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Why the 'Six Strikes' Copyright Alert System Needs Antitrust Scrutiny

suraj.sun sends this quote from an op-ed at Ars Technica: "Eight months ago, content owners and Internet service providers agreed to the Copyright Alert System, a 'six-strike' plan to reduce copyright infringement by Internet users. Under the system, ISPs will soon send educational alerts, hijack browsers, and perhaps even slow/temporarily block the Internet service of users accused of online infringement (as identified by content owners). At the time it was announced, some speculated that the proposed system might not be legal under the antitrust laws. ... If I had to explain antitrust in a single word, it would not be 'competition' — it would be 'power.' The power to raise prices above a competitive level; the power to punish people who break your rules. Such power is something society usually vests in government. Antitrust law is in part concerned with private industry attempting to assert government-like power. ... The Copyright Alert System represents a raw exercise of concerted private power. Content owners as a group have control over their product. They have leveraged this control to forge this agreement with ISPs, who need to work with content owners in order to offer content to their own users. ISPs, in turn, have power over us as users."

159 comments

  1. In America by Anonymous Coward · · Score: 0

    Same lame outdated jokes

  2. Who cares if it's legal? by Anonymous Coward · · Score: 1, Insightful

    Let's be realistic, here. This is America. The telcos can do whatever the hell they want and get away with it.

    1. Re:Who cares if it's legal? by koan · · Score: 4, Insightful

      You know why that is? Because people like accept what happens and turn around to say "Let's be realistic, here. This is America. The telcos can do whatever the hell they want and get away with it."

      --
      "If any question why we died, Tell them because our fathers lied."
    2. Re:Who cares if it's legal? by Anonymous Coward · · Score: 0

      Damn it, that's not a koan. You got my hopes up, and then gave me that!

  3. any lists by Anonymous Coward · · Score: 0

    I saw a few major ISPs mentioned, anyone have a pointer to a list?
    Curious if Cox Communications is signed on to this.

    Any one large ISP that *doesn't* engage in anti-customer actions is
    sure to get a windfall of new signups.

    1. Re:any lists by Reverand+Dave · · Score: 1

      Are there any "fucking you out of your rights" agreements that Cox doesn't stand first in line to get?

      --
      I got here through a series of tubes
    2. Re:any lists by g0bshiTe · · Score: 4, Funny

      Why do you think they chose the name Cox?

      --
      I am Bennett Haselton! I am Bennett Haselton!
    3. Re:any lists by Moryath · · Score: 3, Informative

      Any one large ISP that *doesn't* engage in anti-customer actions is
      sure to get a windfall of new signups.

      Apparently you're new here. Over 90% of America has NO functional choice in ISPs. In the area I live in, we have Comcrap or AT&T and that's it. A few miles down the road it's Comcrap and Verizon FiOS, but no AT&T (their DSLAMs don't reach that far).

      Go a few miles out of town, you're lucky to have any choice at all, you'll likely have whatever cableco bought monopoly rights from the city council 30 years ago and that'll be it.

      There are some ISPs I've heard good things of. But they'll never serve my area, which is a problem.

    4. Re:any lists by Anonymous Coward · · Score: 0

      Pretty much all of them. AT&T holds all licences relating to "fucking your customers over for fun and/or profit". However, TimeWarner, Cox, Comcast, and Verizon all have cross licensing agreements.

    5. Re:any lists by dgatwood · · Score: 1

      As long as you're within range of DSL, Covad/Megapath/Speakeasy have been pretty good as far as I can tell. Then again, you pay for it.

      --

      Check out my sci-fi/humor trilogy at PatriotsBooks.

    6. Re:any lists by webheaded · · Score: 1

      Actually, Cox generally isn't first in line. I've had them as an ISP since I was like 14. They aren't perfect but they've always been pretty good guys about most things. They gave us free speed upgrades as they improved their networks over the years and they don't generally seem to find themselves at the top of lists like this. I don't see Cox throttling people, blocking BitTorrent, or engaging in some of the more disgusting practices I see other ISPs in (though I did see their custom search for invalid domains at some point...but then I am not using them for DNS anymore). I always keep a keen eye on that since I've always had them. They did go the way other ISPs did and hide bandwidth caps in their contract but I've never heard of them actually enforcing it before. I think you basically have to be a total jackass downloading TBs of data every month to get on their bad side because I download quite a bit.

      Maybe I'm missing stuff over the years but Cox actually seems to be pretty cool for the most part...at least in Arizona. I guess YMMV.

