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ISP Refuses To Block the Pirate Bay

asto21 writes "Previously, representatives from the Finnish music industry filed a lawsuit against Elisa, one of the country's largest ISPs, demanding that it should block subscriber access to The Pirate Bay. In a reply filed at the district court, Elisa has refused to comply, describing the blocking demands as unreasonable."

38 of 219 comments (clear)

  1. Why hasn't it clicked yet? by Haedrian · · Score: 5, Insightful

    "The industry groups counter by saying they have been left with no other choices after the criminal conviction of the Pirate Bay admins following their November 2010 appeal failed to close down the site. Instead, the number of Finns using the site only increased."

    You'd think they worked out that suing people hasn't worked by now.

    When the industry starts giving people what they want - DRM-free stuff they can 'own' and use whichever way they like, at a reasonable price - then piracy will go down.

    1. Re:Why hasn't it clicked yet? by Lord+Juan · · Score: 5, Insightful

      When the industry starts giving people what they want - DRM-free stuff they can 'own' and use whichever way they like, at a reasonable price - then piracy will go down.

      Yes, but so will their profits, and remember, no freedom is worth a drop in their profits.

    2. Re:Why hasn't it clicked yet? by jimicus · · Score: 5, Insightful

      You'd think they worked out that suing people hasn't worked by now.

      When the industry starts giving people what they want - DRM-free stuff they can 'own' and use whichever way they like, at a reasonable price - then piracy will go down.

      (Please note that I make no comment as to whether or not you're right, I'm simply commenting on why anyone might continue down this path long after it appears to everyone else that they're fantastically misguided).

      It is hard to admit your own mistakes.

      It is very hard to admit your own mistakes when you've been making them for so long that they've almost come to define you.

      It is fantastically hard to admit to mistakes when you've got a socking great organisation set up to perpetuating them. At this stage, even if the man at the top knows that he's on the wrong course, a significant percentage of the people he's working with won't accept that.

    3. Re:Why hasn't it clicked yet? by perryizgr8 · · Score: 5, Insightful

      "The industry groups counter by saying they have been left with no other choices after the criminal conviction of the Pirate Bay admins following their November 2010 appeal failed to close down the site. Instead, the number of Finns using the site only increased."

      You'd think they worked out that suing people hasn't worked by now.

      When the industry starts giving people what they want - DRM-free stuff they can 'own' and use whichever way they like, at a reasonable price - then piracy will go down.

      you CAN get drm free mp3s from itunes now. has that actually decreased any piracy? nope.

      --
      Wealth is the gift that keeps on giving.
    4. Re:Why hasn't it clicked yet? by elashish14 · · Score: 2

      I don't know what you refer to by 'industry' but the RIAA and MPAA gone way past the limit for me. Even if I could pay for it, I will on principle make sure not to give my money to them because I know that they're just going to use it to stifle our freedoms, using our money for their dirty schemes - hiring lawyers for extortion, bribing politicians for anti-freedom legislation, and so on.

      I'm even reluctant to use Pandora because I know that they have to bend over for the RIAA, and that they must be making some cash on the side from it. I wish there were a non-RIAA alternative so I could find and listen to good music without supporting them. Maybe it's time to check out the Jamendo store or something else of the like. Another example: when friends give me itunes gift cards, I make sure to purchase from artists that have never had anything to do with the RIAA. I hope that's good enough and they don't have some deal on the side that still gets them a profit from non-label sales....

      --
      I have left slashdot and am now on Soylent News. FUCK YOU DICE.
    5. Re:Why hasn't it clicked yet? by franciscohs · · Score: 2

      And they should keep in mind, some piracy will ALWAYS remain, those are the people that wouldn't have bought the crap they pirated no matter the price.

    6. Re:Why hasn't it clicked yet? by mooglez · · Score: 5, Insightful

      We are sorry...

              * We could not process your order. The sale of MP3 Downloads is currently available only to US customers located in the United States.

    7. Re:Why hasn't it clicked yet? by bemymonkey · · Score: 4, Insightful

      The real question is whether or not it's increased sales... I know it has on my part.

    8. Re:Why hasn't it clicked yet? by toxickitty · · Score: 3, Insightful

      When the industry starts giving people what they want - DRM-free stuff they can 'own' and use whichever way they like, at a reasonable price - then piracy will go down.

