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UK Royalty Group Wants ISPs To Pay For Pirating Customers

Idbar writes "A group representing British songwriters and composers will on Wednesday call for the introduction of a levy on broadband providers based on the amount of pirated music they allow to pass through their networks. Will Page, chief economist at PRS for Music, will argue at a Westminster conference that a piracy fee would better align the financial interests of internet service providers with rights holders at a time when the two industries are at odds over who should bear the costs of online song swapping."

289 comments

  1. Rights Holder by jaminJay · · Score: 5, Insightful

    Silly me, thinking that it should be up to the rights holder to protect their rights.

    --
    Leela: "Is all the work done by children?" Alien: "No, not the whipping."
    1. Re:Rights Holder by TechForensics · · Score: 1

      Jeez, what are they going to think of next. Just amazing.

      --
      Those are my principles, and if you don't like them... well, I have others.
    2. Re:Rights Holder by Anonymous Coward · · Score: 0

      Silly me, thinking that it should be up to the rights holder to protect their rights.

      Silence, child! Know you not that we're in the age of externalities?

      Funny, though, I thought that Brits would be familiar with the phrase, "Kiss my ass."

    3. Re:Rights Holder by Anonymous Coward · · Score: 3, Funny

      My dear fellow, every Brit knows that it is "Kiss my arse"

      I have no desire to be near a donkey

    4. Re:Rights Holder by zebslash · · Score: 5, Insightful

      A federal offense ? In the UK ? That's new for me.

    5. Re:Rights Holder by Anonymous Coward · · Score: 0

      Federal offense? In the UK? Eh?

    6. Re:Rights Holder by Tim+C · · Score: 3, Insightful

      Yeah; that whole thing about being the 51st state isn't actually true, it just feels like it sometimes...

    7. Re:Rights Holder by Dekker3D · · Score: 1

      My dear fellow, every Brit knows that it is "Kiss my arse"

      I have no desire to be near a donkey

      You do have a desire to be near an arse, then?

    8. Re:Rights Holder by Anonymous Coward · · Score: 0

      "A federal offense ? In the UK ? That's new for me."

      With devolution in scotland, wales etc. the UK is a federal style national government, a bit like the Australian government. Unfortunatly england hasn't realised this yet and so hasn't got it's own government sorted.

    9. Re:Rights Holder by Anonymous Coward · · Score: 0

      Unless you have a remove arse kicking machine, it looks like he does.

    10. Re:Rights Holder by bjourne · · Score: 4, Insightful

      Um no. It is up to the state to protect and enforce the rights of its citizens. Otherwise we'd had a society where only the rights of the strong is worth anything.

    11. Re:Rights Holder by leenks · · Score: 2, Insightful

      Isn't that what we have?

    12. Re:Rights Holder by onceuponatime · · Score: 1

      Makes sure that all you brits submit a request to the new Freedom bill to reduce copyright length of time, introduced by the previous government, to a much reduced figure, perhaps the same figure it was 50 years ago.

    13. Re:Rights Holder by ultranova · · Score: 1

      It is up to the state to protect and enforce the rights of its citizens.

      And it fails miserably at that, having never once upheld my rights. But I guess some citizens are more equal than others.

      It's getting harder and harder to see the state as anything but the feudal lord's private enforcer.

      Otherwise we'd had a society where only the rights of the strong is worth anything.

      As opposed to our current society where only the strong have rights.

      --

      Forget magic. Any technology distinguishable from divine power is insufficiently advanced.

    14. Re:Rights Holder by Anonymous Coward · · Score: 0

      The post is from the future United Federation of Europe, where everything is federal offence, sometimes even federal offence. The emphasis depends on the current mood swing of the Supreme Chancellor of UFE.

    15. Re:Rights Holder by Zironic · · Score: 1

      Right, if you think western civilization is so horrible why don't you move to africa where they don't have any rights and have to deal with real feudal warlords?

      The truth of the matter is that the state is providing you with more rights then you can count, you're just too spoiled to notice.

    16. Re:Rights Holder by Odinlake · · Score: 1

      I love this idea! I'd have a really nifty way to punish my ISP next time I'm hit with technical problems and poor attitude!

    17. Re:Rights Holder by jgagnon · · Score: 2, Interesting

      Exactly. This is like charging phone companies for any scams done through their lines. Or charging gun dealers for each gun they sell that is used in a crime. Or charging car dealers for each car they sell that is used in some sort of crime. etc. etc. etc.

      --
      Remember to maintain your supply of /facepalm oil to prevent chafing.
    18. Re:Rights Holder by langelgjm · · Score: 1

      Um no. It is up to the state to protect and enforce the rights of its citizens. Otherwise we'd had a society where only the rights of the strong is worth anything.

      There's a bit of both. It's unrealistic to expect the state to do all of the work of enforcing the rights of all people at all times, so there is a hefty dose of personal responsibility that we expect from people. E.g., in intellectual property, the rightsholder generally has to complain about alleged violations, the state is not going to go looking for them on its own. Or with personal property, we expect people to take precautions like locking their doors and not leaving valuables unattended. And of course some people are better positioned than others to take these precautions, or to seek redress from the state when something bad happens.

      On the other hand, getting ISPs involved in the copyright issue is trying to coopt a third party into the enforcement of someone else's rights.Yeah, of course it better aligns the ISPs with the interests of rights holders. If you made a law saying I had to pay every time someone else pirated music, my interests would also align pretty quickly with those of rights holders.

      --
      "Anyone who [rips a CD] is probably engaging in copyright infringement." - David O. Carson
    19. Re:Rights Holder by Anonymous Coward · · Score: 5, Insightful

      No, it's like charging road builders for speeding tickets the police failed to collect. The end result would be roads of such quality, that you can barely drive on them, let alone speed.

    20. Re:Rights Holder by NotBornYesterday · · Score: 1

      Well, if they don't like it, they can always try to fight for independence or something. ;)

      (Smiley emoticon included to warn the humor-deficient among us that I'm just joking. Apologies to all non-humor-deprived slashdotters for having to read this disclaimer.)

      --
      I prefer rogues to imbeciles because they sometimes take a rest.
    21. Re:Rights Holder by NotBornYesterday · · Score: 1, Insightful

      They obviously are not thinking clearly. If they manage to succeed with some kind of 3-strikes law, and they depend on piracy for revenue, they're fucked.

      --
      I prefer rogues to imbeciles because they sometimes take a rest.
    22. Re:Rights Holder by hedwards · · Score: 1

      Canada is the 51st state, the UK is more like the 54th state after Australia and Germany.

    23. Re:Rights Holder by Anonymous Coward · · Score: 0

      Yeah. And the rich corps buy this protection. What could possibly go wrong?

    24. Re:Rights Holder by NotBornYesterday · · Score: 1

      However, ISPs that have knowledge or notice of infringement should be on the hook as well.

      No. The telephone company isn't on the hook if you use their lines for illegal speech, are they? Say for example that hate speech is illegal where I am, and I call someone up and make a racist, profanity-laced tirade against them. Does the telephone company have the duty (or the right) to monitor that call? Do they have any grounds to terminate my call, or summon the police? Should they share the burden of any penalty I might face for what I said? No. So why now should the ISP be placed in a position of enforcement?

      Copyright infringement is a federal offense

      In American perhaps. This is UK law.

      and as a criminal act

      In the UK it is subject to civil actions, unless it is commercial infringement.

      it is a common enemy of society

      Get off your high horse. So is speeding. So is jaywalking. So what?

      that all entities share a responsibility in mitigating.

      Should we take up arms or something? Or should we just pass a law that makes us all responsible for enforcing all laws? Give everyone a badge? No, as a matter of fact we shouldn't. It is fundamentally wrong to force a communications channel to police the content its users send and receive.

      --
      I prefer rogues to imbeciles because they sometimes take a rest.
    25. Re:Rights Holder by Anonymous Coward · · Score: 0

      And it fails miserably at that, having never once upheld my rights.

      Which rights have you had trampled upon, and when did you bring this to the attention of state authorities? I'm going to guess that not once have you filed a complaint with the police about any violation of your rights.

    26. Re:Rights Holder by icebraining · · Score: 0

      Funny; I just finished Philip Dick's The Simulacra, where they are governed by the USEA (United Stated of Europe and America)...

    27. Re:Rights Holder by Anonymous Coward · · Score: 0

      Where did you spend the last decade and a half?

      We're effectively living in a corporate-run oligarchy where citizens are only for paying taxes which get funneled directly to the corporations.

    28. Re:Rights Holder by commodore64_love · · Score: 1

      >>>They obviously are not thinking clearly.

      Time to teach them a lesson. Hack into this "Will Page, chief economist at PRS for Music"'s account and steal an amount equal to what Jamie Thomas was forced to pay for downloading ten shitty songs (~$70,000). Then move it over to Mr. Thomas' account.

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
    29. Re:Rights Holder by delinear · · Score: 1

      It's Jammie (which I insist on pronouncing "Jammy") and it's a she, unless you really meant the former pro-skateboarder Jamie Thomas, I'm sure he'd appreciate the unexpected windfall but I'm not sure what point it would make :)

    30. Re:Rights Holder by Anonymous Coward · · Score: 0

      Right, if you think western civilization is so horrible why don't you move to africa

      Yes, because if a single example of something worse exists, that makes it all perfectly OK. *rolls eyes*

      By that logic, it's OK for me to murder you in your own country, because worst stuff happens in other places...

    31. Re:Rights Holder by NotBornYesterday · · Score: 1

      Or install Bittorrent on his PC and start seeding a boatload of content. Muhahahahha ...

      --
      I prefer rogues to imbeciles because they sometimes take a rest.
    32. Re:Rights Holder by mcgrew · · Score: 1

      I'm not British, but say I am for the sake of argument. My ISP pays for piracy. I'm not a pirate. The ISP has to recoup the costs of fighting the IFPI's war. He passes the cost to me.

      Why should I pay to help the IFPI (European RIAA), an organization that I loathe and its members I hate? Jesus, the arrogant greedy selfish hubris of those evil bastards is unmatched. Any politician who goes along with this is on the take and should be in prison (along with the theieving record label executives).

    33. Re:Rights Holder by dissy · · Score: 1

      Well, if they don't like it, they can always try to fight for independence or something. ;)

      Interesting idea! But naa, I don't think that would ever work out! ;}

      Thou in all seriousness, looking at the outcome of that a couple hundred years later, and with the foresight of our founders... Perhaps they were more onto something than anyone realizes about constantly overthrowing the government.

    34. Re:Rights Holder by liquidsin · · Score: 1

      The truth of the matter is that the state is providing you with more rights then you can count, you're just too spoiled to notice.

      it scares me to know that there are people who believe that governments "provide rights".

      --
      do not read this line twice.
    35. Re:Rights Holder by Yamata+no+Orochi · · Score: 1

      You were sounding pretty rational until you started flipping out about hating America.

      Chill out.

    36. Re:Rights Holder by Anonymous Coward · · Score: 0

      Well when it said "Royalty Group" in the headline I immediately thought it was refering to Elizabeth, Phillip and thier offspring. (Edward is involved in making TV programs)

    37. Re:Rights Holder by NotBornYesterday · · Score: 1

      They knew perfectly well the ability to reform government as needed, and by whatever means necessary, should always be preserved. The genius in creating the Constitution the way they did was that it provided the best resistance to tyranny they could conceive of. Not just for the benefit if individuals and our rights, but so that the government itself could be reformed through peaceable and lawful means, rather than revolution.

      --
      I prefer rogues to imbeciles because they sometimes take a rest.
    38. Re:Rights Holder by Zironic · · Score: 3, Insightful

      That's the entire reason we have government. The most basic service that government provides is protection, when that service is not provided then you get anarchy and your rights quickly become "none whatsoever". Just look at post-invasion Bagdad or post-hurricane New Orleans.

      The reason I said that the government provides your rights is because ultimately they're the only ones that can enforce them, what would be the alternatives, pay the corporations to do it? I'm sure they'd be honest, vigilante justice? that works GREAT.

      Sure it's to some extent problematic since some of the rights we expect to be enforced is the freedom from the government, but that's why we have to hold the government accountable. However I'll maintain that thinking that the government is not enforcing any of your rights is profoundly ignorant.

    39. Re:Rights Holder by xorsyst · · Score: 1

      You mention all the US/UK differences and then say jaywalking is a common enemy of society? Say what?

      --
      Get free bitcoins: http://freebitco.in
    40. Re:Rights Holder by NotBornYesterday · · Score: 1

      He was making the point that all of society should do their part to end illegal filesharing. I was making the point that lots of trivial illegal things happen daily, and none of them warrant the excessive response he is advocating. Including jaywalking and filesharing.

      --
      I prefer rogues to imbeciles because they sometimes take a rest.
    41. Re:Rights Holder by Yvan256 · · Score: 1

      I have no desire to be near a donkey

      Chef Ramsay is that you?

    42. Re:Rights Holder by xorsyst · · Score: 1

      But jaywalking isn't illegal!

      --
      Get free bitcoins: http://freebitco.in
    43. Re:Rights Holder by NotBornYesterday · · Score: 1

      Well, I might be mixing up my US and UK law here. IANAL. Here in the US it is against the law in most places.

      --
      I prefer rogues to imbeciles because they sometimes take a rest.
    44. Re:Rights Holder by NotBornYesterday · · Score: 1

      Correction: Here in the US it is against the law in most places AFAIK.

      --
      I prefer rogues to imbeciles because they sometimes take a rest.
    45. Re:Rights Holder by that+IT+girl · · Score: 1

      That's protecting rights, though, not providing them. There is a subtle but distinct inherent difference.

      --
      10 FILL MUG WITH COFFEE
      20 DRINK COFFEE
      30 GOTO 10
    46. Re:Rights Holder by ultranova · · Score: 1

      Right, if you think western civilization is so horrible why don't you move to africa where they don't have any rights and have to deal with real feudal warlords?

      That's the direction we are heading towards. There's already private armies for hire. Corporations are citizens, and favoured far above real human beings. If I'm sued by one, I have little choice but to settle, whether I'm guilty or innocent; after all, I can't afford a legal battle - and what does that make courts, other than enforcers for protection rackets?

      The truth of the matter is that the state is providing you with more rights then you can count, you're just too spoiled to notice.

      It's good that you know these things based on a single post on Slashdot. I wish I was such a good judge of character.

      --

      Forget magic. Any technology distinguishable from divine power is insufficiently advanced.

