands created by the large scale move to TV-on-the-internet, which is only in its infancy with the likes of Youtube today and is already starting to cause ISPs to wig out."

    Cable TV works fine. And those "wigged out" ISP's will handle it much better when the abusers are booted. Also one thing I forgot to mention the administrative overhead of dealing with all the DMCA requests that illegal downloaders generate. Boot the hogs and those disappear.

  79. headline title is "flamebait", thanks editors. by plasmacutter · · Score: 1

    would you title a story about bush protestors "pinko commie liberals erode national security"?

    would you title a story about anti-abortion republicans "fascist corporate schills demand an end to women's rights"?

    then why the heck is this story about civil disobedience to controversially overreaching copyright laws entitled "internet blackout threat for music thieves"?

    --
    VLC FOR MAC IS DYING! IF YOU DEVELOP, PLEASE SAVE IT!!
    1. Re:headline title is "flamebait", thanks editors. by Nazlfrag · · Score: 1

      If you RTFA, titled "Blackout threat for music thieves" you might get an inkling of where the headline came from.

    2. Re:headline title is "flamebait", thanks editors. by plasmacutter · · Score: 1

      still, slashdot has editors for a reason.. when they see something like this they should "edit" it to be a bit more neutral.

      they did something similar to a story i submitted a while back about the dangers of voting machines getting hacked. when i submitted the story it was party neutral, as such a problem is relevant to all parties, and it was edited into more or less a vast right wing conspiracy.

      --
      VLC FOR MAC IS DYING! IF YOU DEVELOP, PLEASE SAVE IT!!
  80. This is currently the law in the US! by supersat · · Score: 1
    See 17 USC 512(i) (part of the "safe harbor" provisions of the DMCA):

    The limitations on liability established by this section shall apply to a service provider only if the service provider--
    (A) has adopted and reasonably implemented, and informs subscribers and account holders of the service provider's system or network of, a policy that provides for the termination in appropriate circumstances of subscribers and account holders of the service provider's system or network who are repeat infringers
    Sounds a lot like the proposed "three strikes" law.
  81. you forget in america it's the "corporate states" by plasmacutter · · Score: 1

    remember, according to the reaganomics apologists, they can do whatever they want, theyre a private company, and who gives a damn if they have power rivaling the government.

    hence: dmca abuse is perfectly OK, att comming back together is OK, and reclassification of monopoly internet providers into an "information service" to serve their desires for non-neutrality is OK.

    the solution to that pesky bill of rights.. privatize it so you can claim "private property" against anyone who decries the obvious erosion of rights.

    --
    VLC FOR MAC IS DYING! IF YOU DEVELOP, PLEASE SAVE IT!!
  82. Re:What if I own the CD's with the songs I'm DL'in by faolan_devyn_aodfin · · Score: 1

    Actually according to US law in most states if you knowing own a copy a piece of music without owning the original (ie, a "pirated" or "stolen" copy) then technically it could be considered a stolen good since the MAFIAA claims so and that jurisprudence has been set in the courts. Therefore, if you own a illicit copy, then yes you could be charged to possession of stolen goods and in many states if the products in question total greater than $250 then you could also be charged with grand theft which could give you up to twenty years of ass pounding.

    --
    Pagan? Geek? Check out #paganism on Freenode IRC
  83. Quie right by svunt · · Score: 2, Informative

    You're right...I'm in Melbourne, and can choose from dozens and dozens of ISPs...most of them do suck, however. As there's basically no such thing as unlimited downloading in Australia (see previous sentence) I'm agog that we manage to steal a billion dollars worth of music a year, as it takes so fucking long to steal on our crappy bandwidth.

  84. You're so clueless by Travoltus · · Score: 1

    No, they have something better. They have the contract given right to boot off their network anyone who's affecting their other paying customers. You all talk about your rights like it's your "god-given" network to do whatever you want. Well here's reality. Your rights end were others begin. Here's the other half. No one wants a customer who's going to drive away other paying customers. That's why running to another ISP will not work.

    You completely missed my point.

    1) I'm saying technology will progress to the point where ISPs aren't needed and each of us can get directly onto the net without them.

    2) Your definition of "abuse" is already on the verge of collapse. People will be watching movies and TV episodes over the net, and very soon. They're already doing it on a relatively tiny scale now with the likes of Youtube. So what you define today as "abuse" will be defined very soon as "normal use" or even "less than normal use". This has already happened in the past. The websites most people browse right now would probably have consumed abuse level bandwidth in 1999. Youtube would have crushed any ISP's bandwidth back in 1995.

    So in essence, your heroic ISP exercising its "rights" makes it inadequate to handle the bandwidth demands of today, much less the future.

    Unless you're arguing that technology should be held back, your only course of response here is a mea culpa, or more uneducated schoolboy rants. My money is of course on the latter.

    Why is it those who know the least make the loudest complaints? You don't know geography. You don't know economics. You don't even know physics.

    You're still trying to challenge me? LOL, you little pipsqueak, welcome to school.

    Lesson #1: economics. ISPs have survived financially with raising bandwidth to meet rising bandwidth demands. That's a FACT, and you look like a total retard by trying to contradict that.

