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Media Companies Create Copyright Enforcement Framework

An anonymous reader writes with an article in Ars Technica. From the article: "American Internet users, get ready for three strikes^W^W 'six strikes.' Major U.S. Internet providers — including AT&T, Verizon, Comcast, Cablevision, and Time Warner Cable — have just signed on to a voluntary agreement with the movie and music businesses to crack down on online copyright infringers. But they will protect subscriber privacy and they won't filter or monitor their own networks for infringement. And after the sixth 'strike,' you won't necessarily be 'out.'" It's not suspicious at all that most of the ISPs signing on for this are owned by or own media companies.

29 of 219 comments (clear)

  1. Corporate blacklists by arisvega · · Score: 4, Insightful

    So are we looking at some sort of private blacklisting? Like the one banks employ- figure out who is the 'good' customer and who ain't? And how lawful will it be for them to deny service to you on the grounds that 'it is statistically confirmed that you may use our services to support piracy, therefore we are forced to turn down your application'?

    --
    The three laws of thermodynamics:(1) You can't win. (2) You can't break even. (3) You can't even quit.
  2. Media Companies by bws111 · · Score: 3, Insightful

    It's not suspicious at all that most of the ISPs signing on for this are owned by or own media companies.

    Since when does 2 out of 5 count as 'most'? Other than Comcast and Cablevision, which ones are owned by or own media companies?

    1. Re:Media Companies by countertrolling · · Score: 2

      The media 'companies' (more like cartels) have their claws in the entire backbone. Presently there is no escape. Not until we develop secure ad hoc networks will we be safe from them, and the government of course. Even the darknet over corporate wire is not immune.

      --
      For justice, we must go to Don Corleone
    2. Re:Media Companies by compro01 · · Score: 2

      Both companies are owned almost entirely (90% and 84% of stock) by a similar set of mutual fund companies, largest holders for both being Capital Research Global Investors, Dodge & Cox Inc., and Franklin Resources Inc.

      --
      upon the advice of my lawyer, i have no sig at this time
  3. "Those who cannot remember the past... by Jane+Q.+Public · · Score: 2

    "... are condemned to repeat it." -- George Santayana

    This is precisely why historically, the FCC did not allow on company to be both a content creator and content provider or "carrier". There is a huge conflict of interest which is not in the best interest of either innovation or the citizenry in general.

    Where were all the protests when Time-Warner became a cable operator? Where were all the protests when any of these providers acquired the creators, or vice versa?

    Goddamned American public in recent years has acted like it has never read a newspaper or history book.

    1. Re:"Those who cannot remember the past... by Jane+Q.+Public · · Score: 2

      Equating a whole political party with one or two idiots is not a very intellectually gifted thing to do, you know? Durr yourself.

    2. Re:"Those who cannot remember the past... by Jane+Q.+Public · · Score: 3, Insightful

      The newspaper and (paper) book publishing industries are on hard times because for the first time in history they have actual competition. It has nothing to do with how many read.

    3. Re:"Those who cannot remember the past... by jpate · · Score: 2

      To be fair, santorum can result from heterosexual anal sex as well.

  4. Re:There's nothing terribly wrong with this by EraserMouseMan · · Score: 5, Insightful

    ...except for the fact that it amounts to incremental-ism. One baby step at a time.

  5. This is actually reasonable. by odin84gk · · Score: 4, Interesting

    Have you ever gotten a copyright infringement letter? If not, then this probably won't apply to you.

    Read the last two paragraphs of the article.

    Essentially, after 6 notifications where they contact you about your infringing activities, they will throttle your internet, and possibly disconnect you until you contact them and have a chat about copyright laws.

    While I don't like the thought of being disconnected, I really don't like the thought of the government getting involved. (Protect IP Act, anyone?)

    1. Re:This is actually reasonable. by Anonymous Coward · · Score: 5, Insightful

      I'd rather have the government be involved than have private entities colluding to create their own extra-legal framework. With the government, I have recourse to contest or change the law. With private entities, I'm practically a powerless serf. As messed up as things are in our republic now, I'll still take it over neo-feudalism.

