30,000 UK ISP Users Face Threat Letters For Suspected Illegal File Sharing
Mark.JUK writes with this excerpt from ISP Review: "Solicitors at ACS:Law have been granted approval by the Royal Courts of Justice in London to demand the private personal details of some 30,000 customers suspected of involvement with illegal file sharing from UK broadband ISPs. The customers concerned are 'suspected' of illegally file sharing (P2P) approximately 291 movie titles, they now face threatening demands for money (settlement) or risk the prospect of court action. It's noted that 25,000 of the IP addresses that have been collected belong to BT users."
We'll build a decentralized network before we allow you to dictate which information we may copy. We have the technology, we have the know how and you're giving us the motivation.
Strange to say, but in Italy we protect more our privacy than in UK: our Data Privacy Authority decided that it's against the law to provide a correspondence between IP Address and real person name if the suspected violation is only for copyright issues.
Is it 1984 on that motherfucking island of yours yet?
It's worse than 1984! It's 2009!!! (It would have been Orwell's sequel)
Seriously, I've downloaded movies and TV shows using plain old (and I mean old) FTP. When am I going to get my letter?
I hate this protocol-specific gnashing of teeth...if you're downloading illegally, it doesn't matter what protocol you're using.
You knew this would happen, you kidded yourself that no-one would find out if you pirated a few movies.
The ISP can and will turn over the details to the lawyers if they are ordered to, and it's there in plain text in the contract you signed.
Stop whining.
They could hide from the telescreens and meet in the countryside for illicit encounters in the book, you'd never get away with that in 2009.
I wonder how they found the 25000 BT users - it seems odd that 25,000 out of 30,000 come from one ISP if they found them by any public means (i.e by joining swarms on public trackers and seeing which IPs are also operating in the swarm).
My guess is that while they were testing Phorm's targeted-advertising-based-on-snooping technology they were also did something very similar to what Virgin are planning (from the earlier story today "CView's deep packet inspection is the same technology that powered Phorm's advertising system" - CView being what Virgin plan to use to inspect P2P traffic).
Guess it's time to get a Relakks account. Basically you use a VPN account which gives you some random Swedish IP address. This will keep you off the radar of those collecting IP addresses for a while.
Not related to them or anything, I was just a satisfied customer for a few months. I gave it up when I realized I almost never downloaded movies and music anymore.
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We'll build a decentralized network before we allow you to dictate which information we may copy.
Information? I thought it was Hollywood movies that were being copied and distributed...?
Everyone who's been observing politicians knows how to react to such allegations: "I do not remember doing that" (you don't deny, so you can't get caught in a lie).
"It's too bad that stupidity isn't painful." - Anton LaVey
In other words, they can prove that the person uses BitTorrent but not what they're using it for.
Summation 2
Did you bother reading the FA? Of course not, this is /.. If you had, you would see that this is legal sabre rattling. Certainly no worse than the RIAA taking children to court in the US.
From the summary, one might draw the conclusion that "be a BT customer, and you're more of a target", but I seem to remember BT being the biggest ISP in the UK by quite a big margin*. Virgin Media (aka. NTL / Telewest) are the second largest*, and so it goes on. So I suppose it's reasonable that BT would account for the majority of the infractions. Conversely, BT have amongst the shittiest networks of all, so you'd imagine that the file sharers weren't actually sharing that much after all. But I suppose that would mean BT won't mind 25,000 people getting cut off, because it'll save them having to upgrade their network (like they say they're doing on the TV ads they're running at the moment).
So the real take-away here is that if you're at a small ISP, you're less likely to be targeted (at least until the big ones tumble). Meanwhile, the utter incompetence of the BPI and their friends should keep this from being anything more than an annoyance for 30,000 people. If even 5000 of them follow up and challenge their accusers, it'll tie the whole system up for months, if not years.
The BPI, Mandleson, and their ilk have an idealised view that file sharing should be super-illegal and so almost entirely eradicated. The problem is, best estimates suggest 7 million people in the UK share files*, so even if half give up from fear of prosecution, that's still 3.5 million people they've got to prosecute. I don't imagine there's a lawyer in the UK who's capable of executing that many cases in a decade, let alone simultaneously.
