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BT Ordered To Block Usenet Binaries Index

First time accepted submitter eyeoftheidol writes "A judge in the UK has ordered the ISP BT to block access to filesharing site Newzbin2 within 14 days. From the article: 'Wednesday's court order also allows for the blocking of any other IP or internet address that the operators of the Newzbin2 site might look to use to continue to offer copyrighted content to users. In addition the court said BT must foot the bill for the cost of implementing the web block on Newzbin2.'"

36 of 308 comments (clear)

  1. And next.. by clownface · · Score: 2

    Newzbin3!

    1. Re:And next.. by P-niiice · · Score: 3, Informative

      They already have a workaround in place.

    2. Re:And next.. by Richard_at_work · · Score: 2

      Simply making a "Newzbin3" website could be trivially argued as falling under the Judges comment "Furthermore, I do not consider that the studios should be obliged to return to court for an order in respect of every single IP address or URL that the operators of Newzbin2 may use,", so it would be quickly blocked. Newzbin3 would have to show significant evidence that they have no relation to Newzbin2 in order to not be blocked.

    3. Re:And next.. by durrr · · Score: 3, Interesting

      What they should do instead is spread some small-sized copyrighted content(or parts of larger works) in Base64 on every single website that allows posting of comments/text and to report this terrible infrignment to both the judge, studios and BT. So that if BT actually complies with the demands they end up blocking 90% of the internet.

    4. Re:And next.. by residieu · · Score: 2

      But will BT be required to develop some means of identifying Newzbin3 and blocking it when it shows up? Or can they wait for the studios to come tell them about Newzbin3 and then block it. If BT needs to get into the Newzbin hunting business to prevent liability, the studios should be paying them to do it. If it's just blocking known domains/IP numbers, that should be simple.

    5. Re:And next.. by cavreader · · Score: 3, Insightful

      " stopping terrorist acts by searching people before boarding planes" When it comes to terrorist attacks the fear is not so much about the attack itself it is about who gets blamed for letting the attack succeed in the first place. We never blame the actual terrorists anymore we only blame those who didn't prevent the attack from succeeding. I have not heard of anyone filling lawsuits against Al-Qaeda or any of it's brethren. Instead the airlines get sued and any government official (local or national) any where in the vicinity gets hammered for incompetence.

    6. Re:And next.. by gnasher719 · · Score: 2

      I'm sorry, but judges are stupid, otherwise they wouldn't make decisions like these, and if they were intolerant of asses they wouldn't stand themself. But I guess you think they are the voice of God and we should just lay down and spread our buttcheeks for them.

      What makes you think you are half as intelligent as the average judge? The average judge managed to finish school, finish university, land a well paying job, and move out of their mother's home. Which of these did you achieve?

    7. Re:And next.. by Alamais · · Score: 2

      Judges aren't stupid, but most of them are egotistical, narcissistic assholes with a touch of sociopath, just like most lawyers (see also: politicians, most drawn from the same source pool). Who else wants the job? The Clint Webb sketch really is one of WKUK's most insightful: the kind of person who wants a job that determines the fate of others isn't really the sort of person you want doing that job, but it seems the best we can do is go with it and do our best to remove the worst of the bunch, and control/satisfy/placate the remainder.

      And before you ask, I've done all of the above, Mr. Ad Hominem.

  2. Totally insane! by aglider · · Score: 2

    How to block "any other IP or internet address operators of the Newzbin2 site might look to use to continue to offer copyrighted content to users" ?
    What if they change name? Or country? Or whatever?
    Do that judge understand the meaning of this sentence?
    And is it possible in the UK to head a bill in the name of someone because of a judge rule?
    I definitely this is totally insane, unless this is another case of british humour!

    --
    Sent as ripples into the electromagnetic field. No single photon has been harmed in the process.
    1. Re:Totally insane! by sosume · · Score: 4, Interesting

      "any other IP or internet address operators of the Newzbin2 site might look to use to continue to offer "

      I'd say that covers the full 0.0.0.0/32 block. therefore, BT must terminate its ISP business.