    2. Re:This is actually reasonable. by gstoddart · · Score: 2

      Mod parent up, and to think I just spent my last point. Private companies are not entitled to act as judge, jury, and executioner.

      Sadly, those are legal terms ...

      A lot of people will take the position that it's their network, and you use it according to their terms and their whim. The fact that the FCC hasn't decided to enforce net neutrality seems to confirm that.

      I believe in this case, those private companies have given you their terms, and given you an EULA that says they can change those terms at will ... so, yes, in this case they certainly can act as judge, jury, and executioner. Your alternative is to bugger off, and find another ISP if you don't like the way you treat them ... if that's not actually possible because there's no competition, well, then your SOL.

      Not saying I agree with what they're doing ... but I don't see how anybody can stop them. Despite the fact that they have easements to run cable over private land, and the government seems to have granted them what is essentially a monopoly, they've also declined to regulate what they can do.

      Welcome to a world in which private companies can screw you over any way they see fit, and you have no recourse. This will only get worse.

      --
      Lost at C:>. Found at C.
    3. Re:This is actually reasonable. by brainzach · · Score: 2, Interesting

      Why would it be illegal? The analogy is more like a utility company shutting off your electricity because they have evidence of you growing marijuana indoors illegally.

      The only way people will win a successful suit is that if they were a false positive. Trying to sue when you are actually committing copyright infringement will make you an easy target for the MPAA/RIAA.

      If you claim that your neighbors are stealing your Wi-Fi and downloading illegal content, then the education will probably focus mostly on securing your network better, which isn't necessary a bad thing.

    4. Re:This is actually reasonable. by Jane+Q.+Public · · Score: 2

      "And copyright infringement is definitely illegal."

      And your point is?

      The legality of copyright infringement has nothing to do with this issue. Legal or not, private industry does not have the right to act as judge and jury! And further, even if they WERE acting as legal law enforcement (they are not), it is NOT permissible to break the law in order to enforce it!

      "You did it yourself earlier on in this thread, rebutting someone who talked about piracy and self-righteously proclaiming "no, we're not at all like pirates, we don't sell the stuff, we just download it for our own personal enjoyment because we're too cheap to buy something we want"."

      I did nothing of the sort. I stated a fact, while you are making assumptions (and imputations) about me that you have no right to make... or evidence to make for that matter. In short, you are being an ass.

      "No, it's not at all like that. It's more like your local utility company shutting off your gas after you've missed several payments of your gas bill and received half a dozen letters asking you to pay up."

      No, it's not. At all. If you want to be realistic, it's a lot more like your local utility company shutting off your gas because you were accused of stealing some propane from somebody else.

    5. Re:This is actually reasonable. by Jane+Q.+Public · · Score: 2

      "Why would it be illegal? The analogy is more like a utility company shutting off your electricity because they have evidence of you growing marijuana indoors illegally."

      No, it isn't. First, they would have no "evidence", only the word of somebody in the "content industry", so it's hearsay at best. From past court cases, we have seen the quality of THEIR "evidence". And to say it tends to be weak is a gross understatement.

      Further, even if a utility company had evidence that you were growing marijuana, their only LEGAL recourse is to turn that information over to the "authorities". They have no legal authority to act on that information by themselves, by shutting off your service.

      "... then the education will probably focus mostly on securing your network better, which isn't necessary a bad thing."

      Precisely while freedom-lovers are pushing everybody to open their wi-fi, so that more people will have internet access. The thing is: network security is great, if you want it. But I am not legally required to "secure" my wifi. And I have some very strong reasons for not wanting to. Perfectly legal, ethical reasons.

    6. Re:This is actually reasonable. by Jane+Q.+Public · · Score: 4, Insightful

      No more than a telephone company is responsible for you using the telephone to plan and execute a robbery... or complaining that you're "using up their bandwidth" to do so.

      Which is really a big part of the point here. If the FCC would get off its butt and lobby to regulate ISPs as common carriers (Title II), then a lot of these issues completely go away. Not downloading of copyrighted materials, necessarily, but a lot of the garbage that has built up around that.