    47. Re:Rights Holder by freedom_india · · Score: 1

      The Government does NOT provide Rights. Rights belong to the people. In a Democratic Republic, the people surrender some of their Rights to the Government in return for the common good and safety. The degree of surrender determines the power the Govt has over its people. Which is why the PATRIOT Act raises hackles.

      --
      "Doing what i can, with what i have." ~ Burt Gummer
    48. Re:Rights Holder by Anonymous Coward · · Score: 0

      You mean, we are governed. ;)

    49. Re:Rights Holder by thijsh · · Score: 1

      Legally speaking, no... But *legally* speaking, yes!

    50. Re:Rights Holder by matfud · · Score: 1

      Where the hell did you get that idea from?

    51. Re:Rights Holder by Alphathon · · Score: 1

      That simply isn't true. We are a unitary state, not a federation. It is a similar concept in some respects, but certainly not the same. While it would be possible to have an English parliament or assembly, it is unlikely to happen simply because the majority of the commons is representing England, therefore that is who is represented the most by the laws made. That is why devolution happens - because the interests of Scotland, Northern Ireland, Wales and England tend to be different, and generally laws represent the English due to the large number of seats. Of the 650 constituencies in the UK, Scotland has 59, Wales has 40 and Northern Ireland has 18. England has a whopping 533 and to put it even more in perspective, London has 73. As a result, UK law represents the English vs. everybody else by more than 4.5:1

      Back on point though, it isn't possible to have a federal offence in the UK, as it is not a federation. In a federation, a federal offence is basically an offence that applies in all member states of the federation, so the closest equivalent would simply be a law for which appropriate powers haven't been devolved or said devolved powers have not been utilised (i.e. most laws).

      In regards to the actual article, the concept is absolutely ridiculous. The Digital Economy Bill is evil/wrong when it comes to suspected piracy, punishment for other peoples crimes, guilty until proven innocent etc, but this is just plain stupid. You might as well fine the electricity companies for facilitating piracy as well - after all, you can't download things if you don't have power; it makes about as much sense.

    52. Re:Rights Holder by OeLeWaPpErKe · · Score: 1

      Yes, just like people who hold the rights to houses should be responsible themselves for keeping out burglars or murderers, right ? And if they fail, it's obviously their own fault right ?

      And why stop there ? You have a right to be paid by your employer. Obviously you cannot be allowed to call for legal aid if you fail to enforce this right yourself, right ?

      This is an argument that goes quite far beyond stupidity.

      Here's how it works, the state has a monopoly on violence against persons. In trade for that monopoly (and taxes) the state has to defend all your legal rights using the appropriate violence (whether that means a police officer or a military campaign). All your legal rights (balanced, of course, against the rights of others). Your right to be left alone in your own home, your right to acquire whatever people who contracted with you promised they'd give you (say, your wages) and the right of copyright holders to be compensated for the distribution of their copyrighted works.

      You can whine about it until the cows come home, but in actuality the failure of the state to prevent internet copying is a massive failure to uphold the law. It is, in essence, disrespecting the state's duty to uphold the law.

      It is a massive failure of the (civil) justice system that these laws are not enforced.

      I'm not saying I want draconian measures by the government, and I'm certainly not trying to justify such measures, I'm just trying to call a cow a cow. Internet copying is a direct breach of law. You don't like the law ? Great, the place to fight laws is parliament and demonstrations. If you can't do that, please stop whining.

    53. Re:Rights Holder by jgagnon · · Score: 1

      My point was about who should be held accountable, not whether anything should be done. Holding an ISP accountable for traffic through their network (not talking about hosting it) is a very dumb idea. You would be, in effect, turning every ISP into law enforcement, which is a terrible idea. Again, if they're hosting the illegal content then that's an entirely different situation.

      In order for an ISP to even begin to do the job correctly they would literally have to scan every byte of data going through their network and compare it to an ever growing list of "bad stuff". And what if that list isn't updated in a timely fashion? Who gets the blame then? If someone renames an MP3 to something else or buries it in a ZIP file or any other compression or encryption format, is it still the ISPs fault for not catching it? Where can you draw the line that doesn't leave this whole issue of ISP enforcement completely vague and unmanageable?

      --
      Remember to maintain your supply of /facepalm oil to prevent chafing.
    54. Re:Rights Holder by Anonymous Coward · · Score: 0

      Straight from the constitution of the Democratic People's Republic of Korea I assume.

    55. Re:Rights Holder by Zironic · · Score: 1

      It's not like "And it fails miserably at that, having never once upheld my rights" is hard to interpret.

    56. Re:Rights Holder by nabsltd · · Score: 2, Informative

      It is a massive failure of the (civil) justice system that these laws are not enforced.

      There is no failure of the justice system in this case. The laws say that the rights holder must sue to recover damages. If they don't choose to do this, then that's their problem. Likewise, if they choose to sue with shaky evidence, it's also their problem.

      Meanwhile, look at the group that wants money in this case: songwriters and composers. These people already receive money from compulsory licensing, and generally receive nothing when a CD (or track) is sold.

      So, this is just a money grab for these people because they aren't losing anything due to file sharing.

    57. Re:Rights Holder by Anonymous Coward · · Score: 0

      "My boyfriend beats me a LOT less than Suzie's beats her, so I really shouldn't complain"

    58. Re:Rights Holder by sumdumass · · Score: 1

      Yes, just like people who hold the rights to houses should be responsible themselves for keeping out burglars or murderers, right ? And if they fail, it's obviously their own fault right ?

      It's certainly not your electric provider's fault, it's certainly not the corner convenient store's fault, so why pretend that it's the ISP's fault or obligation? They, like the others, are just members of your community that offer a service. Should the store be responsible for your house being robbed because the burglar looked through their window while buying something and saw you leaving the premises? Should the electric company be responsible because the crook flipped on a light to see what they were stealing? Then why would the ISP be responsible when they are not hosting the content, encouraging it's theft, or pointing to the location of it in any way? (if they are, then existing laws would cover that).

      Here's how it works, the state has a monopoly on violence against persons. In trade for that monopoly (and taxes) the state has to defend all your legal rights using the appropriate violence (whether that means a police officer or a military campaign). All your legal rights (balanced, of course, against the rights of others). Your right to be left alone in your own home, your right to acquire whatever people who contracted with you promised they'd give you (say, your wages) and the right of copyright holders to be compensated for the distribution of their copyrighted works.

      You can whine about it until the cows come home, but in actuality the failure of the state to prevent internet copying is a massive failure to uphold the law. It is, in essence, disrespecting the state's duty to uphold the law.

      It is a massive failure of the (civil) justice system that these laws are not enforced.

      I'm not saying I want draconian measures by the government, and I'm certainly not trying to justify such measures, I'm just trying to call a cow a cow. Internet copying is a direct breach of law. You don't like the law ? Great, the place to fight laws is parliament and demonstrations. If you can't do that, please stop whining.

      I don't disagree with your point in general, I just don't think it's practical with the situation at hand. You see, this move isn't attacking anyone responsible for the breach of law. It's penalizing the provider of legal services because someone breaks the laws. If this logic would be followed through, then the state/city would be responsible for every crook that walks down a public sidewalk or drove down a road in order to commit their crime. If this logic would be followed through, then the store who sold the crook a pack of gum that was later used to imitate a gun while robbing someone would be responsible for the robbery.

      Of course life and law doesn't work that way. You have to have knowledge that you are participating in or aiding the commission of a crime in order to be held responsible to that crime. What they want to do is ignore that rational and time tested line of thinking and make the ISP's responsible for the breach of law that might happen on their networks. And of course the ISP's will simply pass it down to the people using the service because it creates a cost that will need to be recouped so they are essentially creating a tax on you and me whether we pirate music or not.

      But more to the point, if the ISP's are paying royalties for illegal file shares conducted by third parties, then technically, no breach of law is happening so I would never buy anything music related again, I would just down load it and not worry about it. I would also get it cheaper by doing it this way because the costs would be spread out to you and your parents who have internet but don't pirate anything too.

      It's just a bad move, a bad idea all the way around to make casually related but not involved entities responsible for breaches of the law. Especially when those remedies make the breach non-existent in the intent of the law.

    59. Re:Rights Holder by UnknownSoldier · · Score: 1

      Please Mod Parent Up.

      This is _precisely_ why the US has the Tenth Ammendment
      http://en.wikipedia.org/wiki/Tenth_Amendment_to_the_United_States_Constitution

    60. Re:Rights Holder by DrEldarion · · Score: 1

      ... except when they try to, everyone flips out about them suing the pirates or using DRM.

    61. Re:Rights Holder by VirginMary · · Score: 1

      Canada is the 51st state, the UK is more like the 54th state after Australia and Germany.

      I am from Germany and I resemble that remark!!

      --
      When 1person suffers from a delusion,it is called insanity.When many people suffer from a delusion,it is called religion
    62. Re:Rights Holder by Anonymous Coward · · Score: 0

      52nd. I know you're older but Canada is closer.

    63. Re:Rights Holder by zeropointburn · · Score: 1

      That would be because the well-publicized cases are obviously deficient, improperly pursued, and massively cash imbalanced. Further, they apply laws intended for profit-making commercial copyright violators to private-party not-for-profit copyright violators. The applicable laws have their uses against multimillion dollar criminal enterprises, but they represent nuclear overkill when applied to mere individual citizens. Slashdot likes the underdog and really dislikes corporate overkill, and we love to point out reality distortion fields.

      As for DRM...

      DRM doesn't.

      Doesn't what? Doesn't do a damn thing it claims other than criminalizing previously legal acts.

      --
      -1 raving lunatic; +6 subGenius... Things even out...
    64. Re:Rights Holder by John+Hasler · · Score: 1

      > Doesn't do a damn thing it claims other than criminalizing previously legal
      > acts.

      DRM does no such thing. Laws criminalizing the bypassing of DRM do so.

      --
      Warning: this article may contain humor, sarcasm, parody, and perhaps even irony. Read at your own risk.
    65. Re:Rights Holder by Anonymous Coward · · Score: 0

      Jeez, what are they going to think of next. Just amazing.

      Probably some really dumb shit like suing gun manufacturers after a gun is used to kill someone.

      Oops, overtaken by events again.

    66. Re:Rights Holder by Anonymous Coward · · Score: 0

      I think you may be correct judgeing from what I have seen. The rules are there they just need to be enforced.

    67. Re:Rights Holder by Anonymous Coward · · Score: 0

      I thought you were looking odd today *nods*

    68. Re:Rights Holder by OeLeWaPpErKe · · Score: 1

      That's the problem with law. You don't really care about what's practical ... but about what's right.

      It would be right (lawful, if you like) to have some device inspecting network traffic, and then calling offenders into the station.

      You know, like a cop on the street.

      The only place such a device could function is in all isps (just like cops get access on any -and all- locations, public or private. With the small detail that private locations are off limits until probable cause is established (probable being the operative word, they get to make mistakes))

      There's merit, given the way our justice system works, for devices in isp's checking (and enforcing) the law.

      The one thing I really don't agree with is that these devices would have to be paid by the ISP. They should be on the taxpayer's money.

    69. Re:Rights Holder by OeLeWaPpErKe · · Score: 1

      It's certainly not your electric provider's fault, it's certainly not the corner convenient store's fault, so why pretend that it's the ISP's fault or obligation? They, like the others, are just members of your community that offer a service. Should the store be responsible for your house being robbed because the burglar looked through their window while buying something and saw you leaving the premises? Should the electric company be responsible because the crook flipped on a light to see what they were stealing? Then why would the ISP be responsible when they are not hosting the content, encouraging it's theft, or pointing to the location of it in any way? (if they are, then existing laws would cover that).

      Agreed. However all these people should cooperate with the police and the victim in identifying both the illegal acts and the perpetrators.

      Mostly people/companies cooperate because they're the victim, they are mostly the guy with the best possible information to catch the crook (e.g. the electricity company is the victim of electricity theft, and files a complaint after finding a cable inserted into their infrastructure and going into someone's home address).

      But even when you have zero reason to help the police or a illegally disadvantaged party, you should still help them identify the crime and the criminal.

      Even if you see someone openly violate a contract, strictly speaking, it's your duty to report it. Additionally, depending on the kind of offense (ie. if it's criminal, like sabotage or fraud) it's your duty to attempt to stop it from happening (mostly calling the police is sufficient, but you HAVE to do something).

      So are the ISP's responsible for other people's crimes ? Of course not. They are, however, forced to do everything in their power (including packet inspection I would think) to at the very least report criminal activity on their networks. Even if they themselves have nothing to do with it.

    70. Re:Rights Holder by leenks · · Score: 1

      Isn't that what I said? That the only the rights of the strong are worth anything, ie your "corporate-run oligarchy".

      Though I wasn't aware that the UK was quite at the point of being run by the corporations.

    71. Re:Rights Holder by sumdumass · · Score: 1

      Agreed. However all these people should cooperate with the police and the victim in identifying both the illegal acts and the perpetrators.

      Agreed, unless there is a law making the information private and the police or victims need to take steps like getting a warrant first. Then they should comply with the law and the warrant. I believe that's how it works currently.

      Mostly people/companies cooperate because they're the victim, they are mostly the guy with the best possible information to catch the crook (e.g. the electricity company is the victim of electricity theft, and files a complaint after finding a cable inserted into their infrastructure and going into someone's home address).

      But even when you have zero reason to help the police or a illegally disadvantaged party, you should still help them identify the crime and the criminal.

      Even if you see someone openly violate a contract, strictly speaking, it's your duty to report it. Additionally, depending on the kind of offense (ie. if it's criminal, like sabotage or fraud) it's your duty to attempt to stop it from happening (mostly calling the police is sufficient, but you HAVE to do something).

      So are the ISP's responsible for other people's crimes ? Of course not. They are, however, forced to do everything in their power (including packet inspection I would think) to at the very least report criminal activity on their networks. Even if they themselves have nothing to do with it.

      I agree here too. Misprison of a crime is illegal in almost all legal jurisdictions built from English common law. However, you are not required under any situation to go out looking for violations of any laws. This is especially true when the ISPs are required to exert a certain amount of privacy on their networks by law. Wire tapping without a warrant is illegal and that's what packet inspection to determine the information being sent is. No matter how you look at it, if you are determining the content of the communications through packet inspection, you are illegally listening in on the communications unless you have a warrant or a law authorizing it.