(* No, I can't substantiate this with a link right now - you know how to use a search engine though, right?)
No, it's the real 1980s' vision of the future, only instead of OCP, it's the media industry that's gone on a power-mad rampage.
No kidding!!! What do you say at this point?
Check back in 3 years and 1 month. :)
Serious? Seriousness is well above my pay grade.
The pirates won't just get nasty threatening letters, they'll be arrested, drawn, quartered, and their ancestral lands salted with the dust of their ground-up bones. Good thinking!
I am very impressed by the statement from BT:
A BT Spokesperson told ISPreview in September:
"BT and other ISPs agreed to send 1,000 notifications alleging copyright infringement a week for a 12-week trial period, with BT picking up the bill for this activity for our own customers as an act of goodwill. However, it was understood that at the end of this period, we would need to take stock and have further discussions with the rights holders about costs etc.
During this period, the BPI sent us around 21,000 alleged cases, but less than two-thirds proved to be properly matched to an IP address of a BT customer and not a duplicate, so this could indicate that the true extent of this activity is much lower than the 100,000 number the BPI claim since February. In addition since none of the customers we wrote to during the trial were subsequently taken to court by the BPI, we don't know whether they were actually guilty of infringement."
I never knew BT could actually sound reasonable. What a shame governments are still left trailing behind on common sense and decency.
I visit the cinema on average once a week and every time the copyright warning is displayed and mentions 10 years in prison for recording a movie in a cinema I cringe. That's more than people get for killing and maiming people, robbing banks and committing other violent crimes. The MP's are in the pockets of the media companies. I'm not talking about small indie film studios, but the distributors and those who own them like Sony, etc. They've been persuaded that if the penalties are high enough people will not perform actions that are trivial to execute and have no visible consequences. This has been shown not to be true time and time again.
I buy lots of DVDs and DVD boxsets. I probably spent about £500 a year on these. I pay for the cinema one a week. I buy music on iTunes and only search elsewhere online if I can't find what I want. As a kid I pirated every virtual computer game in existence in the 8/16 bit eras. Now I rarely play games, apart from on my iPhone which I pay for. I don't have TV at home, so *sometimes* I get TV shows I like online before going out and buying the full season boxset as soon as it becomes available. I might consider buying them on iTunes or similar if they were available at a reasonable price, but they're not. Most episodes of TV shows cost far more than the equivalent DVD for lower quality and no physical media to keep and store and are non-transferable to other machines, etc. I hope I'm not one of the people discovered in this haul of IP addresses, but I do not download movies, only a little bit of TV. Fingers crossed.
What will you personally - aside from posting on Slashdot and internet forums - do about it?
Yeah... Thought so.
So not only are BT expensive, slow, with terrible customer service (bar one guy I managed to get hold of when I was stupid enough to be with BT), but they give up their customers, or even just hand them over without being ask to.
Don't do the crime if you can't do the time !! Don't do it !!
Funny how this applies to so many /. stories !!
If your goal was best Ingrish, I would have bought a pair of Nike shox and a handbag.
This post contains benzene, nitrosamines, formaldehyde and hydrogen cyanide.
If you go to the ACS web site thier definition of infringement seems to only apply to P2P traffic and even then seems to be limited to uploads.
Anyone with half a brain-cell would not use P2P networks for piracy anyway!
If you are really worried, the article has a link to http://www.beingthreatened.com/ - they seem to have some genuine advice.
By the way if you decide to pay the fine, it means you have admitted to guilt and will not be able to contest it or get your money back!
If you recieve a letter asking for payment under NO circumstances pay it!
Also, reply to the letter as soon as you can - you have a limited time to respond to it (cannot remember how long).
Is it 1984 on that motherfucking island of yours yet?
Actually I think that in almost every country, some company is harvesting IP addresses on the P2P networks. Just in case this stuff gets valuable.
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any Limewire-like apps out there which support encryption?