    2. Re:Totally insane! by DarkOx · · Score: 4, Insightful

      I think you mean 0.0.0.0/0 as 0.0.0.0/32 would mean only the address 0 to most of us. I agree with you though considering almost any other address *might* get used to tunnel traffic or host news they must stop permitting access to the Internet.

      --
      Repeal the 17th Amendment TODAY! Also Please Read http://www.gnu.org/philosophy/right-to-read.html
    3. Re:Totally insane! by LordLimecat · · Score: 2

      Ok, I get that "protecting IP" == "shady, evil business" in the slashdot mindset. But are people SERIOUSLY arguing that, given the judge's position, he needs to issue a ruling devoid of common sense? Do you think, given the nature of the internet, that the courts should be able to be crippled and circumvented by a simple change in domain registration costing $8 a pop?

      Come on. You may dislike the judge's position, but arguing that he needs to act like a moron who doesnt understand the internet and the MO of sites like Pirate bay, etc ("the internet sees censorship as damage...", streisand effect, mirrored everywhere, etc) is silly. This is a judge who DOES understand the internet, and you just dont like his position-- at least be honest about it.

    4. Re:Totally insane! by icebraining · · Score: 2

      Strawman. I want a society where no one respects unjust laws.

      By that absolutist logic my country would still be dictatorship. After all, it was illegal to rebel!

    5. Re:Totally insane! by biodata · · Score: 2

      He didn't limit it to changes of domain name though. He has placed the responsibility on BT to be police, judge and jury in future. Let's say an imaginary property owner comes to BT with a domain name, and a claim that the operators of Newzbin2 are using this domain to provide information about other IP addresses where copyright-infringing material may be held. BT now has to investigate whether the domain is really being used by the operators of Newzbin2 (police work, if this is really a crime), and if so, whether it is being used to offer links to material that really does break copyright law (the job of the courts). Since when was BT part of the legal system? Their customers, do not pay them to decide who does or does not 'make use of' a particular domain name, nor do they pay BT to decide what material is or is not infringing someone's copyright. Their customers pay them to provide access to the internet.

      --
      Korma: Good
    6. Re:Totally insane! by DarkOx · · Score: 2

      No the judge should have issued the common sense ruling that, BT is not responsible for what someone else hosts on their server, that BT just routes IP packets from their clients to the Internet and back, and possibly provides some other services like mail and DNS. Now I can see if BT was hosting the news server we might say they have some obligation to police what people post there, but that is far as common sense takes it for me.

      The judge should have told the plaintiffs look "If you have problem with this news site then you need to find out who runs it and sue them, not BT".

      If the site is international and the host country won't do anything about it then yes the content cartel needs to get the legislatures to implement some nation wide Internet filtering, that is a legislative act, its not a judges place to legislate that ISPs need to start content filtering.

      --
      Repeal the 17th Amendment TODAY! Also Please Read http://www.gnu.org/philosophy/right-to-read.html
  3. Fight Club by DreadPiratePizz · · Score: 3, Insightful

    Looks like someone's been breaking the first two rules of Usenet!

  4. Blocks by Wowsers · · Score: 2

    Blocking a website is fairly trivial to get around. But if only BT were more interested in blocking all the spam phone calls they pretend they can't block.. because they make lots of money from these spamming phone calls. I can block an IP in hosts, or ads with browser plugins, but BT claim they can't block phone calls even thought THEY know the number. Hypocrites who are only after money.

    --
    Take Nobody's Word For It.
  5. Block access to highways by drunkahol · · Score: 2

    Because some people OR(speed, drive dangerously, fall asleep at the wheel, road rage, drive without insurance, drive without license).

    The list here is quite long. Very few people, in fact, never break any laws on the UK highways.