      If they notice criminal activity, sure, they have an obligation to report it. But even then, they have to know it's a criminal activity and for anything to be done about it, the authorities they report it to has to have some sort of jurisdiction or the ability to contact others with it. This complexity alone is one reason why most ISPs, even when they aren't considered common carriers, have special provisions in laws stating that they aren't liable for third party content if they had no part other then offering/providing the internet service and remove it after being notified by a legitimate owner of the content. This is the way it should be.

    72. Re:Rights Holder by Anonymous Coward · · Score: 0

      The reason I said that the government provides your rights is because ultimately they're the only ones that can enforce them, what would be the alternatives, pay the corporations to do it?

      The government doesn't provide protection. It provides organization and implementation of the public's will.

      And a well-armed populace enforces it's own rights.

    73. Re:Rights Holder by OeLeWaPpErKe · · Score: 1

      Have you ever seen an ISP's traffic graphs ? Surely you're not claiming that anyone would miss the obviously illegal activity on those ?

      And traffic graphs, even separated by protocol are not (currently considered) invasions of privacy.

      This is the way it should be.

      No it's not. It's a system that allows a form of theft, even if only by the complexities and cost of the law. It actively encourages theft, even.

      Yes you can't take de-facto free stuff away from the masses once given without a revolution. Or at least no state has ever done so, from the Roman empire (and you'll see the healthcare bill will bankrupt the US before they'll repeal this moutain of debt) ... but that doesn't make it right, or sustainable. It's not.

      We both know this. And we both like to tell ourselves fairy tales that say otherwise. But one day the pound of flesh will come due ... and we'll both be fucked.

    74. Re:Rights Holder by sumdumass · · Score: 1

      Have you ever seen an ISP's traffic graphs ? Surely you're not claiming that anyone would miss the obviously illegal activity on those ?

      And traffic graphs, even separated by protocol are not (currently considered) invasions of privacy.

      Are you suggesting that the ISP just ban certain communications? I don't think I can agree with that seeing how I have very legit traffic that would fall into the same areas that the illegal traffic is moving. Should I be reported to the police for breaking a law when I haven't? You do not know the contents of the communications unless you read the packets.

      No it's not. It's a system that allows a form of theft, even if only by the complexities and cost of the law. It actively encourages theft, even.

      No, it's a system that doesn't make everyone else the police and holds them harmless if they didn't participate in the crime. Your utility provider shouldn't be checking your electricity to see if it spikes then claiming you are growing pot when you purchased a welder or space heater and used it- even though your spikes appear like grow lights.

      Yes you can't take de-facto free stuff away from the masses once given without a revolution. Or at least no state has ever done so, from the Roman empire (and you'll see the healthcare bill will bankrupt the US before they'll repeal this moutain of debt) ... but that doesn't make it right, or sustainable. It's not.

      Huh? The curent system works as designed. If you have a right granted by law (in this case copyright), then it is your job to determine when your right is being violated, not anyone else's except when it's discovered by the proper authorities in a legal action they have taken.

      We both know this. And we both like to tell ourselves fairy tales that say otherwise. But one day the pound of flesh will come due ... and we'll both be fucked.

      If you are talking about the health care disaster, you are probably right. If you are talking about copyright, you lost me.

    75. Re:Rights Holder by OeLeWaPpErKe · · Score: 1

      If you are talking about copyright, you lost me.

      Come on, we agree on 3 counts :
      1) the current legal system is not (or at least insufficiently) protecting copyright
      2) this carries a cost
      3) this has the potential of spilling over into other things

    76. Re:Rights Holder by sumdumass · · Score: 1

      It's the fairy tales part that lost me.

      I don't think I can disagree with the three points but making someone who is not connected outside of providing a communications service pay for the problems you seek to remedy is the fairy tale. And all the supposed snooping though packets only opens up more serious problems.

  2. well great .. no really... by powerspike · · Score: 5, Insightful

    Great,
    If i'm going to paying a mothly fee for pirated music, i'll be sure to download my allocation's worth every month, after i've then paid for it then haven't i?

    1. Re:well great .. no really... by 2Y9D57 · · Score: 1

      What allocation? You may as well fill your boots. Run your intertube red hot 24/7.

    2. Re:well great .. no really... by deniable · · Score: 1

      I didn't inhale.

    3. Re:well great .. no really... by Anonymous Coward · · Score: 0

      I came here to have fun and download mp3s, and I'm all out of fun!

    4. Re:well great .. no really... by Dekker3D · · Score: 2, Insightful

      I'd just like to add one justification that does work:
      - I've already bought it but don't feel like infecting my computer with some company's malware, by actually installing it from cd. And DRM is more likely to infect my computer than warez nowadays thanks to Sony BMG and others.

    5. Re:well great .. no really... by thijsh · · Score: 5, Insightful

      I'm currently paying for music in the following ways (probably more):
      - Legally downloaded music
      - Donations to great internet radio
      - Last.FM all- you-can-eat subscription
      - Concert and festival tickets
      - Monthly fees for radio (comes with cable)
      - Tax on my blank CDs and MP3 player
      - And newest proposal: tax the internet

      There are countless ways they want our money for music made by others... But somehow I am still a criminal who owns them a gazillion for downloading some music??? When will this madness end?

    6. Re:well great .. no really... by Vectormatic · · Score: 1

      Not to mention listening to adds, the proceeds of which are partly used to pay license fees for radio stations.

      No, it doesnt concern an actual cash-flow, but given how annoying adds mostly are (and that they themselves add zero value to the listener most of the time), i would consider that paying for the music

      --
      People, what a bunch of bastards
    7. Re:well great .. no really... by thijsh · · Score: 2, Insightful

      That's exactly why I donate to ad-free community-supported radio like Soma.fm.

    8. Re:well great .. no really... by Joce640k · · Score: 2, Insightful

      I bought an SD card the other day. On the invoice it listed the RIAA tax separately, it's the first time I've seen that done.

      If I've paid in advance for the pirated music I'm supposedly going to put on it, I might as well go ahead and do so, right?

      --
      No sig today...
    9. Re:well great .. no really... by Anonymous Coward · · Score: 0

      More like an admission of guilt fine...but hey, if you're already found guilty you may as well commit the crime. Double jeopardy and all that ;)

    10. Re:well great .. no really... by Vanderhoth · · Score: 3, Interesting

      Good question, how can you "steal" or infringe on something you've already paid for. Someone being sued by the *IAA should bring up that point. I'd like to see the out come.

    11. Re:well great .. no really... by thijsh · · Score: 3, Insightful

      You'd think so, but sadly according to them, you can't. And the politicians seem to agree with the bribes ... uhhhh I misspelled lobby ... from the industry.

    12. Re:well great .. no really... by Anonymous Coward · · Score: 0

      I'd just like to add one justification that does work:
      - I've already bought it but don't feel like infecting my computer with some company's malware, by actually installing it from cd. And DRM is more likely to infect my computer than warez nowadays thanks to Sony BMG and others.

      are Sony BMG still up to that rootkitting DRM nonsense from many years ago - i thought they'd abandoned that rather humbly apologising for that nonsense?

      by they way, at the time it seemed like it was only the most awful and popular trivial sheee-ite that was getting the crumby root-kit drm like celine dione that were hit by this. stick to respectable artists and record labels with credulity and you'll be right.

    13. Re:well great .. no really... by Custard+Horse · · Score: 1

      Point taken but if ISPs have to pay £x per user they can pass this onto the user who can then download as much pirated music as s/he likes? You will then have some ISPs that stop illegal downloading and some that encourage it - the former will be less expensive than the latter.

      This makes an absurd kind of sense and is better than passing the incalculable cost of piracy onto all broadband users. Perhaps this is the new business model all have been waiting for?

    14. Re:well great .. no really... by AltairDusk · · Score: 1

      I'm perfectly willing to pay for music I like... so long as not a single cent of it goes to the RIAA or their overseas counterparts. Plenty of smaller artists selling their own music or affiliated with small, decent labels have received payment from me.

    15. Re:well great .. no really... by thijsh · · Score: 1

      I like sites with a clear business-model like cdbaby.com, artists can decide their own price and know what part they will get. Simple and easy to publish music like that! I found some nice artists there, no need to go big label indeed. But it goes a little too far to say that I will never buy any big label music I like, that too goes against my principles, but I try to avoid it yeah... ;-) Especially since too much of our money somehow already makes it's way into the record-execs pockets...

    16. Re:well great .. no really... by that+IT+girl · · Score: 1

      I was just thinking that all this would do would to be drum up business for the ISPs that opted to pay the fees instead of do anything more to combat piracy.

      --
      10 FILL MUG WITH COFFEE
      20 DRINK COFFEE
      30 GOTO 10
    17. Re:well great .. no really... by Anonymous Coward · · Score: 0

      Point taken but if ISPs have to pay £x per user they can pass this onto the user who can then download as much pirated music as s/he likes?

      No, this levy/tax/duty is to cover their losses due to piracy. They'll still sue/disconnect downloaders.
      Why get paid once when you can lobby to get paid twice.

      I believe they tried this in Spain. They now have an 80% piracy rate and music revenue dropped to about 10% of it's previous levels.

      They'll estimate a reasonable amount for their losses due to piracy.. say £48 billion (i'm sure the actual figure is much higher of course)
      then divide that by the number of broadband connections (say 12 million) and then come up with a figure. Its easy to see a fair amount for
      each connection is in the region of about £4,000 per year (not including admin fees)

    18. Re:well great .. no really... by mcgrew · · Score: 1

      Once bitten, twice shy. You can easily rip a CD without executing any code from it. My PC was infected with XCP because my daughter, who bought the CD in the record store she worked in, trusted that a large reputable corporation woudn't knowingly put malware on a music CD and ran the executables.

      She knows better now. Sony taught us to never EVER trust ANY corporation, especially Sony. After XCP, anyone who buys anything digital whatever from Sony, especially a computer, is a gullible fool.

    19. Re:well great .. no really... by Dekker3D · · Score: 1

      Actually, it's not that bad on systems that have their own DRM included.. IF they don't need to transfer the DRM-infested material to normal computers, that is. I recently bought Dragon Age for the PS3, knowing that the built-in DRM would not screw me over too badly. The risk would be far greater if I'd bought it for the PC though.

      I'm still beating myself up for trying Settlers again though... bleh. Piracy on DRM-enabled software is more difficult, but often easily worth it simply because you don't risk losing your game or not being able to play it when you want. I hear Settlers pauses when you lose your connection, and guess just what genre of game I turn to when my internet connection dies? ... Okay, I'd turn to Dwarf Fortress first. But you know what I mean!

    20. Re:well great .. no really... by Anonymous Coward · · Score: 0

      Sooo.... what happens to those of us who don't pirate music? Yes, that's right, there are some people who just use computers as, well, computers. Do we also have to pay a levy?

      The PRS, as I recall, is the organization which threatened a woman shop worker for singing while working as the public could hear her and thus her off tune warblings constituted a performance of copyrighted work. They've also put a stop to radios being played in garages and the like unless a fee is paid to them.

      Why should I have to pay anything to such a group of greedy anal retentives?

    21. Re:well great .. no really... by Anonymous Coward · · Score: 0

      One more:

      I do it to bring crazy shits like you out of the woodwork.

      Don't want you turning pale like the troglodyte you really are.

  3. No further prosecution? by some_guy_88 · · Score: 3, Insightful

    If this would mean that no further prosecution of end users would be allowed then this may not be such a bad idea. The levy would be passed on to consumers making our connections slightly more expensive but I'd pay more money to not be hassled about file sharing.

    1. Re:No further prosecution? by davester666 · · Score: 5, Insightful

      Really? Only slightly more expensive?

      Think more along the lines of, well, each file going through any file sharing method, probably includes at least one song, so that'll be a US dollar [or like amount]. Now multiply the number of files flowing through the ISP to all it's subscribers each month times $1 = monthly levy.

      This number is unlikely to be acceptable to the ISP's subscribers.

      A smaller number, like say, $10 or $15/month/subscriber [roughly what subscription music services charge] is a no-go, because that is for renting the music for a month. File downloads don't expire, so it's only fair that they are charged as purchases instead.

      Of course, no need to track which specific songs are downloaded, or even if the file is a music file [or contains music], as ALL the money stops at the labels, rather than say, even paying the couple percent royalties to artists for the music.

      --
      Sleep your way to a whiter smile...date a dentist!
    2. Re:No further prosecution? by swilver · · Score: 3, Insightful

      I'm not in favor of giving some organization, that does not represent ALL rightsholders, money for counting bits going through my connection. If they however can sort the bits into nice buckets so I can clearly see who they belong to, than it might work. I'd prefer an organization like this on my monthly bill:

      1) total amount of bits downloaded
      2) number of copyrighted bits downloaded
      3) number of copyrighted bits downloaded without permission of the rightsholder
      4) number of copyrighted bits downloaded without permission of the rightsholder represented by this organisation

      Plot them in a nice graph, with green, yellow, orange and red bars, so I know which flavor I downloaded the most. /sarcasm

    3. Re:No further prosecution? by hitmark · · Score: 2, Interesting

      yep, its mostly the same as some nations have had on the sale of things like blank cassette tapes and CD-Rs for decades.

      now if the media companies want it both ways, any sane judge should tell them to get lost.

      --
      comment first, facts later. http://chem.tufts.edu/AnswersInScience/RelativityofWrong.htm
    4. Re:No further prosecution? by L4t3r4lu5 · · Score: 1

      Indeed. I'm sure Metallica would love to hear that I downloaded their entire back catalogue from TPB for an extra £2 per month on my broadband bill!

      Plus, my ISP will love me seeding everything I have, and downloading absolutely everything I can all day, every day. It won't hit their profits at all...

      --
      Finally had enough. Come see us over at https://soylentnews.org/
    5. Re:No further prosecution? by Znork · · Score: 2, Insightful

      Indeed. And if all holders are represented, that should be a nice bonus for open source authors. If we're applying blanket transfer taxes, then it would be reasonable that all producers got compensated and incentivized. Hey, maybe even us commenters could get our cut.

      so I know which flavor I downloaded the most.

      If you're an average internet dweller, from what I've read it's probably the pink pr0n bar. Which of course means that any 'fair' distribution of royalties will never be implemented; it'd become one huge porn-financing scheme.

    6. Re:No further prosecution? by Thanshin · · Score: 2, Funny

      Dear god, now I'm suddenly in favor of this proposal.

      Pr0n tax ftw!

      Of course there would have to be public polls to vote for the best content, which should get the most compensation.