Everyone who thinks this is a bad idea should sign this government petition, get everyone they know to sign the petition, and generally cause a ruckus
http://petitions.number10.gov.uk/dontdisconnectus/
Then install Tor, because you have to look out for yourself when you don't live in a democracy any more.
How much more of this crap will it take before all internet traffic is switched to use HTTPS, PGP etc. ?
What is it going to take for the geeks of the world to say "enough of this crap" ?
It is our internet after all. We built it.
The numbers are already messed up, the article above says 30,000, 25,000 of which are BT. The BBC article says only 15,000:
http://news.bbc.co.uk/1/hi/technology/8381097.stm
So how many people really are covered I wonder?
Indeed - it's a bit annoying that any posts about the UK have to turn into a US vs UK match, as if it was some kind of competition (if it's a competition, it's one where citizens in both countries lose!)
All we need is someone to pipe up and say that if only we had guns in the UK, this sort of thing wouldn't happen.
Send out massive bulk snail mail (widely dispersed across the country as possible) claiming some copyright infringement (being really vague about the infringement on some copyright your bogus company actually does own)...
The letter would say something like: It has come to our attention that you have infringed upon our Copyright.. We "can" pursue charges OR we "can" settle out of court.
Now request a small amount (less than $500). The fear implied that they will face full legal action potentially costing thousands of dollars will be enough to scare most people.
If anyone really contests it then drop them... claim it was your mistake and apologize for the error (hell even you even offer $5-$10 gift certificate for your error if your getting lost of people to pay up). Most people have infringed on some copyright so some people will pay (easy to determine the threshold limit by average household income in a given postal code).
If you mail drop to 1 million homes (say at the outrageous cost of $1 million to generate the letters and pay for postage). Asking for an average of $200. Then you just need 0.5% to pay up to break even. In reality you will most likely get 10-20% pay up. At 10% you net $20,000,000.
See the problem with allowing fishing expeditions... very easy for a company to claim an error and never actually pursue legal action. The current system is in favor of the company.
BTW: I am patenting this business model as I write this and will happily licences it for a 10% of your gross for implementing it.
Have you actually read the book?
Yes. That's why I labeled it "flamebait". Der.
Mod down people who tell people how to mod in their sigs
His goal is to piggyback on search indexing.
-The world would be a better place if everyone had a hoverboard
That's why this is not about companies looking for IPs in P2P networks.
It's about a court actually granting discovery on 30.000 IP addresses, a political elite valuing perceived security over freedom and a populace that doesn't appear to care whatsoever, welcoming it even.
It's certainly not 1984, but equally abominable nonetheless.
It's like Orwell's vision, except people do it voluntarily.
Now what I don't understand is that they don't seed the tracked with some false IPs
Under the assumption that the party sending out the letters is doing the due diligence thing, they'd connect to the IP claiming to seed and ask it for a chunk of the torrented bit sequence. If the client doesn't get one, there's no infringement going no.
Now, we can discuss whether the due diligence assumption is realistic, of course, but if I were them and I was genuine about preventing piracy (as opposed to going scaremongering), that's what I'd do. (fwiw...)
5.3 You shall not use, nor allow any other(s) to use, the service to:
(a) store, send, knowingly receive, upload, download or distribute any material that is unsolicited, defamatory, offensive, abusive, obscene, pornographic or menacing, or in breach of copyright, confidence, privacy or any other rights;
Hmm...
Your post^W^H contract advocates a
( ) technical (X) legislative (X) market-based ( ) vigilante
approach to fighting spam. [...]
The way I read the legalese, you're not allowed to download (via POP3) and not delete (that is, store) spam. I'm not sure whether the "knowingly" only applies to the things between the same commas it itself is between or whether it also applies to the "download" part, but if it's the latter, how the f...
Are they deliberately phrasing the contract such that everyone is violating the contract (unless they don't use email)?
(Probably not, it's just my tin foil hat that's malfunctioning again.)
The customers concerned are 'suspected' of illegally file sharing (P2P) approximately 291 movie titles, they now face threatening demands for money (settlement) or risk the prospect of court action.