    Shame on the judge and/or law. Understanding the problem FAIL.

  6. Correction by TheDawgLives · · Score: 2
    "In addition the court said BT 's customers must foot the bill for the cost of implementing the web block on Newzbin2."

    There, I fixed it for you.

    --
    -TheDawgLives suckitdown
  7. This is it, then by Catbeller · · Score: 4, Insightful

    The end of the internet, as I used to prophesize on Slashdot over ten years ago. It will become cable TV and a wiretapped phone, along with the history of everything we access. And with IPV6, we will get assigned personal IPs - there will be enough for every amoeba on the planet to be tracked. And don't bother telling us about how we will hack around it- that will be an international felony, and they will show us what happens to people who think they're cute. Ask Kevin Mitnick or Assange.

    1. Re:This is it, then by Dunbal · · Score: 2

      It will become cable TV and a wiretapped phone, along with the history of everything we access.

      No, it will become a network of VPN's sharing encrypted traffic, and you will never find out about the good sites because you're not invited.

      --
      Seven puppies were harmed during the making of this post.
    2. Re:This is it, then by SuricouRaven · · Score: 2

      It'll become both. The internet will split - the controled, Disneyfied internet for the majority of people, all heavily policed, tracked and filtered. The internet of corporate governance. Then there will be the internet of the geeks, hidden in lower-level protocols and encryted connections, accessible only to those will the will and skill to find it.

    3. Re:This is it, then by AlXtreme · · Score: 4, Insightful

      Your use of future tense surprises me.

      --
      This sig is intentionally left blank
  8. Four bullet point overview and summary by Neil_Brown · · Score: 5, Informative

    Four bullet point overview:

    • 1.) BT must block access to the "Newzbin 2" website, including amending the blocking rules in effect to ensure blocking, when the studios notify it of a change of IP address and similar by Newzbin 2. (No further court order required for these changes)
    • 2.) The order extends to any downstream services which BT operates which incorporate CleanFeed. It does not apply to BT's access services and upstream divisions.
    • 3.) BT must pay the costs of the solution.
    • 4.) BT must pay the costs for defending itself in the case, since it was insufficiently neutral by virtue of opposing the order.

    Summary (with some of my opinions...):

    Background: In July, BT was injuncted to block access to the Newzbin 2 website, which had previously been held to infringe copyright. The decision today related solely to the order itself, and procedural / cost aspects.

    The order requires BT to block access to the Newzbin 2 website (including at any future addresses it uses, as notified by the studios to BT (para. 10)). It applies to any downstream services which BT provides which implement - whether as an option or not - BT's CleanFeed system, which allows certain traffic management and filtering capabilities. It does not apply to BT's access services and upstream divisions.

    The court heard arguments as to the differences (or similarities) between a Norwich Pharmacal order and an Art. 8(3) injunction (which is the mechanism here). Whilst Arnold J ruled in favour of the studios, that there are differences, he ruled that the "intermediary has not committed any legal wrong." (para. 30)

    BT was also found to be liable for the costs of implementing the solution. At para. 32, Arnold J held that: "BT is a commercial enterprise which makes a profit from the provision of the services which the operators and users of Newzbin2 use to infringe the Studios' copyright. As such, the costs of implementing the order can be regarded as a cost of carrying on that business."

    In effect, the cost of bearing the outcome of the injunction is the cost of the shield provisions of Arts. 12-14, 2000/31/EC. BT was also effectively penalised for defending itself, per para. 54, with the court holding that defending itself against an order such as this - the first of its kind in the UK - was insufficiently neutral. I struggle with this, as it would seem to hold that access providers are unable to defend themselves against threats such as this for fear of not being "neutral" on an issue which, unsurprisingly, is contentious for an ISP.