      They do irritate me with the port 80 and 25 blocking though. I don't buy the bullshit about how they're protecting their networks because it's clearly a ploy to get you to pay for their MUCH more expensive business internet. I understand that it's on a different network apparently, but that's bullshit. If I want to run a web server on the internet connection, why would you care? Hell, I'll sign an agreement that you can cut it off if you find zombies on my network. I paid for the connection and while I completely understand why you'd block it by default, I'm highly irritated that you basically want me to pay to have it unblocked. If I have the knowledge to ask you to unblock it, I think I should be trusted not to abuse it and if I do...just block it again. I'm not a child. I'm paying you money. Of course EVERY OTHER ISP does this...but that doesn't make it any less annoying.

      I wish that these god damn ISPs would just be the dumb pipe I want. I'm sick of playing around with bullshit like the subject of this article or the port blocking things I mentioned above. Give me my internet connection and then leave me the fuck alone.

      --
      "Those who would sacrifice essential liberties for a little temporary safety deserve neither liberty nor safety." - BenF
  4. This will work by cjb658 · · Score: 3, Funny

    Finally, the AAs will be able to do something to stop piracy!

    1. Re:This will work by Anonymous Coward · · Score: 0

      I, too, am glad that pirates are working on their addiction to grog.

    2. Re:This will work by Anonymous Coward · · Score: 0

      Finally, the AAs will be able to do something to stop piracy!

      My name is Anonymous Coward and I'm a Copyright Violator.
      (all together) Hi Anonymous Coward!

      Now what's this supposed to do again ? Ohhhhhhhhhhhh wrong AA. Never mind.

  5. Re:In Soviet Russia... by Kenja · · Score: 4, Funny

    That's one, you only have five left. Sincerely Yakov Smirnoff.

    --

    "Have you ever thought about just turning off the TV, sitting down with your kids, and hitting them?"
  6. This will work well.... by ai4px · · Score: 5, Insightful

    because it's not like a content provider every misidentified something like a bird song as it's own copyrighted material.

    1. Re:This will work well.... by X0563511 · · Score: 5, Interesting

      I recall an event on the Image-Line forum. One of the site admins (guys who make their software etc - content creation software) - was accused of "stealing" his own samples. Said content provider even "reviewed" the claims and rejected it... which was hilarious, because it was demonstrable that he created the damn things and gave permission for it's use in the work triggering the takedown.

      This shit is insane.

      --
      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...
    2. Re:This will work well.... by Anonymous Coward · · Score: 5, Insightful

      I recall an event on the Image-Line forum. One of the site admins (guys who make their software etc - content creation software) - was accused of "stealing" his own samples. Said content provider even "reviewed" the claims and rejected it... which was hilarious, because it was demonstrable that he created the damn things and gave permission for it's use in the work triggering the takedown.

      This shit is insane.

      It's not all about stopping piracy - you have to keep in mind they're basically glitzy headhunters. If there is no _need_ for a publishing agency they go out of business. If you can just go an be some kind of underground sensation, you not only risk them losing money over you giving your work away for free, but by diluting the amount of new media on the market - if you can make a profit on it in the process you have the added risk of becoming their competition - and the media is notorious (even making movies about it) for how ruthless they are - hell, the only truly evil corporations in America can almost always be classified in the healthcare, banking and publishing industries - and of the 3 they are the only group trading in both people and intangible assets.

    3. Re:This will work well.... by Anonymous Coward · · Score: 0

      You forgot arms dealing.

    4. Re:This will work well.... by AngryDeuce · · Score: 1

      Not to mention Oil Companies...

    5. Re:This will work well.... by jonwil · · Score: 1

      This is NOT about piracy.
      This is about old-guard publishers of content (movie studios, film distributors, TV production houses, TV networks and channels, cable companies, record companies, book publishers) trying to stop the biggest revolution in content publishing and distribution since Gutenberg invented the printing press.

      They know that the user-generated-content revolution is going to end their status as "gatekeepers" of the worlds content and take away their abillity to control how content is made and distributed and they will do whatever it takes to stop that from happening.

    6. Re:This will work well.... by X0563511 · · Score: 1

      This wasn't even user-generated content. This is stuff that costs hundreds of dollars... eg, the stuff professional producers (eg the people the RIAA etc contract for). That's what tickles me so much.

      --
      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...
  7. Strike Challenge? by Anonymous Coward · · Score: 5, Informative

    If I can't challenge any 'Strike' brought against me to a neutral 3rd party against the ISP, or the content owners themselves, the system is broken before it's even begun.