The emphasized part is bullshit fearmongering to get them to pay. Expect the “charges” to be dropped as soon as you refuse and tell them to go fuck themselves. I’ve already seen it twice. You don’t pay, and nothing happens.
Which is obvious, since they have no proof, no legal anything, and were it not for the changes they pressed into law, they would not even be listened to by the courts.
If you got such a letter, tell them to go fuck themselves, because they don’t even know what “proof” is in computers, because they know shit about how computers work.
Any sufficiently advanced intelligence is indistinguishable from stupidity.
Most people posting about 1984 and making "Orwellian" references are talking about the Ingsoc nanny state. It doesn't matter that the book isn't actually about about that nanny state, or that it's just a plot device for the story/message that Orwell was trying to convey: what matters is that people understand what you're talking about when you make the reference. Specifically, a totalitarian society that constantly monitors its people, that assumes that everybody outside of the Party is a criminal, and that is trying to dumb down the populace in order to prevent them from thinking for themselves.
Considering the number of CCTV cameras in the UK, and the level of personal privacy that exists in the country, the suggestion that people on the Internet are being assumed to be criminals, and are being handed over to the media companies without the chance to defend themselves, really does conjure up images of Oceania, don't you think?
if millions of people find a particular type of behaviour acceptable that it should be legalised?
No. To use the often recycled example, the majority of people once thought that slavery was an acceptable practice, but that doesn't mean it should have been. This isn't to say that downloading and slavery are immediately comparable, but rather that a thing isn't necessarily right because "a lot of people are doing/supporting it."
On the other hand, the huge amount of torrent users shows a fundamental lack of support from the industry for what could be a viable market. Unfortunately it may very well be a case of "too little, too late" to tap, but had they done so they probably could have been making an extra chunk-'o'-change by this point off of online downloads. Things like the iTunes store are definitely still profitable.
They may still have a chance though. Personally, if I could purchase the various episodes of shows I like to watch for a reasonable price (at they are released), especially if they were sans commercials, I'd have my wallet open pretty quickly. Cable and even satellite seem to be dying media, and being able to pick-and-choose what you want online could be a fairly easy sell for studios. Even if they only charged something under a buck, they'd probably still make a fair bit of cash, especially if they threw a few ads on the website (not the video) for related products (e.g. if you're watching a season 2 episode of "show X" and season 1 is available on DVD, advertise!).
As I remember the whole Phorm trial was illegal, so that would render the IPs inadmissable evidence?
That's why this is not about companies looking for IPs in P2P networks. It's about a court actually granting discovery on 30.000 IP addresses
Yeah, but that time will come in most countries. There is too much at stake to ignore the P2P issue. In fact there is so much at stake that I expect the record companies to harvest IP addresses on P2P network, "just in case" the time suddenly is ripe in country X to get a discovery granted.
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Insurance is the key.
There is no way those 30,000 people can be all sued; if those pool, say 10£ each, that’s 300,000£ available to pay for sollicitors to defend those who are sued.
It really is time for the UK to use tor full time to retain any degree of privacy.
Shame we're going to be running at 1995 speeds...
Better slow and safe though.
The more nodes should also help speed up the network..
This is to reduce piracy. Seems reasonable.
"Introduce fixed fines of £750.00 minimum
Introduce statutory damages of £750.00 as a minimum for each act of copyright infringement (such provision exists presently in the United States);
ISPs to provide names of internet account holders
Make all Internet Service Providers produce, on request of a copyright owner or licensee, the identities of the account holders of the internet connection used for illegal file sharing of their copyrighted material. The cost of producing such information would be met by the copyright owner requesting it;
Strict liability for internet account holders
Make the account holder of the internet connection strictly liable for infringements where their connection was used for illegal file sharing
Simplify the court process
Streamline, simplify and speed up the court process of a copyright owner applying for the identities of the account holders from ISPs (this is presently a complex and time-consuming procedure); and
Standardise letters of claim and court documents
Secure approval and consensus for standard-form letters, documents and claims making the process of notification and prosecution of an identified infringement clear and easy to understand, with the presumption of innocence until guilt is proven."
Sorry, did I say reasonable, I meant horrifying.