      They don't want that though, the minute you have a prefect digital copy you don't have to keep buying the same shit everytime we get a new technology to play it, and they certainly don't want that at all ^^

    9. Re:Why hasn't it clicked yet? by perryizgr8 · · Score: 2

      maybe guys like you have extra-sensitive ears but most people cannot hear a difference between flac at 48bit/196kHz (numbers made up) and aac/mp3 at 320kbps.
      i too haven't bough any cd or music over the net for about a decade now. i once bought an album on bandcamp, but it was $0.5 so that hardly counts as buying. lots of free downloads from bandcamp too. also, any song that is very good, i get from my friends. i dunno if that counts as piracy or not.

      --
      Wealth is the gift that keeps on giving.
    10. Re:Why hasn't it clicked yet? by Anonymous Coward · · Score: 2, Insightful

      sounds just like the war on drugs!

    11. Re:Why hasn't it clicked yet? by Quince+alPillan · · Score: 5, Informative

      No, but Netflix and Pandora killed any video and music pirating I might have been doing. I'd much rather pay Netflix every month, and Pandora once a year, than having to deal with viruses, codec issues, and rampant quality issues.

      The fact that I can have both services on my devices (Pandora works on my PS3) means that I don't have to format shift any more, either.

      I still refuse to pay iTunes prices for music or videos, but Pandora is good enough that I don't need to download music any more. Netflix is far easier than pirating videos and has far more content than any one website, which means I don't have to search for something I might like.

      While my evidence is merely anecdotal, I wouldn't be surprised if a lot of other people didn't feel the same way.

    12. Re:Why hasn't it clicked yet? by mooglez · · Score: 3, Insightful

      You don't think that piracy is just a non-US problem, do you really? If you do you're a fool and if you don't you've gone out of your way to miss the point which makes you a troll.

      piracy is a worldwide problem, hence you cannot use examples or webstores that are only available in the united states to draw conclusions like the op did.
      ie. that there already are viable alternatives to piracy => if piracy did not go down => it is the people and not the content managers who are at fault.

      especially when this whole news article is about an EUROPEAN isp. hence the discussion would by logic be eurocentric, not us centric.

      my post was to show that there is still a lot of work to do on the content managers side to bring out a product that can compete with a pirated product, around the world, and not just in some specific part of the world.

    13. Re:Why hasn't it clicked yet? by plover · · Score: 5, Insightful

      They don't want that though, the minute you have a prefect digital copy you don't have to keep buying the same shit everytime we get a new technology to play it, and they certainly don't want that at all ^^

      This.

      If buying CDs was "only buying the rights to listen to the music", our license would extend to whatever form of media it were on. The "rights" I bought to listen to Stairway to Heaven in the 1970s were never advertised as expiring, nothing in the album packaging or liner notes indicated that these rights would expire, therefore they should have extended beyond the vinyl to the CDs I acquired in the 1980s, or the MP3 I download from iTunes today.

      They have proven this is not the case, because they charged me full price for the CD even though I owned the vinyl. If I truly owned the rights to listen to the music, I should have only had to pay a few dollars for the conversion to digital and the different media. But no, I paid exactly the same price as someone who didn't previously own the music on vinyl.

      Either we're licensing the rights to listen, which should extend across media, or we're buying the bits and own them. They shouldn't get it both ways.

      --
      John
    14. Re:Why hasn't it clicked yet? by ibwolf · · Score: 3, Insightful

      My wife just loves John Mayer's music. We but it, she puts a copy on her iPod ( which she uses while bike riding and at the gym) through iTunes, we burn a copy of the CD and put on in the CD changer in the car and the original gets put into the CD collection. Guess what, the EVIL record companies don;t give a shit about that.

      Of course the give a 'shit' about that, it is just unfortunate (from their perspective) that the CD specification was finalized long before DRM became an issue. They would love nothing more than to be able to sell you a separate copy for your iPod, car and home stereo. Indeed, Sonly tried very hard to 'fix' CDs so that you couldn't rip them!

      Meanwhile video content is still DRM infested and digital books seem headed in that direction as well.

    15. Re:Why hasn't it clicked yet? by MobileTatsu-NJG · · Score: 2

      We but it, she puts a copy on her iPod ( which she uses while bike riding and at the gym) through iTunes, we burn a copy of the CD and put on in the CD changer in the car and the original gets put into the CD collection. Guess what, the EVIL record companies don;t give a shit about that.