    The full wording of the order appears at the end the judgment (para. 56), in the following terms:

    "1. In respect of its customers to whose internet service the system known as Cleanfeed is applied whether optionally or otherwise, the Respondent shall within 14 days adopt the following technical means to block or attempt to block access by its customers to the website known as Newzbin2 currently accessible at www.newzbin.com, its domains and sub-domains and including payments.newzbin.com and any other IP address or URL whose sole or predominant purpose is to enable or facilitate access to the Newzbin2 website. The technical means to be adopted are:

    (i) IP address re-routing in respect of each and every IP address from which the said website operates and which is notified in writing to the Respondent by the Applicants or their agents; and

    (ii) DPI-based URL blocking utilising at least summary analysis in respect of each and every URL available at the said website and its domains and sub-domains and which is notified in writing to the Respondent by the Applicants or their agents.

    2. For the avoidance of doubt paragraph 1 is complied with if the Respondent uses the system known as Cleanfeed and does not require the Respondent to adopt DPI-based URL blocking utilising detailed analysis.

    3. The Respondent shall not be in breach of paragraph 1

    1. Re:Four bullet point overview and summary by cdrudge · · Score: 3, Interesting

      4.) BT must pay the costs for defending itself in the case, since it was insufficiently neutral by virtue of opposing the order.

      So if BT didn't defend itself, staying sufficiently neutral, they automatically would have been ruled against and had to implement it. From BT's point of view, they were fucked from the beginning. There was no way to oppose them having to do something AND remain neutral.

  9. Re:So BT eats the cost? by ciderbrew · · Score: 4, Insightful

    No. The book isn't a book. It's a list of books. It has not been taken. It is not even a copy. Well, are you making a copy of this by reading and clicking about.
    Ban Google please. That make lists of lists of lists.

  10. Re:The times are a-changing. by Mordok-DestroyerOfWo · · Score: 4, Insightful

    You know damn good and well their intent is to aid you in downloading stuff you would otherwise have to pay for, for free.

    To quote one of my favorite Simpson's lines, do they give the Nobel Prize out for attempted chemistry?

    --
    "Never let your sense of morals prevent you from doing what is right" - Salvor Hardin
  11. Re:The times are a-changing. by X0563511 · · Score: 2

    No, only the imaginary bits that go with it. The imaginary bits being the intent to facilitate copyright violation. We like to call those imaginary because in the context of legality and morality they DO in fact exist (regardless of your interpretation or perceived importance of them) however, when you sit down and look at it, the bits clearly do not exist in practicality. It's an interesting point of conflict between technical folk like us, and other people.

    --
    For large sets, this will be our guide even unto death, for the LORD will work for each type of data it is applied to...
  12. Re:So BT eats the cost? by gstoddart · · Score: 2

    No, if the crime is committed while they're walking across your driveway, then you have to pay the cost of sending the cops out to deal with it.

    And, in this case, ensure that if that particular thief never commits a crime on any other driveway.

    Essentially, BT is now responsible for anything NewzBin2 does on the internet -- which demonstrates that the judge in this case doesn't understand what is being demanded.

    "I do not consider that the Studios should be obliged to return to court for an order in respect of every single IP address or URL that the operators of Newzbin2 may use. In my view the wording proposed by the Studios strikes the appropriate balance."

    Translation: We the court feel that the Movie Studio's position that BT is now responsible for policing any and all activities by NewzBin2 ... and when they change their name, we will find that BT is still bound to protect this information and any related information. Now that we have established precedent, we will extend this to mean that the content you are now responsible to protect form these guys, you now have to protect from everybody else.

    BT now works for the movie studios as this will be indefinitely expanded. I believe that a British judge has just assigned control of the internet to the US movie studios.

    This is just plain stupid.

    --
    Lost at C:>. Found at C.
  13. Re:The times are a-changing. by betterunixthanunix · · Score: 3, Insightful

    Don't get me wrong, I like downloading copyrighted stuff for free as much as the next guy, but I find it peculiar that otherwise smart people try to argue that what The Pirate Bay or Newzbin or whoever is doing is just offering up "indexes" or "text files" or what have you. You know damn good and well their intent is to aid you in downloading stuff you would otherwise have to pay for, for free.