    Lesson #2: physics. You're an idiot yet again. Bandwidth has been increasing to meet consumer demand. This is not going to stop any time soon unless people like you take over, which fortunately is not ever going to happen.

    Geography is irrelevant here. This is a global phenomenom.

    I'm afraid that the only one who needs to face "the truth" can't handle "the truth". Start your own ISP, let all the hogs abuse you, then tell us who needs to face the truth.

    Obviously, your reading skills are nonexistent. I said the time will come that ISPs aren't even relevant. P2P or some emerging technology will enable people to get online without needing a centralized ISP. Why would I want to start a new ISP when in perhaps 15 years TOPS, they'll be like the dodo?

    Cable TV works fine. And those "wigged out" ISP's will handle it much better when the abusers are booted. Also one thing I forgot to mention the administrative overhead of dealing with all the DMCA requests that illegal downloaders generate. Boot the hogs and those disappear.

    Your knowledge of the internet hovers between nil and zip, and nil is leaving town.

    Illegal downloaders are not the biggest threat that ISPs face: Youtube and its siblings, are what present the new major threat. Streaming video, streaming audio, pay per porn...

    Allow me to introduce you to the term "adapt or perish". No, really, you're clueless about what that means. Don't even bother coughing up your pathetic rendition. The ISPs are going to adapt to rising bandwidth demands or they're going to be ditching even legal customers, or they'll get majorly bogged down.

    It's that simple. And yes, I am a network administrator. I run a data center. I know the business, and you just talk a bunch of crap. Go back to your Spongebob reruns and cool yer heels, son.
    --
    --- Grow a pair, liberals... stop letting the Republicans bully you!
  85. No-fly lists anyone? by Anonymous Coward · · Score: 0

    No-fly lists seem to be in wide use in USA without any legal recourse or court oversight. I don't see why they wouldn't work for ISP's as well as they do for airlines.

  86. End of this year is ELECTION TIME by Anonymous Coward · · Score: 0

    3 years? Ha. Try again. It's only a few months until our next major election. If this stupidity got anywhere near being made into law then the party who backs it could be losing some seats in the future. A good chunk of the Australian population has internet access now. Passing a law like this would be politically costly.

    This will most likely not even get passed in due to the Liberals (currently in power) needing every single vote they can get due to what they have currently done.

    (FYI: Liberals are going to lose by a landslide as long as labour doesn't screw up their campaign. All Labour needs to do is say 'we are not liberal' and they are in).

  87. Re:Monopolies prevent this by neerolyte · · Score: 1

    There may only be one provider for the physical line but ARIA is suggesting removing the connection at the ISP. No where in the article does it say that you can't just switch ISP.

    I don't see what the big problem is, this is no where near as harsh as RIAA. Furthermore if you like the song, pay for it! And don't tell me "I want to try before I buy", you can do this in most record stores I've been to, there are a multitude of options available for previewing songs on music sites and for smaller bands you often get them actively putting their songs up for free.

    I live in Australia.

  88. Re:Monopolies prevent this by pasamio · · Score: 1

    The APC Broadband Choice section gets its information of Whirlpool, http://bc.whirlpool.net.au/

    You can see that almost every major centre in Australia has various ISP's trying to get your money, but to be honest its utter trash the idea that they will cut off telephone use, as thats typically Telstra domain not ISP domain. The author is just proving he doesn't know what he's talking about.

    --
    I always wondered where this setting was...
  89. Re:Monopolies prevent this by Merls+the+Sneaky · · Score: 1

    Even if Telstra was to cut off telephone access, optus has their own network infrastructure in metro areas.

    It would be problematic for them to implement this at best, with encryption and overseas anonymous proxies I hardly see how it would be possible to catch more than a few people.

  90. move to another market by Dan541 · · Score: 1

    Im honestly sick of record labels crying that they cant turn a profit when the market is disappearing. I have a question for everyone. How many Blacksmiths do you see around these days? Do you know why? Its because the market for them isn't there anymore would be blacksmiths are now in other markets. When will the music industry shut up and move to another market?

    --
    An SQL query goes to a bar, walks up to a table and asks, "Mind if I join you?"
  91. Phones essential lawful right in .au by Anonymous Coward · · Score: 0

    The headlines - elderly mother dies, clutching cut-off phone, after grandchild's visit.

    Phones save lives. Wrongfully cutting phones off, or in one Telco's blunder, failing to repair them has cost LIVES. Never mind about how 911 does not work down under, or that an ambulance may not get dispatched in time, assuming there is a hospital that will accept you.

    There are a few issues here, alleged illegal - well allegations are cheap, and noting is illegal until it has been heard in court. That a 3rd party has no legal standing. That the ISP is/or could be the target of costly litigation, and lastly, the right to have a land line is currently entrenched under Australian law. IANAL.

    Having the local congressman's campaign office's phones cut off, or a whole government departments phones cut off, - because a miscreant or cleaner decided to do a few sneaky downloads would be a hoot!