      Yes they do. They think you owe them for every copy that you have. That's why in the original iTunes DRM scheme there was a limit to how many machines could have a copy of that music. They also think Taxi cab drivers owe them a licensing fee for having the radio on in their car while passengers are riding.

      You should take a closer look at those poor innocent little record companies that you think have been so unfairly judged. If you actually do this, please do it in front of a web cam so we can watch the expressions on your face change while you read about what their idea of 'fair use' is.

      --

      "I like to lick butts!" by MobileTatsu-NJG (#32700246) (Score:5, Informative)

  2. Would like to think my ISP would have those guts by elrous0 · · Score: 3, Insightful

    I really would like to believe that American ISP's would have those guts when the (inevitable) day comes. But I'm pretty sure that they'll be falling all over themselves to comply (especially since most of them are owned by big media companies like Time Warner and Comcast).

    --
    SJW: Someone who has run out of real oppression, and has to fake it.
  3. Only practical solution? by DickBreath · · Score: 2

    > claims that blocking The Pirate Bay is the only practical solution to slow down piracy,

    That supposes that there is a solution period which can slow down piracy.

    Maybe they ought to try competing. Give people what they want: digital content, at a reasonable price, that they can own (like an 8-track, vinyl or wax cylinder) and listen to whenever they want on any of their devices (gramaphone, victrolla, car 8-track, etc).

    --

    I'll see your senator, and I'll raise you two judges.
    1. Re:Only practical solution? by PhilHibbs · · Score: 3, Funny

      Give people what they want: digital content, at a reasonable price, that they can own (like an 8-track, vinyl or wax cylinder) and listen to whenever they want on any of their devices (gramaphone, victrolla, car 8-track, etc).

      That's some crazy advanced technology, that allows you to own a copy and not just pay for a licence! Are you sure any of it is possible?

  4. Such a slippery slope. by commo1 · · Score: 5, Insightful

    The ISPs rightly refuse... if this is what they're blocking this week, what will it be next and where will they be taking orders from?

    One (or more) of the 'agencies' of the U.S.A.? Interpol? Local law enforcement? The PTA?

  5. Can't give in to blackmail. by Aceticon · · Score: 5, Insightful

    Blocking access to a specific site on demand from a specific interest group just opens up a huge can of worms. You do it for one interest group and next you know, everybody and their cat is demanding you do the same for them.

    After all, if one group can demand it in order to defend their business model, then certainly other owners of IP can too. For example if somebody reposts a post of mine (of which I automatically own the copyright) in part or in whole, they're breaking my copyright - I think I need to request that access is blocked to every proxy in the planet from Finand.

    Then there's the whole "morality" groups - how about, say, muslim groups demanding that access to sites of newspapers critical of Islam is blocked, pro-democracy groups demanding blocking of critical sites, anti-democracy groups demanding blocking of pro-democracy sites, misguided animal-rights groups demanding blocking of access to bonsai-cats and more.
    After all, as the argument would go, those sites facilitate the spread of defamatory posts and even posts that incite hatred on religious or political grounds (yes, there are places were this is against the law and said law is vaguelly enough written that pretty much everything fits until it comes in front of a court and is proven).

    1. Re:Can't give in to blackmail. by Barbara,+not+Barbie · · Score: 5, Informative

      For example if somebody reposts a post of mine (of which I automatically own the copyright) in part or in whole, they're breaking my copyright.

      Just want to point out that you are perpetuating a common misconception - two, actually.

      1. Not everything you post is automatically copyrightable.

      For example, if you posted "1+1=2", that is not subject to copyright. It is neither original nor creative, as well as being a non-copyrightable fact.

      Also, things that are trivial are not copyrightable. Look at the whole linux header files debate.

      Then there's this HUGE hole - people think that they can protect an idea by copyright, when copyright doesn't allow it:

      (b) In no case does copyright protection for an original work of authorship extend to any idea, procedure, process, system, method of operation, concept, principle, or discovery, regardless of the form in which it is described, explained, illustrated, or embodied in such work.

      This is why you can't copyright the rules of a game - just the artwork, etc.