      Or it could become part of the political parties' program. Democrats could promote child porn for their christian voters, and democrats... bestialism for the hippies? There's still so much to investigate... I suggest a ministry of pr0n to be created right now.

    7. Re:No further prosecution? by excelsior_gr · · Score: 1

      Hey! there may be a market opportunity there! "Our internet connection costs more, but comes with the *paid right* to download anything you want!" Sure it will be a hassle for the ISP, but that's what one pays for, right? Interesting idea...

    8. Re:No further prosecution? by Anonymous Coward · · Score: 0

      If i start paying a 'tax' based on what other people pirate.... Theres no longer any real incentive at all not to pirate everything i ever never wanted....

      I'm gonna setup the worlds largest torrent site and seed every single file myself. forever.

    9. Re:No further prosecution? by Anonymous Coward · · Score: 0

      I object to any proposal that amounts to the general public paying to subsidize the filth and immorality promoted by the music industry. If customers want to buy their filth, that's free speech. Having the public subsidize gangster rap and other forms of immorality which aren't selling is absolutely out of the question.

    10. Re:No further prosecution? by GaryOlson · · Score: 1

      If you are going to collect and allocate taxes for pr0n, and create a ministry to administrate this pr0n, then you must create an approved curriculum for the public schools. This curriculum must be taught as part of government studies; and instruction must conform to ensure the students pass the pr0n section of government studies. Field trips, guest speakers from industry, and homework supplies will need to be identified, inspected and approved for the pr0n class. Our children cannot be ignorant of the purposes for which the government collects taxes.

      --
      Every mans' island needs an ocean; choose your ocean carefully.
    11. Re:No further prosecution? by NotBornYesterday · · Score: 2, Insightful

      Do deaf people still have to pay the tax on blank CDs?

      --
      I prefer rogues to imbeciles because they sometimes take a rest.
    12. Re:No further prosecution? by Mathinker · · Score: 1

      Your post and the GP have almost made me regret posting in this discussion, so I can't mod you both Funny.

      Thanks for brightening up my day!

    13. Re:No further prosecution? by JaredOfEuropa · · Score: 1

      No. This will change the ISPs role from what it properly should be (a pipe into the internet) to being responsible for what actually passes through that pipe. Here is how it goes:

      1) ISPs will charge customers for the "piracy fee".
      2) ISPs will offer a "clean" subscription that blocks Torrent and other stuff, at a lower subscription rate
      3) More and more ports and traffic types will be blocked as pirates and leechers try to route around the blocks in place.
      4) The ISP will start opening up services again, for a small addition to your monthly fee which will go towards the IPSs piracy tax bill. Want torrents? $10. Using DropBox? That's $5. Access to usenet binaries? Another $7. And so on.
      5) Meanwhile, some clever lawyer will use this precedent to sue ISPs, demanding taxes and damages for all manner of clients. The NYT will want a cut of the action for people who pirate their premium content. Apple and AT&T will demand money for distributing iPhone jailbreaks. Software companies will want in on the game as well...

      There are far too many people out there who would nothing better than to be allowed to levy a blanket tax on the Internet. And be assured that in the end this will not serve the public. Distributors of content (somehow the actual creators do this far less) claim that piracy will ultimately ensure no works of quality are produced, but why produce quality content if your income comes from taxes and is based on quantity? Sounds a bit like the "railroad unification plan" from Atlas Shrugged...

      --
      If construction was anything like programming, an incorrectly fitted lock would bring down the entire building...
  4. Conflicting Ideas by Spad · · Score: 4, Insightful

    Which would be fine in principle if the PRS were the only game in town, but they're not.

    So you'd have the PRS collecting their piracy levy from users (via the ISPs) and the BPI suing the same users (and ISPs if they can wangle it) for the same piracy, while doubtless also collecting a levy on blank media just in case someone puts some pirated stuff on it. Presumably if you then posted that media to someone the PRS would want to collect a levy from the Royal Mail for sending pirated stuff via the post.

    1. Re:Conflicting Ideas by Anonymous Coward · · Score: 1, Interesting

      Actually wouldn't the easy way to do this be to aggregate the torrent/filesharing traffic (what's not encrypted) and use the headers to figure out which songs are being downloaded. Each ISP provides a list of these to the government, who is responsible for recieving the taxes, and then redistributing them to the proper licensing firm (after taking their cut of course.). In the end people never pay for music anymore because they're being taxed to download it whether or not they did. Licensing firms are only getting money for songs they actually maintain the licensing for, and us regular consumers get all the free music downloads we want, yay! :D Let's see how long their stupid model lasts if they do that.

      Hint: All it'll take is people starting to download the 'wrong' songs off p2p and the whole kebash will crumble down on them. It might take a few years, but this practice would most likely accelerate it. (Since why waste time listening to the radio/tv/whatever when it's cheaper to just download them all anyway? :D

    2. Re:Conflicting Ideas by Anonymous Coward · · Score: 1, Insightful
      Actually wouldn't the easy way to do this be to aggregate the torrent/filesharing traffic (what's not encrypted) and use the headers to figure out which songs are being downloaded.

      That might work for what ever is on the top-1000 list this week, but even if the file contained decent headers, how could they possibly sort out whom to pay for a "pirated" copy of "Sonata in D"? Of course the mafia's point will be that it is ours anyway, pay us, and we may forward the money to someone, some day... And I bet if I compose, perfofrm, record, and release my own "Sonata in D", I will never get any money from the mafia!

    3. Re:Conflicting Ideas by Anonymous Coward · · Score: 1, Insightful

      Don't forget the RIAA would want a share for all the American music pirated, and the MPAA for movies and TV. And the Canadian and Australian counterparts, as we all speak the same language and so pirate each other's content. Then the book publishers as well will be demanding.

      The levies may be a big pie, but it must be split many ways.

      In theory the independants would also be morally entited to a share, but I can't imagine them getting any... there are entire industries built around making sure anyone without the money and connections to play the game isn't included.

    4. Re:Conflicting Ideas by Rogerborg · · Score: 2, Funny

      Yup, what we need is a self appointed super-umbrella organisation which will take it upon itself to speak for the self appointed normal-umbrella organisations.

      Since I came up with the idea, I'm obviously the best person to run it. I'll collect the super-tax from ISPs - and mp3 player, CD/DVD, USB stick and hard drive manufacturers, hell, from headphone manufacturers. Don't worry, I'll be super-reliable, and pass all of the revenue on to the normal-umbrella groups, less a reasonable deduction for my expenses, say 25% or so.

      Sound fair enough? I mean, if it works for the PRS, BPI and all the other TLA and ETLA shakedown mobs, why wouldn't it work for me?

      --
      If you were blocking sigs, you wouldn't have to read this.
    5. Re:Conflicting Ideas by Vectormatic · · Score: 1

      super-umbrella organisation

      Instant resident-evil flashback, Umbrella-corporation, what could go wrong?

      --
      People, what a bunch of bastards
    6. Re:Conflicting Ideas by Idbar · · Score: 1

      Worse, this can be further exploited to shake net neutrality if they decide to start charging for carrying the "pirated content". Because, who's going to pay for all the bits going to another countries?

  5. Hmmm... by RyanFenton · · Score: 4, Insightful

    That makes about as much proportional sense as a crazy local militia demanding the national army hand over all their tanks and missiles, because "we paid for some of those with our taxes".

    However extravagant the audio media monopolies are represented - they're economically dwarfed by the telecom organizations. Their argument to shift the burden of, well pretty much whatever they can imagine, over to the bank accounts of the entire telecom industry is just absurd on its face, and isn't the kind of fight even a larger media ownership group could win.

    It's one thing to ask for the moon, in order to settle for something else - but this seems a game they could get hurt for playing.

    Ryan Fenton

    1. Re:Hmmm... by Anonymous Coward · · Score: 0

      However extravagant the audio media monopolies are represented - they're economically dwarfed by the telecom organizations.

      That may be true but these rights management organisations have existed much longer. They are also government-backed to a certain degree in many countries, e.g. special laws that allow them to operate in a quasi-monopoly. They are granted rights beyond what mere companies get. This all results from the fact that they are almost pure lobby organisations with VERY good ties to politicians.

      Telco companies may be bigger but they are not as well connected because their main "product" isn't lobbyism. I am not suprised that these rights management abominations get away with everything they ask for in our corrupt political systems.

    2. Re:Hmmm... by Anonymous Coward · · Score: 0

      this seems a game they could get hurt for playing.

      Hopefully.

    3. Re:Hmmm... by c0lo · · Score: 3, Insightful

      However extravagant the audio media monopolies are represented - they're economically dwarfed by the telecom organizations.

      Telco companies may be bigger but they are not as well connected because their main "product" isn't lobbyism. I am not suprised that these rights management abominations get away with everything they ask for in our corrupt political systems.

      On the other side, usually the telcos are national companies: guess who the UK government is most likely to give preference in hearing their plea? To British Telecom (UK) or to Sony BMG (Japan)?

      --
      Questions raise, answers kill. Raise questions to stay alive.
    4. Re:Hmmm... by Anonymous Coward · · Score: 1, Informative

      On the other side, usually the telcos are national companies: guess who the UK government is most likely to give preference in hearing their plea? To British Telecom (UK) or to Sony BMG (Japan)?

      Oh but it's not "Sony BMG (Japan)" it's "Your Local National Rights Management Organisation". For example in Germany there are the GEMA (music), the VG Wort (print) and other leeches who pretend to represent "small, local, poor creatives".

      They force laws down our throats that make us pay a fee on music players, computers, printers, scanners, blank CDs/DVDs, smartphones ... anything that might possibly be used to duplicate copyrighted works. They have been getting away with this shit for decades and the IT industry (hardware, ISPs, etc.) was unable to do anything about it.

    5. Re:Hmmm... by Anonymous Coward · · Score: 0

      Ahhhh, au contraire my friend, those organizations are made up of, and represent those very companies! Sony (BMG), EMI, etc all make up the various organizations around the world, such as the RIAA, BREIN, etc. They use the same lobbying firms, PR firms, etc, etc, ad nauseum.

      See, they hope to fool the common man, and judges, by hiding behind these organizations with fancy acronyms, with board members, CEOs, etc that change on a seemingly yearly basis (and swap in and out and between these companies like a hooker), so that they can always push copyright domination for their parent organizations above all other interests, even to the detriment of their own children and grandchildren.

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

      That makes about as much proportional sense as a crazy local militia demanding the national army hand over all their tanks and missiles, because "we paid for some of those with our taxes".

      Goddamn it, don't give the teabaggers any ideas. Next thing you know, Cooter and his two brothers Daryl will be driving around in fucking TANKS trying to "Take Back White 'Merica".

    7. Re:Hmmm... by TSRX · · Score: 1

      Shhh, just let them eat each other

    8. Re:Hmmm... by MrMickS · · Score: 1

      Hmmm indeed.

      British Telecom is a private company. It used to be a state owned telco but HMG sold it off to the people that already owned it back in the 1980s.

      --
      You may think me a tired, old, cynic. I'd have to disagree about the tired bit.
  6. Just another theft by Errol+backfiring · · Score: 4, Insightful

    My money is already stolen if I record the sound of my own band on my own CD. I don't need another theft if I want to let someone hear my songs on the net. Off course, the stolen money should go to the rights holder, but as a rights holder to my own songs, I never saw even a cent from it. And my songs have been played in public and broadcasted.

    --
    Nae king! Nae laird! Nae yurrupiean pressedent! We willna be fooled again!
    1. Re:Just another theft by NSN+A392-99-964-5927 · · Score: 2, Informative

      My money is already stolen if I record the sound of my own band on my own CD. I don't need another theft if I want to let someone hear my songs on the net. Off course, the stolen money should go to the rights holder, but as a rights holder to my own songs, I never saw even a cent from it. And my songs have been played in public and broadcasted.

      I feel for you. I own an internet radio station and totally support what people release under the Creative Commons license. http://www.creativecommons.org/ I refuse to pay the PPS fees and have had many arguements even with my own music just like yourself so please do not worry about it too much. My advice when it comes around to copyright issues for your own music; is take a leaf out of my book. Mail the master copy or the CD of your work to yourself along with a letter to yourself by Royal Mail signed for Special Delivery £5.95. When it arrives never open it, keep the signed for ticket and just store it, if you ever up in court over trivial issues, you must present the envelope along with the signed for ticket for forensic evaluation and that it has never been opened and only the judge can open in in a legal capacity. Who wins the case? You do! Good Luck!

      --
      All cows eat grass!
    2. Re:Just another theft by L4t3r4lu5 · · Score: 1

      This won't work for one very good reason. The postal service is not obliged to ensure that your package or envelope is sealed at time of posting.

      "Very clever, Mr NSN. Now, prove to the court that the envelope was sealed at the time of posting and that you didn't just mail yourself a Special Delivery package unsealed, in which you later placed the work you claim to hold copyright to."

      UK Copyright Service site with more info on "Poor Man's Copyright"

      --
      Finally had enough. Come see us over at https://soylentnews.org/
    3. Re:Just another theft by Spad · · Score: 1

      Place special delivery sticker over envelope flap at time of posting.

    4. Re:Just another theft by squizzar · · Score: 1

      Get them to stick the special delivery label over the seal?

    5. Re:Just another theft by L4t3r4lu5 · · Score: 1

      Ever steamed open an envelope?

      Are you going to pay for a forensic scientist to take samples of the glue used to seal the envelope, and hold the sticker in place, to prove that it's not just Pritt-stick'd down after unsealing it?

      --
      Finally had enough. Come see us over at https://soylentnews.org/
    6. Re:Just another theft by 91degrees · · Score: 1

      It's about balance of probaiblities, not reasonable doubt. The idea is simply that you create some evidence that you have own the copyright on the creation. Wikipedia tells me that The dutch government and UK patent and trademark office both suggest this method. The organisations that recommend against it seem to be the ones thta make money from copyright registration. (These are a better idea but probably more expensive)

      Is it likely that someone posted themselves a special delivery package purely so that in the future they might decide to steal the copyright of an a yet uncreated work from someone else?

      Look at it this way - I own the copright to this post. How would you present it to in a sealed envelope that shows you came up with it yesterday? Where are you going to find your pre-sent special delivery envelope? Do you have one spare? I certainly don't.

      Are you going to pay for a forensic scientist to take samples of the glue used to seal the envelope, and hold the sticker in place, to prove that it's not just Pritt-stick'd down after unsealing it?

      Nope. I don't have to. It's up to my opponents to prove that I did do that. "Might have" isn't enough in a civil case.