  92. Re:You're so religious. by Travoltus · · Score: 1

    Oh God. This is like teaching physics to a March of Dimes kid. You keep thinking that, and say hi to 1940s bandwidth theories and 1995 standards of "bandwidth hogs" for me.

    BTW Slashdot is a huge bandwidth hog. I suggest you sign off for good.

    --
    --- Grow a pair, liberals... stop letting the Republicans bully you!
  93. I for one... by bandmassa · · Score: 1

    I can see this affecting legal free downloads (sites like MacIDOL, etc) more than it will with torrenting and limewire. If the bastards at my ISP implement this, and wind up cutting me off for downloading a song that's made publicly available, I'll have their effing nuts in a legal vice if it effing bankrupts me.

    --
    "I hope you like Guinness, Sir. I find it a refreshing substitute for, er... food." Col. Jack O'Neil, SG-1
  94. IIA - hidden agendas, etc by Michael+Hunt · · Score: 1

    What follows is my opinion only, and should not be construed as representing the facts of the matter in any way possible, except where noted.

    The problem with this is that the IIA is likely to agree to this proposal in some form or other, in order to be seen to be doing "something". The CEO of the IIA has a reputation as a lobbyist first, and an ISP Industry Association CEO second. If the IIA is seen to be "proactively setting policy" on something as big-ticket as file-sharing, then Coroneos'll likely go for it. It doesn't matter if the "policy" in this case was written by ARIA, three ISPs and a singing waiter, or even The Piratebay. This is a worry.

    Fortunately, while most of the east-coast ISPs are IIA members to some degree or other, Adelaide and Perth based providers are typically members of SAIA or WAIA respectively, and pay (at most) lip-service to Coroneos' lobbyists.

    Additionally, if ARIA thinks they have the legal right to demand your phone get disconnected, then ACMA (AU equiv of FCC) will likely hit them with something called the Universal Service Obligation (briefly: at least one licensed carrier MUST provide phone service in a given area to ANYONE who wants it, subject to paying the bill.)

    Finally, if ARIA's goons see that I'm connected to a tracker that happens to be announcing for an MP3 .torrent file and manage to get me disconnected, I'd likely sue them under an "interference with contract" tort. The simple act of being connected to a tracker does NOT imply, as Mediasentry would like it to, that you are moving any data whatsoever.

    Storm. Teacup. Move along.

  95. Re:Monopolies prevent this by Starayo · · Score: 1

    Besides the big-name ISPs whose sole purpose is to rip off the country, in Australia, I don't think there really are any monopolies on internet. Many ISPs are available Australia-wide, and I had, when I switched ISPs lately, over a hundred to choose from.

    --
    Ezekiel 23:20
  96. Re:What if I own the CD's with the songs I'm DL'in by zobier · · Score: 1

    That raises a funny point: I used to promote and DJ at doof parties in and around Sydney and all my 12"s have a notice that they are not for public performance on the label. WTF else do they think ppl do with vinyl records? I know you could buy a public broadcasting licence from the MAFIAA but no promoters I know bothered. Also, the kind of music I'm talking about was only targeted at that scene (and maybe bedroom bangers) so??!1

    --
    Me lost me cookie at the disco.
  97. Hello everybody :) by Offalycool · · Score: 1

    Hi all, this is my first post. I know this is off topic, but upon reading this it struck me that the Australian government are quite daft when it comes to the law. I mean I was watching the telly the other day and up pops John Howard; he was saying he's looking at changing the law to stop HIV-positive people coming to Australia. I don't know what you might think but I think the moral implications are scary. http://www.alertnet.org/thenews/newsdesk/SYD219295 .htm As far as I'm concerned forcing Internet providers to cut off their customers is out right stupidity. I was reading about this push to revamp the internet and the first thing that struck me is, they're going to force the world to go underground, I mean how many internets do we need? http://news.yahoo.com/s/ap/20070413/ap_on_hi_te/re building_the_internet I think most people are decent enough, and will do what they can get away with by and large, but once you open a big door like the internet, I can't see most people being satisfied with it being slammed in their face.

  98. Re:What if I own the CD's with the songs I'm DL'in by rtechie · · Score: 1

    I don't think this has been applied in actual criminal cases. RIAA civil claims do not seem to be be resulting in criminal cases for theft or grand theft. Large scale producers of copied DVDs are usually charged with producing counterfeit goods, as that is a more applicable statute.

  99. A reason by Anonymous Coward · · Score: 0

    No wonder piracy is getting so common in Australia; in stores they are trying to sell Xbox 360 games for $120, which at the moment is equal to $99.94 USD. It is utterly ridiculous.

  100. Australia is the Chile of copyright by acb · · Score: 1

    In the 1970s, Pinochet's Chile, with its authoritarian government, lack of civil-liberties protections and strongly corporatist ideology became a testbed for radical "free-market" policies. A lot of the reforms implemented by Reagan and Thatcher were first tested in Chile.

    Right now, Australia (with its authoritarian government, lack of civil-liberties protections (there is no fair use, no safe harbour provisions, and no legal protections for free speech) and strongly corporatist ideology) is becoming the Chile of intellectual-property absolutism. Australian copyright laws are more draconian than those in the US or EU, and are only going to get more severe.