      2. People can repost your post without your permission under certain circumstances without breaking your copyright.

      Fair use is just one example. Libraries and archives are another. In Canada, news media can repost it under section 29.2 of the Canadian Copyright Act without compensation as long as they provide attribution.

      --
      Let's call it what it is, Anti-Social Media.
    2. Re:Can't give in to blackmail. by PPH · · Score: 2

      ISPs (and other private individuals or organizations) aren't cops. Its not their job to police the Internet, patrol their neighborhood, or apprehend criminals.

      Granted, TPB probably doesn't present much of a risk of retaliation. Or perhaps it does. Just look at Wikileaks/Anonymous. If someone wants to play good citizen, fine. But there shouldn't be an obligation placed upon individuals to perform policing functions (This isn't Soviet Russia, Slashdot memes aside), particularly when doing so might place a person or business at financial or physical risk.

      All Elisa has to do is to cite the possibility of retaliatory DDoS attacks and that should get them off the hook.

      --
      Have gnu, will travel.
  6. Re:reasonable by PhilHibbs · · Score: 2

    "Burger King, you must not serve those customers because they are villains. Macdonalds, you are free to continue taking their custom."

  7. that will fix it by FudRucker · · Score: 2

    just like when Napster was shut down, over a dozen others sprang up to take its place...

    --
    Politics is Treachery, Religion is Brainwashing
  8. Re:reasonable by mmcuh · · Score: 5, Insightful

    "Burger King" are obviously royalists who aim to overthrow the US republic and replace it with a monarchy. You can clearly see it in their name. Really, what's their defence?

  9. Exactly the same thing happened in Holland by dingen · · Score: 4, Interesting

    Dutch music & movie trade association BREIN won a lawsuit against The Piratebay in 2009 (it was covered onSlashdot). When it became clear The Piratebay wouldn't actively block Dutch users, BREIN started to sue Dutch ISP's, but none of them caved. Now, two years later, The Piratebay is still available through all Dutch ISP's, despite all of the lawsuits.

    --
    Pretty good is actually pretty bad.
  10. Re:Would like to think my ISP would have those gut by alex67500 · · Score: 2

    I honestly believe that the only result of blocking this address would result in more and more users of Tor (or the like).

  11. Re:reasonable by Anonymous Coward · · Score: 2, Funny

    Well, our current system of government seems to have failed miserably. How bad could it be.
    "Let them eat shakes."

  12. Re:reasonable by Kjella · · Score: 2

    To use a real world analogy a pirate's bay like Tortuga doesn't mean everyone there is a pirate or that they engage only in piracy. It might be a very popular thing among the ships making it their port of call, but it's not really the harbor master's business. TPBs defense has been simple, all content is there at direction of users. You can call it a thin defense but it's been strong enough that it's still running...

    --
    Live today, because you never know what tomorrow brings
  13. some will point to IP at this point... by justforgetme · · Score: 2

    But I'm not one of those.

    To be honest I really never understood how it has become to be the accepted way, to pay people for their past services. So you want to be an ubercool gazillionaire? very well provide a constant high value service to people and get paid high amounts for it but don't go asking everyone for money because you first of all men thought of how to wipe your a** after defecating.

    Concerning ownership of digital items (data, to the intelligent people): how could anybody put a price tag on a copy of something that can be copied without any costs keeping in mind that the electricity needed for a file transfer of a .mp3 file could easily be generated with rubber and some wool.

    --
    -- no sig today
  14. Re:Even Tetris? by Barbara,+not+Barbie · · Score: 2
    Yes, even the rules to Tetris are not copyrighted.

    The government says as much: http://www.copyright.gov/fls/fl108.html

    Copyright does not protect the idea for a game, its name or title, or the method or methods for playing it. Nor does copyright protect any idea, system, method, device, or trademark material involved in developing, merchandising, or playing a game. Once a game has been made public, nothing in the copyright law prevents others from developing another game based on similar principles. Copyright protects only the particular manner of an author's expression in literary, artistic, or musical form.

    Material prepared in connection with a game may be subject to copyright if it contains a sufficient amount of literary or pictorial expression. For example, the text matter describing the rules of the game or the pictorial matter appearing on the gameboard or container may be registrable.

    If your game includes any written element, such as instructions or directions, the Copyright Office recommends that you apply to register it as a literary work. Doing so will allow you to register all copyrightable parts of the game, including any pictorial elements. When the copyrightable elements of the game consist predominantly of pictorial matter, you should apply to register it as a work of the visual arts.