    So where do you think the line should be drawn? How many layers of linking or indexing are required before we stop considering it to be illegal? If I post a link to a TPB page, which links to a torrent, is that a crime? What if I post a link to that link?

    --
    Palm trees and 8
  14. Free Speech by alexgieg · · Score: 3, Interesting

    It'd be interesting for the sake of spicing things up if all these services, and the groups behind them, used "free speech" and similar terms as part of their names. The mainstream media would have a field day spreading news about an UK judge banning a site called "FreeSpeechNews" by "Team Combatants of Liberty", much more so at least than about him banning something as esoteric-sounding as "newzbin" by some guys who cal themselves dogs. Just imagine the headlines!

    Even pirates should lean the value of marketing. Use it for your own advantage. It might not be glamorous, but it's worth the effort.

    --
    Conservatism: (n.) love of the existing evils. Liberalism: (n.) desire to substitute new evils for the existing ones.
  15. Re:The times are a-changing. by harl · · Score: 2

    I prefer "too damn busy to park my ass in front of the tv at a fixed time" or "You're not reshowing that episode for 4 months? Fuck you I'm downloading it." over "pirate".

    --
    I find being offended by me offensive.
  16. Re:The times are a-changing. by poity · · Score: 2

    They give accolades to those who aid in a Nobel recipient's research, they also prosecute those who aid primary actors in a crime. GP was wrong to point out intent as the primary indicator of guilt in a crime -- it is not -- the result of one's actions determines guilt, whereas intent determines the severity of punishment. However, in your reply, it needs to be pointed out that intended good and attempted good are not the same both legally and logically, just as intended ill and attempted ill are not the same. Your followup is mostly non-sequitur in relation to GP's error of tying intent to guilt, and I only respond because you've been so highly modded Insightful.

    --
    your thin skin doesn't make me a troll
  17. Re:The times are a-changing. by westlake · · Score: 2

    To quote one of my favorite Simpson's lines, do they give the Nobel Prize out for attempted chemistry?

    They will put you in jail for an attempted crime.

    The failed experiment in crime.

    There is no better targert for satire than the guy who isn't aware he is the butt of the joke.

  18. Re:The times are a-changing. by harl · · Score: 2

    DVRs are fundamentally flawed. With a DVR I have to decide I want to watch something before it runs.

    With downloading I can decide afterward.

    Say you have dinner with a friend and they ask you if you watched some show you didn't know exists and them recommends it when they find out you know nothing about it. How does a DVR help you there?

    --
    I find being offended by me offensive.
  19. Re:The times are a-changing. by yacc143 · · Score: 2

    Hint, some cable services really insist that you use the settop box that they provided to you.
    (really insist => they encrypt not only premium channels, they encrypt free to receive over the air channels)

    And even if I'd be in an area where the cable provider do not encrypt free channels, that leaves the premium channels where you have to pay in effect per channel received (because the decoding smart card can be only in one device, and some smart cards are locked to do only one channel at the time no matter what).

    Last but not least, it's just way more convenient, I mean the torrents are fetched automatically from a RSS feed, scripts decide how long to keep the torrent seeding, scripts unpack and transcode the videos, moving them to the multimedia filesystem, where mediatomb serves them. Little manual work, beyond watching free space, and either deleting some torrents if it runs out or adding a new n-TB disc to the volume group as needed.

    Btw, Hulu is a pure US-only service, the rest of the world mostly has nothing comparable. And no premium channels do not come with on-demand service, and the general on-demand service does not carry all series.

    And no, it's not really fault of the cable provider, it's the producers that still to refuse to setup a common European licensing setup, and it's just a question of when they'll get spanked by the EU commission for that.