    7. Re:This is actually reasonable. by Bucky24 · · Score: 2

      I fully expect that if my telephone company thought I was planning robberies via their systems that they would probably NOT shut off my service, but only so that they could put a wiretap on my line.

      Regardless, that's not the point. If I'm discussing doing copyright infringement over the internet I wouldn't expect my connection to be severed (not yet anyway). If I actually was using the phone line to transfer stolen goods, or actually data of any kind, I would expect to be disconnected.

      This actually happened in the beginnings of the internet, when companies tried to send computer data between sites using the phone system. The telephone companies demanded that they get dedicated lines to do so. Though there were technological reasons for this as well as financial.

      --
      All the world's a CPU, and all the men and women merely AI agents
  6. How many customers by Aladrin · · Score: 4, Insightful

    How many customers will they be forced to ban before they realize how much this hurts them and helps their competition?

    A boycott like this doesn't work unless you get every ISP to join in because 1 service isn't significantly different than another. Nobody says, 'Oh man, I couldn't live if I had to switch to Sprint instead of Time Warner!'

    Also, I wonder if there are any laws against this already? It seems to me that banding together to deny service to a certain list of people has got to have some anti-trust laws or something.

    And, could this be a major nail in the IP coffin? Judges aren't going to have much respect for them if they do really crazy things in the name of protecting their IP. The tide is already turning on that front and this is pretty desperate.

    --
    "If you make people think they're thinking, they'll love you; But if you really make them think, they'll hate you." - DM
    1. Re:How many customers by protektor · · Score: 2

      Yes, ISP blacklists are a legal nightmare. You better have damn good proof to back up your claim and crap load of insurance to go with it or you are looking a major problems from the people blacklisted as well as the government. If you share that blacklist with others....oh man...your liability just went even higher and the government can take an even more active interest in what you are doing. I used to own an ISP and talked several times about a blacklist of customers who didn't pay their bills and was told by many lawyers it would be a legal minefield and that the government could step in a bitch slap everyone involved for collusion and restraint of trade and attempting to create an illegal monopoly and cartel stuff too. The list was long and varied of the problems. There are a whole long list of what you are legally allowed to keep a list of bad customers and the level of legal proof you must have to put them on the list and even then it could still all blow up in your face. I don't see how these guys think they will get away with sharing such a list. I only see it being a much bigger explosion in their faces given their size.

  7. what about false positives, bad clames, fake clame by Joe_Dragon · · Score: 2

    false positives have been a issues in the past does this do any thing to fix that?
    Let's say some without HSI but has cable some how get some HBO VOD data flagged? or just that they flag the wrong subscriber.

    Bad clams
    The bank's have done foreclosure on loans they don't even own so what stopping someone from makeing a clam on stuff they don't own or that may be free but some how they thing they own the rights to? What if a game is free but someone flags it based on in game music?

    fake clams

    One business may just make clams just to DOS a other business.

    What about places with FREE WIFI or hotels? (A lot of hotels use cable HSI)

    What about if you HAVE the rights to that Copyright and the right to download it and you still get flaged?

  8. Re:Really depends on the implementation by Jane+Q.+Public · · Score: 2

    "I'm fine with a way for copyright owners to shutdown pirates after repeated offenses."

    Please stop helping the media companies to spread misinformation. Downloaders are not pirates. "Pirates" are defined as people who make and sell copies of copyrighted works commercially, for a profit. Equating your typical downloader with "pirates" is a gross injustice. And which is something the media companies want everybody to do, in their minds.

  9. Re:Really depends on the implementation by brainzach · · Score: 2

    ISP's won't let the MPAA or RIAA abuse their customers. The ISP's will have discretion on how to enforce these copyright claims and won't do anything that will cause them to lose significant profits. If the MPAA abuses its power, the ISP will ignore the request because the agreement is voluntary.

  10. How about for government by Bob+the+Super+Hamste · · Score: 5, Interesting

    Can we get something like this for government except instead of copyright infringement it is applicable to 3 (or 6 in this case) infringements of individual rights? Now instead of being cut off from the internet they are forced out of office, never allowed to hold office again, lose their pensions, and have to pay back all money and benefits earned while in office.