    When did cross-sector Corporations become so buddy-buddy to the point that these ISP's are willing to lose costumers to appease certain Industries?

    Anyone else smell conflict of interest, AntiTrust if you will, if ANY ISP or Telco owns, or is owned, by ANY media or content company? You can have contracts together out the wazzo. Those contracts however, shouldn't take priority over my ability to get a lawfully provided service. Wait! It's not a public service is it. It's a private service. Nevermind! Thanks a lot FCC, SEC, and FTC!

    1. Re:Strike Challenge? by luther349 · · Score: 2

      its broken before its out of the gate due to vpn and the fact as soon as some rich guy gets banned or whatever this idea will quickly get tossed.

    2. Re:Strike Challenge? by hoggoth · · Score: 3, Interesting

      No, as soon as some rich guy gets banned congress will force an exemption for members of congress and it will be business as usual for us plebes. Like the exemption for insider trading congress granted itself.

      --
      - For the complete works of Shakespeare: cat /dev/random (may take some time)
    3. Re:Strike Challenge? by thoughtlover · · Score: 1

      When did cross-sector Corporations become so buddy-buddy to the point that these ISP's are willing to lose costumers to appease certain Industries?

      Probably when The Powers That Be realized that peaceful revolution could be achieved via the internet. Seriously, when people boycott their ISP by terminating their service in protest, those very people have become disconnected with those still connected. A SOPA-style exodus from GoDaddy doesn't work the same way with ISPs because you disagree with their draconian policies.

      --
      No sig for you! Come back one year!
    4. Re:Strike Challenge? by Anonymous Coward · · Score: 0

      Remember... most pirates are kids anyway, so they probably can't afford a VPN out of their own pocket.

      On the other hand, there's still I2P and I guess it's going to happen the same thing that happened when HADOPI went into effect in France... huge influx of new I2P users.

      Escalation is a two-way street.

  8. Per? by Anonymous Coward · · Score: 0

    This is six strikes per day? Right?

  9. A problem easily fixed by Anonymous Coward · · Score: 1

    Just get all your friends to claim to be a content owner and submit take downs against everyone.
    The furor over the abuse should be enough to fix it quickly.
    Then the idiots, uh uh law makers, who passed the law will get a black eye and will consider the source when listening to presentations.

    1. Re:A problem easily fixed by Reverand+Dave · · Score: 1

      Righthaven, is that you?

      --
      I got here through a series of tubes
  10. Sue them till they bleed. by Anonymous Coward · · Score: 5, Insightful

    From the **AA's, who brought you lawsuits against the dead, comes this latest greatest solution to the problem of not wanting to adapt!
    We got a buncha companies owned by our buddies to sign onto a program to screw the consumer.
    Our super secret tech, which no one can be allowed to challenge or examine, is never wrong! Except that one time it identified the woman who didn't own a computer.

    This great plan will raise the prices for consumers, all to protect our "rights".
    The plan is 50/50 funded by the ISPs and the **AA's, both of which will just extract those costs from you by passing them on.
    The system lacks any real fairness, and even if you can prove we were high as a kite when we blamed you... it costs $35 to challenge us.

    The main goal of this system is to give us the powers of SOPA, without having to waste money on Congresscritters.
    Even ISPs who aren't part of this plan now, well we are going to apply pressure and make them cave in.
    We might not terminate your service, but it'll work just as well at 1 step above Dialup speeds.

    You might want to move to a different ISP, well fuck you we have monopolies in most areas of the country.
    Once this plan is moving along perfectly, we plan on adding a requirement for deep packet inspection... we want to make sure you can't "steal" a cent from us by even discussing the plots of our shows. Dare to quote the lyrics of a new song? We'll send you a bill.

    It might be time to look into ripping the public funds out of the ISPs, making them purchase the rights to have poles and wires. Remove their monopoly control over communities, and demand actual competition. This is a service provider deciding a 3rd party has a right to control how you use the service your paying for. If someone claimed they saw you speeding, would you expect the car maker to come and make your car slower based on that claim? But your ISP thinks its a great idea.

    Its time to get the FCC, FTC, and a bunch of other acronyms to get off their asses and protect the public from this massive overreach.

    1. Re:Sue them till they bleed. by Anonymous Coward · · Score: 0

      The main goal of this system is to give us the powers of SOPA, without having to waste money on Congresscritters.

      That is all sopa was a way of leveraging ISPs. They would much rather have this than have to deal with legislation. The risk of noncompliance is minimal if not nothing.

