Anti-Piracy Firm Offering ISPs Money For Outing File-Sharers

mytrip points out news that an anti-piracy firm called Nexicon has been offering financial incentives to ISPs in exchange for having the ISPs police their own networks for copyright infringement. Nexicon would offer their services (for a fee) to help the ISPs pinpoint users who are illegally sharing files, and then give the users an option to "settle" through their "Get Amnesty" website. The revenue generated by such settlements would then be shared with the ISPs. Jerry Scroggin, owner of a smaller ISP in Louisiana, is still skeptical, saying, "I would still wind up losing customers. I would also have to pay Nexicon for this ... I have to survive in this economy but I don't have the big marketing dollars that bigger ISPs have. I have to fund 401(K)s and find ways not to lay off people. Giving free rein to the RIAA is not part of my business model."

Comments

A little information about Nexicon

[Xelios]

I found this through a quick google search. It seems Nexicon is the company behind YouTube's video identification software, and that it used to be known as Cyco.net, an online seller of cigarettes. After acquiring two small IT companies it had a change of heart, and decided to change its business model from selling tobacco online to providing the content industry with copyright infringement solutions. It makes perfect sense.

Article about the renaming to Nexicon
Article about their work with Youtube

This violates common carrier

[eyeota]

This has a huge potential to backfire on the ISPs.

IANAL, but I have worked at an ISP before. ISP have some limited immunity from civil suits because they are a common carrier.
i.e. They're providing transport to another network (the internet) and the information the flows between it is the responsibility of the sender / receiver because they're merely providing the transport. The minute they start to police the network at a content level (like Nexicon suggests) they can potentially be liable for the information passing through their networks because they are now 'aware' of the illegal content and have a responsibility to act.

The cons outweigh the pros for this time of agreement. I dont' expect many ISPs to by into this B.S.

Re:they pitch an interesting plan

[JoshHeitzman]

As I remember it those safe harbor provisions don't great a general duty to assist in copyright enforcement, but the a very specific one if the form of honoring take down notices.