      I remember reading some time ago about someone actually winning a copyright case over this. I wish I culd remember what. However, what I can tell you is that a self sent registered letter has been used as evidence of deception in a quiz show scandal. Why did the defendants not make the objections you've just made?

    7. Re:Just another theft by Anonymous Coward · · Score: 0

      And my songs have been played in public and broadcasted.

      Which is advertising your product. Take that away, guess what? You'll be even more anonymous that you are now.

    8. Re:Just another theft by RobertLTux · · Score: 1

      Easy to fix

      1 use a Tyvex envelope: those things are legally impossible to open without destroying them

      2 have the postal clerk sign and datestamp the seal: any questions on the date of sealing track down the clerk
      bonus if the stamp is something offical

      --
      Any person using FTFY or editing my postings agrees to a US$50.00 charge
    9. Re:Just another theft by L4t3r4lu5 · · Score: 1

      We've found from the antics of the various music / film industry bodies that it's actually about "How much can we throw at it before we win?"

      Your self-addressed envelope might be cheap now, but is the cost saved enough to put into defending your rights to the work later? Or is a document certifying authenticity from an accredited (albeit expensive) body more likely to get a case dropped, or prevent a case being filed in the first place?

      Plus, from the cited Wikipedia article, the very first words in the quote are "... it may help..." You can interpret that as advice if you wish, but I prefer to think of it as "This is ok, but you don't want to rely on it as the only protection you have."

      --
      Finally had enough. Come see us over at https://soylentnews.org/
    10. Re:Just another theft by Attila+Dimedici · · Score: 1

      Ever steamed open an envelope?

      In most courts, at this point it becomes the obligation of those claiming you did this to present evidence that you actually did. The other side will have evidence that also could have been tampered with, they do not need to provide evidence that it hasn't been tampered with, you do. The same goes for your evidence, you do not have to prove it was not tampered with, they do. In both cases that holds true as long as tampering with the evidence is not trivialy easy. Steaming open an envelope without leaving visible evidence suggesting that it was done to someone suspicious is not trivial (note, it requires the one opening the envelope to be suspicious enough to take note of the tell tale signs, which are not conclusive in and of themselves as there are many other things that could cause them).

      --
      The truth is that all men having power ought to be mistrusted. James Madison
    11. Re:Just another theft by Anonymous Coward · · Score: 0

      Look at it this way - I own the copright to this post. How would you present it to in a sealed envelope that shows you came up with it yesterday? Where are you going to find your pre-sent special delivery envelope? Do you have one spare? I certainly don't.

      You are being incredibly short sighted here. You can't imagine why somebody would already have a pre-sent envelope? OK, here is one for you. I want to be rich, but don't want to do any real work.

      1) mail myself an envelope
      2) wait about 5 years
      3) pick some huge hit from some popular band,
      4) make a fake recording of me playing the song (we can even make it convincing...change it up, record some outtakes of me "writing" it, etc)
      5) seal the recording in the envelope
      6) profit

    12. Re:Just another theft by Anonymous Coward · · Score: 0

      God damn...why do people work so hard to make a piece of paper bulletproof. Just follow the proper copyright protocol already.

      Now you are dragging a clerk into it, which will entail finding him and dragging him to court, proving that he really signed it, that he wasn't in on the scam with you, that you didn't fake the seal with a different removable adhesive and then actually seal it with the better adhesive later, bringing in an expert to testify that indeed the "impossible to open" seal actually is impossible to open, etc, etc.

      You can keep drawing whatever sort of pictures you would like on your piece of paper, but the bullet is still going right through it.

    13. Re:Just another theft by 91degrees · · Score: 1

      So you have this evidence yet can come up with no possible explanation of how the popular band even knew of your song since it was completely unheard of until after they released it, and is remarkably similar in style to everything else they've produced, and that nobody else ever heard you play.

      It's a piece of evidence, not proof. You'd also have witnesses who claim they heard the song before it was stolen, and you'd also be able to demonstrate the similarity in style to other music you've written. None of this is compelling on its own but put it all together and it should be quite convincing.

  7. Not really charging ISPs by TheVelvetFlamebait · · Score: 1

    This levy wouldn't actually make ISPs pay for this stuff; they'd either pass the cost onto the consumer indiscriminately, or work harder at filtering out pirate traffic. Choosing the former option when the latter would be possible would result in consumers deciding to choose other providers where possible, so there is significant incentive to filter pirate traffic.

    --
    You know, there is a difference between trolling and pointing out the flaws in your reasoning. Just saying.
    1. Re:Not really charging ISPs by IBBoard · · Score: 2, Insightful

      Except that choosing the later would also make people move to other providers that don't try so hard or who have known loopholes. Either way, whoever makes the first move is going to lose out.

    2. Re:Not really charging ISPs by c0lo · · Score: 1

      Choosing the former option when the latter would be possible would result in consumers deciding to choose other providers where possible, so there is significant incentive to filter pirate traffic.

      False dichotomy, there are other solutions.

      Here's one as an example: the BIG ISP provides connection to an end-user not as a "consumer" but in a "retail/business-to-business" mode - like. every "Internet wizard of the family" will act as "the tiny ISP network admin". The result? An explosion of tiny-ISP-es to track/collect the royalty from. Under this conditions, either:
      a. the government puts lots of red-tape to who can become an ISP (to limit the ISP numbers and make the tracking manageable). If the people are determined to do it anyway, then the gov will have to increase the number of bureaucrats to process the applications - which means putting the "copyright nazi organisations" on collision course with the government (instead with the ISP); or
      b. choose to let the explosion of tiny-ISP happen and the result is no better than today.

      --
      Questions raise, answers kill. Raise questions to stay alive.
  8. Distribution by cacba · · Score: 1

    How will that money get distributed? Seems like it just necessitates dealing with the organizations that receive the levy.

  9. Perhaps while they're at it by Chrisq · · Score: 4, Insightful

    Perhaps while they're at it they could pay for online fraud, substandard goods sold on the internet and child protection. Lets extend that so that transport companies, taxis, car sales have to pay a surcharge to cover people who are travelling to commit a crime.

    1. Re:Perhaps while they're at it by L4t3r4lu5 · · Score: 3, Insightful

      Which means two things are guaranteed:

      1) Costs will be passed on to the consumer, ensuring that the companies themselves are not affected.
      2) The incidence of infringement of the laws these levies are intended to cover will increase, as th general population feel they have paid for a service which they should now make use of, and the costs these levies are intended to cover will increase exponentially.

      Best of luck to them. I say 12 months down the line, they're out of business as nobody is buying music anymore. Why buy it a second time when I've already bought it once with my levy payment?

      --
      Finally had enough. Come see us over at https://soylentnews.org/
    2. Re:Perhaps while they're at it by Xelios · · Score: 1

      And of course, since the government owns the roads they'd be liable for any loss of property through theft where the thief used a public road to escape the scene of the crime. Maybe the manufacturer of the getaway car the thief used could also chip in, it's only fair after all.

      --
      Murphey's fighting Occam, and we're in the stands.
    3. Re:Perhaps while they're at it by Lusixhan · · Score: 1

      the costs these levies are intended to cover will increase exponentially.

      Exponentially? Really? Why wouldn't it increase proportionally, or like a step function?

    4. Re:Perhaps while they're at it by L4t3r4lu5 · · Score: 1

      Yes. Exponentially.

      Was there anything else?

      --
      Finally had enough. Come see us over at https://soylentnews.org/
    5. Re:Perhaps while they're at it by noidentity · · Score: 1

      Best of luck to them. I say 12 months down the line, they're in business sitting on their asses as nobody is buying music anymore. Why buy it a second time when I've already bought it once with my levy payment and thus paid them to do nothing?

      Fixed that for you.

    6. Re:Perhaps while they're at it by John+Hasler · · Score: 1

      > Costs will be passed on to the consumer, ensuring that the companies
      > themselves are not affected.

      Wrong. Any price increase will result in a decrease in sales. If the increase is a "passed on cost" the company's net revenue will decline.

      --
      Warning: this article may contain humor, sarcasm, parody, and perhaps even irony. Read at your own risk.
  10. Of course by sjames · · Score: 4, Insightful

    Naturally, the fees will be turned over to the artists whose works are copied and rather than considering the copiers thieves, they will be paid in full.

    HA HA HA...I crack me up!

    1. Re:Of course by JohnBailey · · Score: 1

      I see you are familiar with the work of the PRS..

      --
      It is difficult to get a man to understand something when his job depends on not understanding it.
  11. OK but only so long as you pay us ISPs too by Anonymous Coward · · Score: 1, Interesting

    I run an UK ISP called UKFSN and my response is that if they are willing to pay me the same proportion of the gross turnover arising from their activities I will be willing to consider their proposal.

  12. GM? by hairyfish · · Score: 3, Interesting

    I heard that GM got so big that they ceased to be an auto company and evolved into a finance company (and shortly after went bankrupt). SCO ceased to become a technology company and changed into a lawsuit company (then folded). Now Music is moving from selling records, to suing customers to becoming a tax collectors? The death throws of Big Music are clear and present. If I owned shares in these companies I'd be selling up while they're still something.

    1. Re:GM? by Anonymous Coward · · Score: 0

      throws

      throes

      FTFY

    2. Re:GM? by Attila+Dimedici · · Score: 1

      I have two things to say about your post. The first is that part of what got GM in trouble was that they sold off GMAC (their division that wrote car loans) and GMAC as a separate company was no longer obligated to write car loans only for GM. Then when other car companies (I know that Ford did this, but I believe other car companies did it as well) found it profitable to write car loans to riskier buyers thus moving more cars and making more on the initial sales than their finance division lost on the defaults, GM did not have a finance division and GMAC was not willing to take the loss for GM to make a profit. The second is that the idea that GM became a "finance company" comes from the fact that they were spending more for benefits and pensions for retired workers than they were for current employees.
      That being said, your point that when a company has more of its resources tied up in something besides its main business (GM being a benefits manager rather than a car manufacturer, SCO being a patent troll rather than a software company, Record companies pursuing copyright infringers rather than selling music) it is time to disinvest in that company is right on the money.

      --
      The truth is that all men having power ought to be mistrusted. James Madison
    3. Re:GM? by mcgrew · · Score: 1

      The death throws of Big Music are clear and present.

      That sentence puts a humorous picture of a judo deathmatch in my head. I believe you meant "death throes".

  13. Difficult to implement by OpenSourced · · Score: 3, Insightful

    A difficult law to implement. How are they going to know how much pirated content travels by one ISP's lines? Even the ISP itself has no idea. Are they going to suppose that all bittorrent traffic is pirated content? What is the percentage of pornographic content? I assume that they don't represent the pornographic content providers, specially foreign ones. What about encrypted content? If they implement such a law I assume that the level of encrypted content will rise. There is no reason why all pirated content is not encrypted, except that it's at the moment not needed.

    In the end they probably just want to get a fixed levy an all ISPs. And all blank CDs, DVDs, hard disks, memory cards, diskettes, memo pads, pens, photo cameras, and people with good memory.

    --
    Rome taught me patience and assiduous application to detail. Virtues which temper the boldness of great, general views.
    1. Re:Difficult to implement by Tei · · Score: 1

      "In the end they probably just want to get a fixed levy an all ISPs. And all blank CDs, DVDs, hard disks, memory cards, diskettes, memo pads, pens, photo cameras, and people with good memory"

      thats how it work, here in spain.

      these people have "hacked" the system (our social system) to get a profit withouth work.

      --

      -Woof woof woof!

    2. Re:Difficult to implement by dugeen · · Score: 2, Insightful

      "How are they going to know how much pirated content travels by one ISP's lines?" - they'll just make up a figure and double it, like they usually do. On the one hand, it's good to see that at least one group of workers are accorded by capitalism a continuing share in the profits generated by their labour. On the other hand, I don't understand why our economic system has chosen this particular group of self-righteous tossers for special privileges.

    3. Re:Difficult to implement by burkmat · · Score: 1

      Actually, I hope they do implement this dumbass idea, and do it in such a moronic fashion that ISPs suddenly stand to gain a lot from encrypting traffic. Maybe it's the push needed to make encrypted connections standard.

      Of course the Goverment would realize this and I get the impression they don't really approve of when people talk without them listening in...

    4. Re:Difficult to implement by Thanshin · · Score: 1

      That's why some people in Spain buy all those products (except ISP) out of the country.

    5. Re:Difficult to implement by John+Hasler · · Score: 1

      > I don't understand why our economic system has chosen this particular group
      > of self-righteous tossers for special privileges.

      Your economic system hasn't chosen this particular group of self-righteous tossers for special privileges. Your government has.

      --
      Warning: this article may contain humor, sarcasm, parody, and perhaps even irony. Read at your own risk.
  14. This is equivalent to by mysidia · · Score: 2, Insightful

    Passing a 'levy' on phone companies regarding number of calls used to facilitate illegal activities.

    Whether a data transfer constitutes piracy or not is just a guess.

  15. So even if you don't download, you're fined by captainpanic · · Score: 2, Interesting

    Might as well increase road tax if there are more people speeding.

    1. Re:So even if you don't download, you're fined by Errol+backfiring · · Score: 1

      Off course. And because I say that I am an organisation helping traffic security, you should hand it to me.

      --
      Nae king! Nae laird! Nae yurrupiean pressedent! We willna be fooled again!
    2. Re:So even if you don't download, you're fined by Anonymous Coward · · Score: 0

      There is no such thing as a Road Tax - it is Vehicle Excise Duty. Are you that stupid that you don't know the difference between a vehicle and a road? But then again perhaps you just a typical braindead motorised wanker (BMW geddit!)

    3. Re:So even if you don't download, you're fined by captainpanic · · Score: 1

      There is definitely road tax in MY country...

    4. Re:So even if you don't download, you're fined by that+IT+girl · · Score: 1

      But of course. You are a benign, altruistic, father-like entity only looking out for the best interest of the people...

      --
      10 FILL MUG WITH COFFEE
      20 DRINK COFFEE
      30 GOTO 10
    5. Re:So even if you don't download, you're fined by Anonymous Coward · · Score: 0

      HELL here they have a wheel tax (Thats correct you pay per wheel on your vehicle)

  16. Similar to Canada by ausrob · · Score: 1

    This is very (hauntingly) similar to the duty imposed on the sale of writable media in Canada several years back. This didn't stop the music industry bandwagon from attempting to cash in on a Canadian DCMA and various other tactics.