    The deposit requirements will vary, depending on whether the work has been published at the time of registration. If the game is published, the proper deposit is one complete copy of the work. If, however, the game is published in a box larger than 12" x 24" x 6" (or a total of 1,728 cubic inches) then identifying material must be submitted in lieu of the entire game. (See âoeidentifying materialâ below.) If the game is published and contains fewer than three threedimensional elements, then identifying material for those parts must be submitted in lieu of those parts. If the game is unpublished, either one copy of the game or identifying material should be deposited.

    Identifying material deposited to represent the game or its three-dimensional parts usually consists of photographs, photostats, slides, drawings, or other two-dimensional representations of the work. The identifying material should include as many pieces as necessary to show the entire copyrightable content of the work, including the copyright notice if it appears on the work. All pieces of identifying material other than transparencies must be no less than 3" x 3" in size, and not more than 9" x 12", but preferably 8" x 10". At least one piece of identifying material must, on its front, back, or mount, indicate the title of the work and an exact measurement of one or more dimensions of the work.

    FL-108, Reviewed November 2010

    U.S. Copyright Office
    101 Independence Ave. S.E.
    Washington, D.C. 20559-6000
    (202) 707-3000

    Revised: 22-Dec-2010

    Most people don't know the law, so they fold when they get the C&D.

    So you're free to make your own version of Risk or Tetris - but when you write up the rules, you have to use your own words to describe them - you can't just cut-n-pasta the original rules. The rules aren't protected - only their physical expression is (font, layout, artwork).

    People are surprised that there's no copyright to a game name or movie title - but that's why you can see 3-4 movies with the same name and different decades at IMDB, and there's no copyright infringement.

    --
    Let's call it what it is, Anti-Social Media.
  15. Other Finnish ISP's not blocking either by cbope · · Score: 2

    I'm on another equally large Finnish ISP (Sonera), and there is no blockage of TPB. I've not heard of any ISP's here blocking content, other than the failed attempt at a black list for child porn sites a few years ago.

  16. Wow, Elisa? Really? by blind+biker · · Score: 2

    Elisa has been one of the less benevolent companies here in Finland. Of all the telcos/providers, I'd have thought that they would fold the fastest to the demands of Big Media. But no, they did not!? WTF, if Elisa stands its ground, I am pretty sure all other telcos/providers will, too.

    As disgusted as I feel for saying this, I still must: well done Elisa, you make me proud for being a Finn.

    --
    "The agriculture ministry is not in charge of Gundam" - Japanese ministry official.
    1. Re:Wow, Elisa? Really? by treeves · · Score: 3, Insightful

      Elisa says, "How does that make you feel?"

      --
      ...the future crusty old bastards are already drinking the Kool-Aid.
  17. Re:reasonable by brit74 · · Score: 2

    You can call it a thin defense but it's been strong enough that it's still running...
    No, it IS a thin defense, especially in light of their nasty-grams back to companies asking them to remove pirated content, even while the Pirate Bay removes child porn. It's a totally disingenuous "We have no control over the content! Unless we don't like it, then we'll do stuff. Did you blink? Because we just sent an email to the copyright owner telling them to go fuck themselves (thus proving what our intentions are), and now we suddenly don't have control anymore!"

  18. The ISP view by GC · · Score: 2

    As someone who has worked for an ISP this comes as no surprise.

    At the end of the day we know what the customers want - they want free films, free music and pirated software. The Pirate Bay provides the means to locate such stuff.

    While the most prolific users are a problem, ISPs provide access to this medium - if we block the P2P sharing sites then our customers will go elsewhere, and in a market which is highly competitive we cannot afford to lose such a large section of our market.

  19. Where are you from, can I move to that nirvana? by IBitOBear · · Score: 2

    I got no (practical) options for my broadband here just 10 miles outside of Seattle WA.

    What is this "competition" thing I keep hearing about? Where do I go to get _that_?

    Maybe it's something they have in free countries, but I live in the U.S.A. where all the meaningful markets are closed, and most of the menaingless ones are soon tto follow under the boot-heels of NPEs.

    --
    Innocent people shouldn't be forced to pay for inferior software development.
    --"Code Complete" Microsoft Press