    --
    Time to offend someone
  11. SO WHAT by shoehornjob · · Score: 2

    One day big media will understand that they need us more than we need them. Take away my movies, video games and music (that part would suck) and I wouldn't be too happy but I would eventually find something else to do. Occasionally I come across someone that doesn't watch tv and they seem happy. My friend Chris told me that he couldn't imagine being glued to the tv again. Fuck big media.

    --
    "We are just a war away from Amerikastan. When god vs god the undoing of man." Dave Mustaine
  12. Re:Beats getting sued... by Artifakt · · Score: 4, Interesting

    The first rule of Usenet is we do not talk about Usenet.
    The second rule of Usenet is we wave our hands in their faces and say "These are not the NZBs you're looking for."

    Usenet - making old tech do things sane nature never intended to allow fall into the clever hands and febrile minds of mortals. (With NZB and PAR2 as the neck-bolts of our shambling creations brought back from beyond the ultimate veil).

    --
    Who is John Cabal?
  13. Re:what about false positives, bad clames, fake cl by ifrag · · Score: 2

    While I must admit, how to execute a DoS attack using clams is a little beyond me, I think the issue of false positives is going to be a lot less funny.

    If these companies are doing so little as just checking if an IP address is in a torrent swarm, then I would think just about anyone could be flagged. So even assuming they get the right IP address associated to who had it at that point in time, there is still not even a guarantee the file was being seeded by that IP at that moment. I see connections being made for a torrent long after I've shut it down. And if DHCP were to reassign that address, whoever else got it would probably be seeing a load of incoming traffic that makes no sense to them.

    Traffic inspection for specific media is probably damn near pointless since a lot of torrent traffic is already encrypted anyway. In fact, the paranoid probably have legacy connections disabled and only used encrypted traffic.

    And I'm also curious about how reliable DHT is in all of this, and if it is possible to poison DHT with IPs not really in the swarm.

    I don't really expect any due diligence on the ISPs part, so hopefully the penalties stay mild enough their lack of investigation doesn't cause too many problems.

    --
    Fear is the mind killer.
  14. Re:"Subscribers can always still sue their ISP" by gstoddart · · Score: 2

    From the article: "In addition, subscribers can always still sue their ISP in court."

    Until they amend the terms of services ... or, it will cost you tens of thousands of dollars to fight.

    Comcast "outright owns the ISP" only for works published by NBCUniversal. The other eight MAFIAA members (Sony, WMG, Vivendi, EMI, Viacom, Disney, Fox, and Warner) still have to follow the procedure.

    And, they'll have a nice, cozy arrangement whereby they give each other a reach around.

    I want you to be right in hoping/expecting consumers to have some recourse on this. But, recent history and a little bit of skeptical extrapolation tells me that they'll re-write the rules of the game in their favor, and at some point the ISPs will be the ones gathering the information the MAFIAA shills will use to sue their (now former) customers for trillions of dollars in lost revenue based on the inflated statutory damages they got the idiot lawmakers to grant them.

    I'm just no longer convinced we're likely to see any sanity in this copyright issue ... they'll sue us for trillions of dollars, but when they infringe by selling compilations with unlicensed songs, they'll settle for a few sheckles.

    I'm still hoping for something spectacular like the end of Fight Club ... a sudden, dramatic event which suddenly ends these corporations. Of course, that's just wishful thinking, and I now probably owe someone royalties for mentioning a movie. Fuckers.

    --
    Lost at C:>. Found at C.
  15. Re:There's nothing terribly wrong with this by S.O.B. · · Score: 2

    Ignore him. Just another ism-ist creating random ist-isms.

    --
    Some of what I say is fact, some is conjecture, the rest I'm just blowing out my ass...you guess.
  16. Re:Beats getting sued... by Joe+U · · Score: 2

    Or people will simply switch to using NZB files pointing to Usenet servers.

    Usenet is a messaging system, there are no files there. (whistle)