  17. Quis custodiet ipsos custodes? by kubitus · · Score: 1

    Quis custodiet ipsos custodes? - of course they will not assume that you steal when you rightfully load or transfer content.

  18. AMAZING IDEA! by Buttink · · Score: 3, Interesting

    I make awesome song A. I then host "leaked" song A torrent on popular trackers. Copy all IPs. Sue users. Sue ISPs. Get pirating tax. profit.

    1. Re:AMAZING IDEA! by GaryOlson · · Score: 1

      Where is the +1 Really Scary Idea moderation?
      Actually, I would change the operational scheme slightly. Rather than bet the whole operation on a single song, buy the rights for pennies to hundreds of crappy songs from lots of mediocre bands. Host those "leaked" torrents, apply process, collect pirating tax on hundreds of crappy songs. The volume counts, not the quality of the music.

      --
      Every mans' island needs an ocean; choose your ocean carefully.
    2. Re:AMAZING IDEA! by Anonymous Coward · · Score: 0

      Next up, car manufacturers forced to pay fines for each of their vehicles used to commit a crime.

  19. Music/Movie industry - get with the times. by Anonymous Coward · · Score: 1, Insightful

    I think the real issue as always is people are sick of getting ripped of for crappy movies and music. So they don't want to pay.

    Also the FACTS that people bring up all the time is true.. most of the time it's eaiser to just copy a song/movie than obtain from the proper re-sellers.

    I always laugh at the record companies trying to make people feel bad for 'downloading' but the average 20 year old who has little money and works at a basic job has no worries when a movie artist or song writer gets $10 million for acting in 1 movie or an artist making a spammy song or two -- a 'normal' person will never even make 10 million in their whole lives, and they work harder!!

    So the REAL solution is for the music/movie industry to update thier whole model (which many people have said on slashdot).. so by just doing a few things such as; make downloading from THEM eaiser so people don't bother 'pirating'. Stop being greedy with prices, just sell music for 10c a song for general music, and 20c a song for new stuff, even 60c a song for the charts. But people expect a video music clip give them that option too.

    In the end they can't do anything at all. Any nerd out there knows this, most people will just transfer files on their own private way, encrypted etc. If you try and kill torrants then pay pirate sites will boom... it goes on and on.

  20. OK by Anonymous Coward · · Score: 1, Interesting

    As soon as phone companies start paying royalties for drug shipments done over the phone.

  21. Pay for Pirating Customers by deniable · · Score: 1

    Who pirated whose customers? (Yeah, I RTFS, but it's still an odd headline.)

  22. No damage, so why intervene? by Anonymous Coward · · Score: 0

    Why is it that the music as well as the film industry is at the same time anouncing its imminent demise as well as posting increasing profits year after year? See the figures for Sony Entertainment Group on wiki for instance. Better than ever. Only EMI is in trouble, but that has different causes. Downloading has been proven in scientific studies to drive growing revenues from concerts and box office returns. Now this levy is a bad idea. They will force the ISPs to police their own customers, which is not a good idea. Either that or it will drive up cost for internet users that don't actually download copyrighted material. The internet is the driving force behind economic, social and political change. We need people to use it, so the economy can recover as fast as possible. We do not need new barriers that will prevent people from going online. When is the industry getting its act together? When will they finally stop prosecuting their best customers? I'm not holding my breath.

  23. Actually it's not that bad an idea.. by Pvt_Ryan · · Score: 1

    Assuming that fee is paid, and obviously I pay a portion of it on my broadband bill does that not mean that any material I download is in effect legal as I have licensed it with said fee.

    So I can download Shrek 4 Bluray rip legally for a £2pm increase on my broadband bill.

    I'd essentially get as much music / films etc as I want for a £2pm subscription

    The trick of course is if X is the price of a retail copy and 4X is the fee per month then I logical need to download at least 5X worth of music etc per month to make it "worth while"

  24. Right. That's going to work well. Sure. by Mathinker · · Score: 5, Insightful

    > ISPs that have knowledge

    They can't have knowledge of infringement because only the rightsholder knows what licenses he has given. The ISP doesn't know that. Oh, and real infringement can only be decided in a court of law because of those pesky exceptions like fair use/dealing.

    > or notice of infringement

    Great, so we're in the DMCA-mode, where it's trivially easy to game the system because there is no real penalty for delivering a mistaken notice of infringement?

    1. Re:Right. That's going to work well. Sure. by Skapare · · Score: 1

      Ask the rights holders for a list of MD5's. That ought to take care of the problem.

      --
      now we need to go OSS in diesel cars
    2. Re:Right. That's going to work well. Sure. by Anonymous Coward · · Score: 2, Insightful

      You fell for the exact problem GP pointed out. You can't make a blacklist of known infringing files, because infringement depends on both the data and the parties involved in the data transfer. And a whitelist of everything anyone is allowed to transfer to anyone else would be infeasibly large.

      I guess you could still be proposing one or the other be implemented half-assedly and just not care about all the collateral damage.

    3. Re:Right. That's going to work well. Sure. by beowulfcluster · · Score: 3, Funny

      What if I set the comment on an mp3 file I seed to 'Shiver me timbers, yarr'. Will it match their MD5 then?

  25. They mean, a group representing big business by Anonymous Coward · · Score: 5, Informative

    I work with digital sales accounts.

    Every time you download a track from Itunes most of your money goes to, the government as tax (in the UK), the retailer (Itunes in this case), the distributor, and the label. The artist gets maybe 5% of what you pay.

    Unbelievable but that's how it is.

    Don't let these liars and crooks fool you into thinking otherwise.

    1. Re:They mean, a group representing big business by tehcyder · · Score: 3, Insightful

      Every time you download a track from Itunes most of your money goes to, the government as tax (in the UK), the retailer (Itunes in this case), the distributor, and the label. The artist gets maybe 5% of what you pay.

      Unbelievable but that's how it is.

      Why is it unbelievable? The artist has signed up to a deal where they have to do no additional work and still get royalties.
      If you don't want the whole iTunes/retailer/distributor/label deal just do it yourself, no-one's stopping you.

      --
      To have a right to do a thing is not at all the same as to be right in doing it
    2. Re:They mean, a group representing big business by timmarhy · · Score: 1
      no usually what happens is the artist gets a lump sum and then royalties on top for each sale. the lump sum buys their rights for cents on the dollar in the hope their work will make it big.

      on their own there's a high certainty of failure for a new starter.

      --
      If you mod me down, I will become more powerful than you can imagine....
    3. Re:They mean, a group representing big business by MadKeithV · · Score: 3, Informative

      no usually what happens is the artist gets a lump sum and then royalties on top for each sale. the lump sum buys their rights for cents on the dollar in the hope their work will make it big.

      on their own there's a high certainty of failure for a new starter.

      No. What happens is the artist gets a large "lump sum", but that sum is actually an open "loan" in the small print of the contract, and the label can just keep making shit up to add to the "loan". The artist gets a small amount of royalties while most of the income goes to the label. However, the artist has to pay back the loan out of their royalties (small print!). So basically, the label passes the checkout twice: they get most of the profit from sales, AND they recoup the lump sum loan from artists. Only if the artist sells a LOT of records do they start earning a little real money, and even at that time the label is still making more money than the artists.

    4. Re:They mean, a group representing big business by Lando · · Score: 2, Interesting

      I'd have to call BS on this. I don't for a second believe that the artist gets 5% or frankly anywhere near that. I believe the another article on slashdot within the last few days indicated that artists get 23 dollars out of every 1000 and that is for traditional cd's. As I understand it from other articles I have read, artists usually make far less on digital media than on traditional media. So if your going to claim that artists are receiving 5% of the gross price of a track from itunes your going to have to list some references before I'll put much stock in what you're saying. Even if we discount the fact that your posting as an AC.

      --
      /* TODO: Spawn child process, interest child in technology, have child write a new sig */
    5. Re:They mean, a group representing big business by stealth_finger · · Score: 0

      Why is it unbelievable? The artist has signed up to a deal where they have to do no additional work and still get royalties.

      If you don't want the whole iTunes/retailer/distributor/label deal just do it yourself, no-one's stopping you.

      As oppose to the government who have so much to do with it, and the label who have even less further work on it, all they did was provide cash/studio but thats a whole other /. article. The distributor, what do they actually do for online sales? And the retailer who you would expect to take the lions share but then pay on for every copy sold or however the online model works. So who actually does additional work that deservs all the money. Atleast the artist did the work in the first place.

      So basically your choice is go it alone at very slim odds. Not everyband can just set up a webshop and get on with it. Or bend over and take what your given and be bloody happy for the opportunity?

      --
      Wanna buy a shirt?
      https://www.redbubble.com/people/stealthfinger/shop?asc=u
    6. Re:They mean, a group representing big business by Anonymous Coward · · Score: 0

      on their own there's a high certainty of failure for a new starter.

      I think you mean high probability. A high certainty is the same as a low certainty is the same as a certainty - it's still certain.

    7. Re:They mean, a group representing big business by nephilimsd · · Score: 1

      23 dollars per 1000 is 2.3%. That is roughly half of 5%, and an amount I would call "anywhere near."

    8. Re:They mean, a group representing big business by mcgrew · · Score: 1

      I work with digital sales accounts.

      And I'm Santa Claus.

      The artist gets maybe 5% of what you pay.

      The artist doesn't get anywhere near that much, which is how I know you don't work with digital sales accounts. You did get one thing right, though -- the labels are indeed run by thieves and crooks.

    9. Re:They mean, a group representing big business by John+Hasler · · Score: 1

      > What happens is the artist gets a large "lump sum", but that sum is actually
      > an open "loan" in the small print of the contract...

      So don't sign the damn contract. Don't go on about "small print". Either you can read it and understand it (or have your lawyer explain it to you), you don't sign it, or you are a fool.

      --
      Warning: this article may contain humor, sarcasm, parody, and perhaps even irony. Read at your own risk.
  26. So, if they succeed with this... by The+Fanta+Menace · · Score: 4, Interesting

    ...then presumably, it will be legal for me to download their clients' work, as I will already be paying for it.

    --
    -- Even if a god did exist, why the fsck should I worship it?
    1. Re:So, if they succeed with this... by bonch · · Score: 1

      No, the ISPs will be paying for it.

    2. Re:So, if they succeed with this... by Shoe+Puppet · · Score: 1

      No, you will be paying for it and downloading it will be illegal.

      --
      (+1, Disagree)
    3. Re:So, if they succeed with this... by M8e · · Score: 1

      From where do the ISPs get their money? Pull it out of their arses?

    4. Re:So, if they succeed with this... by thijsh · · Score: 1

      That would be true if we would pay for a *license* to download and listen to music... but clearly we do not (just like with the blank CD tax). But this only proves that these taxes are forced payments without any added value or exchange of goods (more commonly known as extortion according to the definition of the word)... They try to sell it as compensation for imaginary losses, giving it a guise of legality... But to tax all people equally for supposed crimes against their stockholders without delivering anything in return is clearly unjust.
      It's different with the tax on copiers for example, you have to pay a little over a dozen € yearly and then you can copy (fair use) all you want... I'm still against a tax like that (it's fair use after all), but in that case you can at least claim you pay for a license to make use of your fair use right without running the risk of being sued for making a copy of an article somewhere...

  27. Do this by SmallFurryCreature · · Score: 4, Insightful

    I am for this and when this new law is introduced so will another one. Were EVERY single artist will be locked up for life for the countless drug offences they are bound to commit on average.

    Every performer in England will serve life for Mick Jaggers drug abuse. That is fair isn't it? If I have to pay for someone else downloading, why don't they got to do time for someone elses snorting?

    But I know the real reason behind this proposal. The lawyer introduced, hoping that the people will have wasted their bullets on the entertainers before they can get busy on the lawyers.

    --

    MMO Quests are like orgasms:

    You may solo them, I prefer them in a group.

  28. Gee by bonch · · Score: 1

    Gee, I wonder how Slashdotters will respond to this idea? I'm sure it will be full of compassion and understanding toward the plight of these artists trying to get paid for their work. I look forward to an open-minded, emotion-free discussion full of fairness and brevity that represents all sides of the debate equally.

    I'm off to feed my flying pig.

    1. Re:Gee by Pop69 · · Score: 3, Insightful

      If it was genuinely the artists who were getting the money I'd be quite happy to cough up the cash.

      As long as such a massive percentage of what I might pay goes to the companies rather than the artists that create the work (composer, lyricist, performer) then I'll just stick with downloading.

      Besides, I've already paid for most of my music twice already. Bought on vinyl or tape cassette and then replaced with CD. Why should I have to pay for it a third time to put it on my iphone ?

    2. Re:Gee by Anonymous Coward · · Score: 0

      why not just rip it from the CD (or cassette or vinyl) to put on your mp3 play^W^W telephone?

    3. Re:Gee by Von+Helmet · · Score: 1

      I don't think anyone is averse to paying artists for their work except the fucking record companies.

    4. Re:Gee by AltairDusk · · Score: 1

      Did you read the article recently detailing how the recording industry actually pays the artists?

    5. Re:Gee by Pop69 · · Score: 1

      I'm too lazy to sit swapping over all the CDs

    6. Re:Gee by that+IT+girl · · Score: 1

      +1 for this. I find it ludicrous that I can legally purchase and download a song but not play it on certain devices because they can't play "protected content". I then have to go out and download a bootleg copy just to play it in my car (Microsoft Sync system). I don't feel the least bit bad about this "illegal" download since I've already paid for it and am simply getting it in a format I can actually use.

      --
      10 FILL MUG WITH COFFEE
      20 DRINK COFFEE
      30 GOTO 10
    7. Re:Gee by that+IT+girl · · Score: 1

      If I legally purchase and download something, let's say from iTunes, I have to burn it to a CD and then turn around and rip it off in order for it to be in a useful format. Why should I have to go through that much trouble to use something I've bought the rights to use? Besides, even if I do that, I'm technically "making an illegal copy"... so what's the difference between that and downloading one?

      --
      10 FILL MUG WITH COFFEE
      20 DRINK COFFEE
      30 GOTO 10
    8. Re:Gee by John+Hasler · · Score: 1

      > If it was genuinely the artists who were getting the money I'd be quite
      > happy to cough up the cash.

      I wouldn't (even if I lived in the UK). I never download any music at all. Why the hell should I pay a "levy" for your copyright infringement? That's a private civil matter between you and the copyright owners.