    2. Re:Sue them till they bleed. by Rude+Turnip · · Score: 4, Interesting

      Cut THEIR cables from YOUR property and throw them into the street. Let's play real capitalism. I have no relationship with Comcast and see no need for their wires to trespass on my property, although I will rent out the space for $1 million per month. I concede the need to have power lines cross over, because they provide a necessity, while cable service is a mere luxury.

    3. Re:Sue them till they bleed. by dgatwood · · Score: 4, Informative

      Thanks to statewide franchise laws, they have a right to run the cables through your property, and if you dig them up maliciously, they will sue you for the repair bill, and they will win.

      --

      Check out my sci-fi/humor trilogy at PatriotsBooks.

    4. Re:Sue them till they bleed. by Anonymous Coward · · Score: 0

      first, they have to give us service that's worth a shit
      before they threaten to take that away.

      they're already traffic shaping on Road Runner / Brighthouse in Michigan.

      meh

    5. Re:Sue them till they bleed. by Anonymous Coward · · Score: 0

      "Its time to get the FCC, FTC, and a bunch of other acronyms to get off their asses and protect the public from this massive overreach."

      Far better to remove the IP clause from the constitution. Far, far, far better. Government fucked this up. Government will not fix it.

      The world will not end for a lack of scripted entertainment with overpaid actors/directors/writers/distributors/networks/execs/advertisers. Rip the fucking bandaids off and just end the madness. End IP. Especially with patents, the big benefitors are lawyers and giant corp inc. If companies say they will take their ball and go home. Let them. The market opportunities that open up would be huge.

      They like to pretend that nobody will make something if there is no profit in it. However, if nobody made aspirin, I could make huge millions by being the sole provider. The truth is, anybody can make aspirin and they live off of moderate profits just fine. Hell, it is so cheap they could gross 50% and I wouldn't notice or care.

  11. How to make it interesting by MikeRT · · Score: 4, Insightful

    If you disconnect someone who is factually innocent, give them a right to sue for defamation where intent is irrelevant.

    1. Re:How to make it interesting by MightyMartian · · Score: 4, Insightful

      Except you're new user agreement will strip away the right to sue in favor of arbitration... thanks a lot SCOTUS.

      --
      The world's burning. Moped Jesus spotted on I50. Details at 11.
    2. Re:How to make it interesting by Anonymous Coward · · Score: 0

      That may be true of the ISP, but you can still sue the people who are making the accusations, mainly the MAFIAA. Not that you will have much chance but it is an option.

    3. Re:How to make it interesting by luther349 · · Score: 1

      if you don't agree with the arbiter. you can still sue. its just a extra step.

    4. Re:How to make it interesting by gl4ss · · Score: 1

      Except you're new user agreement will strip away the right to sue in favor of arbitration... thanks a lot SCOTUS.

      you can just sue.
      see the at&t shitcase, you can't actually force consumers into arbitration. if you could you'd have an eula on your fucking milk carton.

      --
      world was created 5 seconds before this post as it is.
    5. Re:How to make it interesting by russotto · · Score: 2

      if you don't agree with the arbiter. you can still sue. its just a extra step.

      Nope, you give up the right to appeal on substantive grounds. You can only appeal on procedural grounds.

    6. Re:How to make it interesting by aaaaaaargh! · · Score: 1

      Probably wouldn't help much.

      Consider this. In Europe almost all EULAs of software products are illegal and void. In theory, people could sue companies or ignore the EULAs and sue if the companies try to apply them, but in reality nobody does it. Who has the money and will to pay for a lawyer and risk year-long lawsuits only to get a $15 CD coupon and a pre-formulated apology with advertisement leaflet in the end?

      The right way to fix a broken system is to fix it, not to help lawyers get richer.

    7. Re:How to make it interesting by PPH · · Score: 1

      Probably not. The 'agreement' between the ISPs and RIAA is probably private. If an ISP is exposed to litigation , they'll probably have to take the position that they acted on their own.

      Much like certain groups practice of omertà, you get caught carrying out a contract, you go to prison quietly rather than turn in the leaders.

      --
      Have gnu, will travel.
  12. Great.... by crhylove · · Score: 1

    ...Yet another reason to log out of the US.

    --
    I hold very few opinions. I hold information based on observation and fact. If you wish to disagree, please use facts.
    1. Re:Great.... by Anonymous Coward · · Score: 0

      Best comment so far.

      The country is a digital warzone.

    2. Re:Great.... by luther349 · · Score: 1

      its not just the usa the war is all over the world its the people vs big media. its been raging sense the late 90s most country would have gone broke by now in a real war.