So you can be fined in the UK just for *suspicion*? And who is sending these letters, the industry of the court? If its the industry as the story suggests, id say there some legal issues with making threats with no proof.
---- Booth was a patriot ----
Sabre rattling or not, the courts have let themselves in for a long, boring job of listening to lots of spurious complaints.
Given that judges and courts frequently complain that their offices are under-resourced and overworked, leading to long delays in prosecution of more serious cases, one doesn't need a very wide streak of cynicism to wonder if there is no better way for them to occupy their time.
How much are alleged copyright infringer's going to be fined? Whats the law in the UK if you go to court? Are there statutory damages per infringement?
That's 'Landing Strip One' to you, bub.
FGD 135
Yeah it requires quite a bit more thought bud.
There are two types of libertarian:
1) The rich and powerful libertarian who thinks he and people like him should be free to enjoy their wealth however they like no matter the cost to the less powerful and less rich.
2) The poor libertarian who thinks that he and people like him should be free to enjoy things no matter the cost to the richer, more powerful people.
If there are rules/laws you don't got libertarian. You got someone imposing rules on the others. Calling yourself a libertarian don't make you a lover of freedom (except maybe your own at the expense of everyone else's).
The strange thing is, that both groups believe themselves to be on the same side.
It amused me no end when Apple introduced the iMac model with a built-in camera, after using 'why 1984 won't be like 1984' as the tag line for the launch of the original Mac.
I am TheRaven on Soylent News
Uh, Airstrip One. Geek card please.
I am TheRaven on Soylent News
Quitting your contract with BT won't necessarily hurt them. They might just laugh at you.
There are hundreds of ISPs in the UK but only three or four cable providers. All the others simply rent the cables from those providers.
Despite several decades of government claims that the BT monopoly has been broken down, the claim is nonsense. Between them, Virgin Media and BT account for by far the majority of cables carrying ISP traffic in the UK.
Don't forget Peer Guardian!
Peer Guardian basically denies any connection from known hostile IP addresses. It works for Anti-p2p, spammers, scammers and adware sites, keeping them from ever connecting to your machine. If they can't see your torrent, then they don't have as strong a case to file a letter.
Remember, no defense is perfect by itself. But if you use a layered defense, such as encrypted torrents, programs such as PeerGuardian to deny connections from bad guys, and other tactics, then you can greatly increase your level of protection. But at the end of the day, nothing will protect you from the shotgun approach these jerks are using. It's going to come to a point where anyone using ANY form of torrent client is going to be automagically guilty of a crime.
Until that time, don't be ignorant of the tools you have to fight them.
The brits need to torrent this movie and then emulate it, it seems like they are slowly working their way into a police state..
Have you fscked your local propeller head today?
Actually the Party don't give a toss about the prols. They give them porn, beer and movies and leave them too it. They figure they're too stupid and docile to revolt.
The important thing is that 1984 is about a totalitarian communist government. This is about large corporations trying to exert their power over people, the complete opposite.
I just wrote a mail to TPB and told them, they should promote anonymous P2P... a suggestion by them should skyrocket the transfer-rates (which is the major problem with anonymous P2P so far)
The MAFIAA is a bunch of mindless jerks who will be the first up against the wall when the revolution comes
Do you mean "opposite" as in "In communism, man exploits a man. In capitalism, it's the opposite." ?
In communism, the public sector exploits man. In capitalism, the private sector exploits man.
Whoosh!
Both private and public sector comprises of men in power. It doesn't matter how you call the institution that exerts power, the exploitation itself is of relevance there.
No, because 1984 isn't about exploitation of men by men. It's about exploitation of men by a totalitarian communist government.
... How do you make your neighbour care about it ?
Most people just think *WOOOOOOOOOOOOOOSH* and it's gone ... ...
They either are not informed, pay up the sum or simply don't know how to react or what to do
Where is the time of revolutions, where words did matter ?
how did society got so easy accepting all this shit?
--- I am known for the ones who want to find me on the net. Is that a privacy risk or a privilege? One might wonder..
If only we had guns in the UK, this sort of thing wouldn't happen.