      --
      Warning: this article may contain humor, sarcasm, parody, and perhaps even irony. Read at your own risk.
  29. Put a crime tax on prepaid cells, then by Odetta2012 · · Score: 1

    Tax prepaid cell phones since they are only used by criminals. Pre-emptively tax Visa gift cards, too. Put a prepaid levy on calling cards since only criminals use them. And put a huge tax on ISPs that tolerate Tor, because those people obviously are hiding something. It's 2010, and we don't have to hide anything from those who hate us for our freedom.

  30. Desperate is as desperate does by VORNAN-20 · · Score: 1

    These guys are out of good ideas, they are trying to get something (anything) to stick so they can sue someone, anyone. I know nothing about UK law so I don't know if this will stick but it looks as if they are at their wit's end, not a difficult task by the looks of it.

  31. with logic like that, by WindBourne · · Score: 1

    UK will shortly see a tax on everybody to be paid to everybody for the stealing that the gov. does.

    --
    I prefer the "u" in honour as it seems to be missing these days.
  32. Just doing their job by slim · · Score: 3, Insightful

    Look, we all know this is a ridiculously unfair idea - and PRS has history of promoting ridiculously unfair ideas (e.g. taking a car mechanic to court because having the radio on in their premises constitutes a "public performance").

    But, it's their job to push for a world that's skewed towards the people they represent. It's the rest of the world's job to push back.

    The best reaction is to say "well, you would want that", then say no.

    1. Re:Just doing their job by Eivind · · Score: 3, Insightful

      Almost correct.

      It may be their "job" to push for a world, skewed towards the people they represent.

      In practice, they tend to end up pushing for a world skewed towards THEMSELVES.

      The RIAA might claim to work for musicians. In actuality, they work for the RIAA first, for record-labels second, and for musicians a distant third.

    2. Re:Just doing their job by StripedCow · · Score: 1

      "well, you would want that", then say no

      But the question is, if the UK people will actually be given any chance to say anything about this.

      --
      If Pandora's box is destined to be opened, *I* want to be the one to open it.
    3. Re:Just doing their job by Skapare · · Score: 1

      ...skewed towards the people they represent.

      You mean the fat-cat label company execs?

      --
      now we need to go OSS in diesel cars
    4. Re:Just doing their job by thijsh · · Score: 1

      We're way past pushing back... "I say we take off and nuke the entire site from orbit. It's the only way to be sure." ;)

      But seriously, documenting and reminding people of the craziest stunts they try to pull is a good way to fight back.

  33. Great idea! by Anonymous Coward · · Score: 0

    I love paying for crap i don't listen to!

    Meanwhile, i'll be sitting here listening to awesome artists online who do make the music for the sake of making music, and donating to all of them that i can.

  34. Faggots must die! by Anonymous Coward · · Score: 0

    I know this comment is off-topic but I really need to get this off my chest. Faggots must die!

  35. After Hundreds of years... by nicodoggie · · Score: 1

    ... the queen of England is still going after Blackbeard...

  36. You don't have to show a video of the bullet by Anonymous Coward · · Score: 0

    You don't have to show a video of the bullet coming out of the gun and penetrating the dead person to prove that you killed them.

    1. Re:You don't have to show a video of the bullet by L4t3r4lu5 · · Score: 1

      No. But in Civil court, "reasonable doubt" is significantly reduced to more of "It's quite feesible that this occured."

      A decent lawyer will point out that the envelope could have been sealed later, and the whole thing will fall apart. We're not talking about a murder investigation with hundreds of man-hours in investigation. This is a hypothetical civil case between a lone music creator and another (possibly larger) entity using it without paying for a license. For the £xx it would cost to submit the work to the Copyright registration service, it seems like a lot of risk if things go badly.

      --
      Finally had enough. Come see us over at https://soylentnews.org/
    2. Re:You don't have to show a video of the bullet by gringer · · Score: 1

      A decent lawyer will point out that the envelope could have been sealed later

      You mean after it had been dated by the postal service during their handling of the envelope?

      --
      Ask me about repetitive DNA
    3. Re:You don't have to show a video of the bullet by L4t3r4lu5 · · Score: 1

      This is a scenario where either an envelope was self-addressed and mailed unsealed (Postal company have no duty to ensure post is sealed properly) or sealed temporarily before sending, or the seal was tampered with in a way which isn't apparent under cursory examination (steamed open, a chemical applied to break down the original adhesive).

      Please, read the whole thread before commenting.

      --
      Finally had enough. Come see us over at https://soylentnews.org/
  37. It's simply not the ISP's business ... by AGMW · · Score: 3, Insightful
    It's simply not the ISP's business to care what people use their connections for, in the same way it's not up to the Post Office to care what people post!

    It's also just bare-faced cheek for the record companies, et al, to lobby for legislation that makes some other industry pay to shore up their failing business paradigm!

    The ISP's should tell 'em to take a running jump!

    --
    Eclectic beats from Leeds, UK
    handmadehands.co.uk
  38. Gotta pay the piper somehow by SimonInOz · · Score: 1

    In the past - and possibly still today - there was a levy charged on cassette tapes (remember them?) which was paid to some copyright group - the Performing Artists or something.
    This wasn't terribly high, so was barely noticeable.

    You could argue this would be a reasonable way to pay for content. It probably would not cost all that much.

    Because somehow, someone, somewhere has to pay for making the content (movies cost a lot to make, no matter what technology they use). There needs to be a functioning business model somehow. Currently it's all rather nasty - buy my movies on DVD or I'll chase you, frighten you, and sue you. No fun (and watching "legit" movies is less pleasant because of all the "Don't pirate this movie" stuff at the beginning).
    It's no good yelling "data wants to be free" - someone has to put the data together in the first place. And that someone, whether they be Madonna, Brad Pitt, Bill Gates - or me, deserves to be paid for their labour in doing that.

    So where am I going with this? Well, the Internet has broken the business model of music, movies, and tv programs. Software and books are still hanging in there, surprisingly. You can argue they were bad business models, but they did work, and gave us some great works of entertainment (art?).
    At the moment we seem to have the pirates on one side, yelling "We can copy anything and we won't pay you a cent", and the RIAA on the other yelling "We'll sue, we'll sue". In the middle is the great majority who are prepared to pay reasonable prices for decent content, but don't know how.

    We need to pay for content in some way. A tax (scream, yell) on Internet traffic might be ok - it already gets charged for, so it's relatively easy to add a fee. Business would moan a lot.

    But really, does anyone have a better suggestion? The world is waiting.

    (And in case anyone cases, yes, I'd be happy to see a lot of the middlemen die out, especially in the exceptionally rapacious music industry. I'd be happy to see the actual content makers, the music writers, artists, producers all get paid a decent - even extraordinary, income. Sony, EMI, etc I am less interested in - they've done very well. Move on).

    --
    "Cats like plain crisps"
    1. Re:Gotta pay the piper somehow by DangerFace · · Score: 1

      It's no good yelling "data wants to be free" - someone has to put the data together in the first place. And that someone, whether they be Madonna, Brad Pitt, Bill Gates - or me, deserves to be paid for their labour in doing that.

      I know you aren't the first person to say this, and you won't be the last, but why, exactly? Why should they be paid?

      I mean, if I go down a coal mine for a day and mine coal for the guy who owns the coal mine, he has agreed to pay me for my time and so I deserve to be paid. If someone agrees to pay me money if I give them this here desk and take it to their house, when I take it to their house and give it to them I deserve to be paid.

      When I spend a large quantity of time and money recording an album or producing a film, I am essentially gambling that people will want to give me money for it. They don't have to. They never have had to. There has always been more art around than there has been demand. I am gambling that people will think that I am so much better than other people at making stuff they will pay me for making what I have made, with the implication that I will make more. That's it.

      Anyway, voluntary donations seem to work fine - I mean, there was a torrent of DVD quality up before the release of Transformers 2. Cost of film: $200 million. Revenue before it was even released in my country: $600 million. Boo fucking hoo for the poor content creators who got ripped off on that deal, only becoming fabulously wealthy. This future where no one has to pay for media we keep getting warned about? It's here. Films are being made. Albums are being recorded. You or I could get them for free trivially. Next argument please.

    2. Re:Gotta pay the piper somehow by AltairDusk · · Score: 2, Insightful

      Because somehow, someone, somewhere has to pay for making the content (movies cost a lot to make, no matter what technology they use). There needs to be a functioning business model somehow. Currently it's all rather nasty - buy my movies on DVD or I'll chase you, frighten you, and sue you. No fun (and watching "legit" movies is less pleasant because of all the "Don't pirate this movie" stuff at the beginning). It's no good yelling "data wants to be free" - someone has to put the data together in the first place. And that someone, whether they be Madonna, Brad Pitt, Bill Gates - or me, deserves to be paid for their labour in doing that.

      So where am I going with this? Well, the Internet has broken the business model of music, movies, and tv programs. Software and books are still hanging in there, surprisingly. You can argue they were bad business models, but they did work, and gave us some great works of entertainment (art?).

      Times change, business models must change to keep up with the times. There are many instances in history of new innovation "breaking" business models for industries, did we try to legislate that business model into making sense? No, the members of that industry either found a new business model or they slowly died out.

      The entertainment industry shouldn't get any special treatment here, they have ignored new innovation and tried to pretend it wouldn't affect them. Now, when they have been left behind and their business model is falling to pieces are they adapting and trying to figure out a new one? For the most part they're just whining to the government and trying to place their burden on the public. Some artists have already found effective models without the large publishers involvements. Let those who refuse to adapt fail and you'll see that we don't need them for people to make art.

    3. Re:Gotta pay the piper somehow by HungryHobo · · Score: 1

      Well I already pay for a rapidshare account, mainly because it has a wide range of material(not just one companies shows etc).
      I have no problem with paying money, I just want easy access to a large quantity of material.

      So how about following the library model.

      Figure out how much artists get paid on average per copy for their works(apparently not a lot thanks to RIAA/hollywood accounting).

      Set up one nice big central library with every work of art anyone registered for copyright protection.
      keep track of every access to it.
      Renumerate the artists on a per-access basis.
      Cut out the leeches.
      Keep file sharing illegal but provide something better.
      Give up on trying to stop people from keeping local copies- they can already record their own copy of everything that plays on the radio and the industry has survived.

      The UK already has the Public Lending Right scheme where authors get a few pence per loan of their books.
      It's very good for lesser known authors and authors who appeal to the poorer sections of society and also for poor people who want to read books.
      It's capped(I don't think it should be) but I'd bet if every download was remunerated at a similar rate it would add up fast.

  39. If they do, I will download by Anonymous Coward · · Score: 3, Insightful

    I do not download movies or music now, cause I think I should pay for it.

    but.. if the forces ISP to pay, I will gladly download all movies and music there is.. cause then I have already paid for it.

    So if the movie and record companies want to increase the download, then force ISP to pay up.

  40. iINet? by Anonymous Coward · · Score: 0

    Sounds like iiNet (Australia) all over again.

  41. Will it cost more for more bandwidth? by Skapare · · Score: 1

    There's only so much time in a day to listen to music. And most people play the same stuff over and over. More bandwidth doesn't mean they are getting more music; it only means a little less lag in the new music they get.

    Clearly they are trying to position themselves to get rich way, way over proportion to the value they provide. Maybe they should just collect their fee from headphones and speakers. That would be in closer proportion to how much people gain from the music.

    --
    now we need to go OSS in diesel cars
  42. Alignment of interests by bradley13 · · Score: 1

    "...a piracy fee would better align the financial interests of internet service providers (ISPs) with rights holders..."

    Of course, the correct alignment of interests is ISPs and their customers. The IP-holders don't pay the ISPs anything, so it's a mystery as to why should they expect any services or fees in return. They can't accept that, so why not get their government cronies to step in and "fix" things. Nice servers you have there, be a shame if anything happened to them...

    --
    Enjoy life! This is not a dress rehearsal.
  43. Who sets the price on pirated goods? by madsh · · Score: 1
    The idea of a piracy tax on internet connection seems to pop up every know and then. I think it is pretty easy to convince most people way this is a bad idea with the following arguments
    1. Music is not the only pirated content, and most likely not the most pirated content. Think of movies, games, pictures, articles, electronic books and pretty much every other digital experiences. Even the smallest tax on any content would open the door for all other types of content.
    2. Content produceres will have to split the tax between them. It will require a decent size organisation to register fair uses and estimate illegal uses and pay out the tax. The cost of having this organisation would likely be taken out of the tax it self, effectivelly parsing the bill on the the tax payers.
    3. The tax would be set in relation to the damage of the illegal use, which will only suggest to the providers to higher the prices. To me it seems, that the prices on digital content all ready are abitrary at best. Think of the difference in the price of sending a bunch of bits as voice, sms, email or internet access from your mobile. Forcing buyers to pay a price that is set by the seller seems like a bad idea.
  44. Silly you... by bradley13 · · Score: 2, Informative

    Silly you... It's not about giving money to the rights holders. It's about enriching whatever organizations put the system in place. Just ask any musician - even one reasonably well-known - how much money they receive from the fees on blank CDs. Then figure out how much money is paid. Then figure out where the difference went...

    --
    Enjoy life! This is not a dress rehearsal.
  45. Come again...? by julesh · · Score: 1

    Their argument appears to be that ISPs don't currently think they should pay for copyright infringement... so to prevent this being a problem ISPs should be made to pay for copyright infringement, at which point their objections will go away. Does that actually make sense in any way?

  46. I Agree, Tax Them... by pandrijeczko · · Score: 2, Insightful

    ...but then as an *HONEST* music fan who buys lot of CDs, I would like a refund of that tax that is offset against every CD that I buy.

    --
    Gentoo Linux - another day, another USE flag.
    1. Re:I Agree, Tax Them... by Anonymous Coward · · Score: 0

      And I, who don't listen to music aside from rips of tapes/vinyl I bought a long time ago, would like a refund of the tax myself, because I no more harm artists than you.

      Unfortunately, if this passes I will be forced to subsidize music I don't listen to or actually like.

    2. Re:I Agree, Tax Them... by pandrijeczko · · Score: 1

      Unfortunately, if this passes I will be forced to subsidize music I don't listen to or actually like.

      Why is that any different to anything else?

      You may have driven a car for 25 years and never had an accident but you still pay an insurance premium that goes to subsidise those who are not careful drivers.

      Besides which, as a fan of rock & blues myself, I understand that with the record companies making astounding profits on cheap-to-produce "I won X-Factor" plastic pop music, they can afford to take a bit of a risk of less mainstream music as a result.

      I've been a music buyer for around 35 years now & as mainstream pop has got crappier and crappier, the amount of really obscure rock from the late 60s & 70s that has been remastered and rereleased has sky-rocketed - I'm more than happy with that situation.

      --
      Gentoo Linux - another day, another USE flag.
  47. Go for it, set a precedent! by Anonymous Coward · · Score: 1, Funny

    Then we can make the NY Thruway pay for my speeding tickets!

  48. By similar logic.... by Anonymous Coward · · Score: 1, Insightful

    ...music companies should pay for all crimes committed, while listening to music.

  49. Typical... by mkintigh · · Score: 1

    Typical government reaction.

    The children are misbehaving, according to the system, so punish the parents. If the parents are punished enough maybe they will attempt to do something about their children.

  50. Rupert Murdoch News Tax . . . by PolygamousRanchKid+ · · Score: 1

    Coming soon. He's always yapping about how his content is being "stolen" and distributed on the Internet. So he can demand that ISPs be taxed for carrying his content, too.

    Is there anyone else, who feels that ISPs are distributing their content, without them seeing a cent?

    If this Music tax passes, the flood gates will be opened . . .

    --
    Schroedinger's Brexit: The UK is both in and out of the EU at the same time!
  51. Obligatory car analogy by sirlark · · Score: 1

    You commit a driving offence on a privately run toll road. The toll road owners are now responsible for any damages you cause, no that you might cause

  52. while they are at it.... by Sinn3d · · Score: 1

    ...they should sue the power company that supplied the electricity that made it all possible to begin with...

  53. Show me the money by Anonymous Coward · · Score: 0

    Actually they should pay the "file sharers" for distributing their music for free. The file sharers are giving these artists free advertising but they want money from them instead? Extortion at its best I say.

  54. Irony incoming, in three... two... one... by Drakkenmensch · · Score: 3, Funny

    "Dear music lawyers. Following on your request that we should pay for illegal music downloads we allow to pass through, here is a detailed list of how much we allowed, which you will notice is empty. We 'allow' none to pass as we do not condone this practice, please find enclosed a fine payment cheque of zero dollars and zero cents. Love, the IPS."

    1. Re:Irony incoming, in three... two... one... by Anonymous Coward · · Score: 0

      Then they sue for the office costs. Opening an envelope is a significant loss leader to any legal professional.

  55. World gone Crazy by gx5000 · · Score: 1

    Is there anything Lawyers won't try ? I just about spewed out all of my coffee laughing when I read this story... Arrogance and power, a bad mix indeed, but I think this time it's obvious to all that this attempt will go nowhere...

    --
    End of Line.
  56. In other news... by Anonymous Coward · · Score: 0

    In other news, "A group representing British craftsmen and store owners will on Wednesday call for the introduction of a levy on the Department for Transportation based on the amount of stolen goods they allow to pass through their highways. Limey Focktard, chief economist at the Trades Union Congress, will argue at a Westminster conference that a thievery fee would better align the financial interests of the DFT with merchants at a time when the two industries are at odds over who should bear the costs of burglary."

  57. No problem. by ledow · · Score: 1

    Fine. Let them do it. I want my percentage of that "tax" based on the number of copies of software/music/images etc. with my copyright and without my permission that I believe are being passed through their connections too. I will back it up in exactly the same way that they do the arithmetic on their "industry losses" and then demand that money too. They will have to prove that I *don't* lose that amount of money due to the same piracy as they experience, or else I have to get my percentage, no matter how small. And when every artist hears that I succeeded, they'll all want *their* percentage and thus the tax will be going straight from my pocket back into my pocket without the music/movie industry seeing a penny of it.

    Or they could just cut out the years of legal hassle and give up now. It's their choice.

  58. Make it easy to pay and maybe folks will by RobertLTux · · Score: 1

    2 ways this could be done
    both begin by dropping DRM and allowing down/up/sideways loading

    1 use the metadata to flag who and how much is to be paid
    2 have a Media Clearing House Network that you can pay say ??50 every quarter for the right to download whatever from where ever (bonus if the MCHN actually hosts content)

    Of course then the various Media companies would have to produce content thats worth paying for....

    --
    Any person using FTFY or editing my postings agrees to a US$50.00 charge
  59. translation... by Anonymous Coward · · Score: 0

    "a piracy fee would better align the financial interests of internet service providers (ISPs) with rights holders"

    Translation:
            "you be mah bitch now!"

  60. false dichotomy by jDeepbeep · · Score: 1

    There are other ways for citizens to be strong than implementing a monolithic state model.

    --
    Reply to That ||
  61. Is that the same in REAL life? by kai6novice · · Score: 1

    If my uncle bought a painting in U.S. and ask my talented cousin to replicate the painting. After that, my uncle bring the replicated painting from U.S. to England through airplane. The airplane sold a ticket to my uncle, so he has the right to travel and carry whatever with him. And when my uncle get caught in England, the law will fine the airline company? I guess Internet is really a strange place.

  62. PsyhcoJoker by Anonymous Coward · · Score: 0

    Postal services should have to pay for the pirated stuff they deliver, maybe we can even sue them for the bombs they deliver and for the anthrax and other illegal goods.

    We should also start going after the auto makers that create vehicles that are used to transport drugs, bombs, and other items.

    This is the same reason many companies have to put so many limits on things their afraid of being liable and I for one don't blame them.

    This is why life is beginning to suck, no ones going to offer anything of quality with freedoms.

    Any service rendered with be extremely expensive and only good for minimal use, you will need insurance to surf the internet.

  63. What if ISVs tax the rights holders? by drdrgivemethenews · · Score: 1

    As noticed elsewhere in this thread, most musicians make their money off of touring, not from music distribution. Downloading amounts to nearly free advertising for touring bands, in other words.

    Given this, the only reason for rights holders to think ISVs owe them anything is if those rights holders are the record labels. Record labels make money from distribution, not touring, so of course free downloads look like theft to them.

    Pursue the thought to its logical conclusion, and you have another ripoff of the musicians by the labels: the ISVs get taxed by the labels for the theft of their property, and to make up for this they somehow figure out how to tax the artists for the advertising. Nifty.

  64. What About Federal Express? by Bob9113 · · Score: 1

    So, tell me -- are they going to do the same for Federal Express?

    If someone sends counterfeit Gucci handbags through Federal Express, will they fine the transport company?

    Transport companies are not supposed to, nor should they bear the cost of, poking through every package that transits their network. That is true whether the packages are boxes or packets.

  65. Silly idiots. by Anonymous Coward · · Score: 0

    There is NO cost to online song swapping. None, zero, zilch, zippo.

    The only cost is in trying to prevent it. Since that's an action taken by the supposed rights holders, I'll call them rights stealers unless they are the artists who wrote, composed or performed the items in question, the cost is 100% theirs to pay.

    Clear and simple.

  66. yeah, an we want every politician to pay 10$ .. by Anonymous Coward · · Score: 0

    to everyone they lied to. .. for every lie, everytime

    -> Because politicians don't always tell the truth the damage the public by billions of dollars every few weeks. .. oh well, an becaus the can't tell what the want with just a few words but mostly talk for hours, the again waste billions of dollars ..

    oh right, and copyright peanuts .. well, that's like 0.0001% of that .. so maybe we should prevent oil in saldas instead of the oceans .. looks to me as about the same type of problemsolving.

  67. Make Honda pay my speeding tickets too by northernfrights · · Score: 1

    You'd have my vote.

  68. Internet access is a right by Weezul · · Score: 1

    Internet access is a right. If you make it significantly more expensive, you're impinging upon that right.

    Are you worried about piracy now, really? why?

    --
    The Christian religion has been and still is the principal enemy of moral progress in the world. -- Bertrand Russell
  69. Telco's should pay for terrorist acts then by aarenz · · Score: 1

    Most terrorists used phones to plan their assaults and gather money to fund their operations, lets have the telcos pay for all the damage that is done that involved planning with a phone call.

  70. Original Paper & author reaction by mbone · · Score: 1

    The original paper is available online.

    In a discussion with one of the authors, he makes it clear that they are not advocating a Levy, just considering its implications. Read the paper, and draw your own conclusions.

  71. In summary then... by rifles+only · · Score: 1

    This has been blogged. Save yourself following the thread...http://bit.ly/bnLctl

  72. ISPs are already bearing it by KlomDark · · Score: 1

    They have to pay for the bandwidth and infrastructure to deliver the so-called "pirated" songs, so they are already covering it.

    The copyright group is just a sad attempt at milking money off others. Oh the stupidity!

  73. Ownership by TheMadScot · · Score: 1

    The issue is that you're paying for a license to listen to the music in a certain format; you don't pay for (or own) the music itself.

    The problem arises when those whom hold the licenses see fit to exert extreme control over the what, where, how, when, why and who can listen to the music to which they hold the licensing rights - hence the RIAA's lawsuit against the RIO mp3 player (arguing against format shifting) and, earlier still, when Universal Studios et al. filed suit against Sony Corp because their intoduction of Betamax video recorders permitted time shifting, which was argued to be an infringement

    It certainly appears that, when the methods used to distribute (and provide accountings for) licensed media start to slide towards obsolescence or irrelevance, the 'industry' seems to go through the classic stages of grief: Denial, Anger, Bargaining, Depression, Acceptance.

    I'll hazard a guess that the music licensing industry is somewhere between the second and third stages

    1. Re:Ownership by Vanderhoth · · Score: 1

      Lots of good points, but still if I'm being charged a tax that goes to the music industry for every blank CD I buy (I live in Canada) or downloading music (which I don't think I do, yet), then I'm still paying the licensing fees for the music that I may or may not be downloading. I can't infringe on copyrights because I'm paying for the license through my taxes.

      I agree with everything else you've said.

    2. Re:Ownership by yyxx · · Score: 1

      The issue is that you're paying for a license to listen to the music in a certain format; you don't pay for (or own) the music itself.

      That wasn't the original intent of copyright. You didn't license books, you bought them and then you owned them.

  74. What about us deaf people? by EnglishDude · · Score: 1

    I'm deaf. I don't listen to music. Why should I pay this "tax"?

  75. simplistic by yyxx · · Score: 2, Insightful

    There are many different kinds of rights you have and many different ways in which they get enforced.

    The government does enforce criminal law all by itself, which involve some violations of your person or property. The government does not automatically enforce civil law; you need to take action yourself. If you don't take action, you won't get anything. And some of those actions don't even involve the government: you may have to submit to binding arbitration to get your rights.

    Copyright and patents aren't even "rights" in the usual sense, they are temporary monopolies granted by the government. There is no reason in the world why anybody other than you should have to bear the burden and expense of making sure you take proper advantage of that temporary monopoly.

    1. Re:simplistic by Zironic · · Score: 1

      I agree, I was just trying to make the point that the government is mostly doing a decent job at protecting your rights in general even though corporations are generally favored in the civil law system due to their superior resources.

      I'm definitely against the IP owners trying to push the investigation duty to other parties, my opinion is that they should focus on combating commercial infringement and leave consumers the heck alone.

  76. It makes sense... by aaandre · · Score: 1

    As long as the Royalty group agrees to pay to ISPs every time someone sees an ad for music or buys music online.

    It's only fair.

    1. Re:It makes sense... by pat+sajak · · Score: 1

      or should the ISPs charge the royalty group for all the bandwidth they use because royalty groups failed to protect their content properly?

  77. registered mail by yyxx · · Score: 1

    Registered mail is guaranteed to be sealed; postal workers place stickers and stamps over any opening.

  78. Stupid idea by Anonymous Coward · · Score: 0

    Making the ISP's pay is like fining the post office for delivering a nasty letter. Or fine the telephone company for conecting a call you didn't like. Not to mention the - how do you measure all the pirated data?. Between different protocols and encrypted traffic you have no chance. All this really shows if how out of touch the PRS is.

  79. If A leads to C, make B responsible by Anonymous Coward · · Score: 0

    Maybe the gas-pump should be made responsible for the speeding driver (or the gas company in fact, but we pay at the pump?)

  80. So the levy is to be on "unlicensed" material... by John+Hasler · · Score: 1

    ...not on "infringing copies". An important distinction.

    --
    Warning: this article may contain humor, sarcasm, parody, and perhaps even irony. Read at your own risk.
  81. I understand that by TheMadScot · · Score: 2, Interesting

    Copyright (as in law) in the modern world is supposed to exist so as to allow those whom are engaged in the creative sector can profit from their creativity and thus earn a living from their endeavours

    My sole source of income is from the work I do as an editorial and commercial photographer, so copyright legislation supposedly benefits me as it serves to protect my income from less than scrupulous entities whom would rather appropriate my work without compensating me

    Of course the trouble with photography is that it's largely those who do have the funds and ability to legally license my work that are the most reluctant to "cough up" - even when caught red-handed

    I do think that the RIAA and PRS are at best more than a little misguided in their efforts - and, at worst, they're practising corporate extortion.

    I'll quote from Wikipedia article on Statutory Damages

    "the original rationale for statutory damages was that it would often be difficult to establish the number of copies that had been made by an underground pirate business and awards of statutory damages would save rights holders from having to do so"

    So: in pursuing individuals for damages of between $750 (minimum) and $150,000 (maximum) per work infringed, a person whom downloads a movie or song is being treated like a for-profit criminal gang

    I believe that copyright legislation needs to undergo reform so that the penalties for infringement more appropriately reflect the scale and intent of the infringement.

  82. In other news... by Rsriram · · Score: 1

    Insurance companies are calling for a levy on city councils to compensate for claims from thefts in cities. They are arguing that since cities provide the infrastructure where thefts happen, they should pay for it. They claim that New York has agreed to pay 50 billion dollars a year for various criminal acts being engaged in by criminals in the city.

    --
    O this learning! What a thing it is - William Shakespeare
  83. There's a boatload of pressure / desire by TheMadScot · · Score: 1

    Musicians, by and large, get into music because they enjoy it. Present anyone with an opportunity to do what they enjoy and earn money from it and they'll be hard-pressed to turn such an offer down.

    A few days ago, Techdirt ran a very interesting article about the way in which major record labels perform accounting for their royalty statements to artists. It makes for fascinating, if horrifying, reading on how artists get a very raw deal most of the time.

    With that said, the answer still doesn't lie in piracy or copyright infringement, as the end result of that scenario will be exactly as the BBC article predicts: "...you need good musicians to create the music we all love and unless they are rewarded, unless they can pay the bills, they'll drift out of it"