    3. Re:Great.... by rtb61 · · Score: 1

      The the real issue, it is normal people versus the psychopaths and narcissists of big media. That is the real battle space and the biggest targets of that space are the pseudo celebrities, big media money cows, manufactured to sell crap products.

      Advertising and marketing, the means by which big media earns it money, is the real lateral out of the box target. Cripple their ability to sell shit and you cripple their income and the power generated by that income.

      The largest single element of marketing ability is celebrity, public relations manufactured identities who sell lies and deceit. Strip those shit head celebrities of their manufactured identities, cripple their ability to sell crap and you cripple the income of big media.

      Every media identity could be considered an enemy of the people, all of them the narcissistic minions of corporations corrupting democracy, driven by insane psychopathic greed and lusts. Mock those celebrities, gut their identities, expose them a shallow pathetic worthless individuals, whose for profit identities were crafted by PR corporations to sell product. All of them, sports, movies, television, radio, music, all those bloated egos and identities crippled are bought crashing back down to nothing. Want to cripple the industry of lies and deceit then target is vulnerable public minions, the narcissists that are the public face required to generate profits.

      --
      Chaos - everything, everywhere, everywhen
  13. The really big problem by erroneus · · Score: 5, Insightful

    I think we have seen more than our share of false assertions of copyright by parties who professionally act "on behalf of copyright holders." They operate on assumption and without proof. These systems which do not require proof, but instead operate on "good faith" and "...under penalty of perjury" are rife with abuse.

    Current systems in place are experiencing an epidemic of abuse by rights holders at the expense of many innocents. The harm this kind of thing causes the many outweighs the convenience and consideration of the many.

    1. Re:The really big problem by Em+Adespoton · · Score: 1

      Current systems in place are experiencing an epidemic of abuse by rights holders at the expense of many innocents. The harm this kind of thing causes the many outweighs the convenience and consideration of the many.

      Untrue.

      Current systems in place are experiencing an epidemic of abuse by lawyers retained by organizations retained by rights-holding warehouse corporations at the expense of humanity, and many corporations. The harm this kind of thing causes the many outweighs the convenience and consideration of the many.

    2. Re:The really big problem by erroneus · · Score: 1

      Of course the greedy foot soliers are the ones taking the actions. But do you really think the rights holders are innocent and unaware? It all begins and ends with the big publishers. They are the ones who bought the politicians and the laws which make it all possible.

    3. Re:The really big problem by Em+Adespoton · · Score: 1

      I pointed this out because I am a rights holder. I do not retain a lawyer or have a publisher, however.
      For that matter, you are a rights holder too. Pretty much everyone who exists is a rights holder. Villifying rights holders isn't the way to go, neither is implying that only sociopathic corporations are rights holders; this just makes people think less about the rights they are forfeiting on a regular basis.

    4. Re:The really big problem by erroneus · · Score: 1

      I think there may be a nit or two in someone else's comments. Would you mind picking those for us? Thanks. Appreciate it.

    5. Re:The really big problem by Em+Adespoton · · Score: 1

      I don't tend to pick people's nits unless they are tied to misconceptions that cause loss of freedom if they're accepted as true.

  14. Re:Not really a trust (monopoly) by Anonymous Coward · · Score: 4, Interesting

    And when you've circled through all of them and found that each one does this in turn, what then?

  15. I don't understand. by Anonymous Coward · · Score: 0

    If I'm doing something wrong, then take me to court. Otherwise, shut the hell up and leave me the fuck alone.

  16. vpn anyone by luther349 · · Score: 2

    all this and any smart user will just use avpn or tor let them play with the packets all they whant.

  17. Re:Not really a trust (monopoly) by Anonymous Coward · · Score: 0

    Only 2 of those offer broadband in my area. When they're both part of the cartel, well, it is abuse of a monopoly.

  18. A question of values by Compaqt · · Score: 4, Insightful

    Somehow or another, the copyright MAFIAA has managed to hijack the public conversation such that the only value or goal of public telecom policy is to stop copyright violations.

    It's time to stop fighting defensive battles on "what's the best way to stop copyright violations".

    A better question is, "What should be the goal of telecom policy". My view: freer communication.

    Just as we accept that some people will die on the highways, but we don't shut them down. Some people may be offended by various speech, but we don't shut down the 1st amendment. Some people may get shot, but we don't abridge the right to bear arms.

    So, similarly, some copyright violations may occur, but we don't abridge the right to communicate. Also the 1st amendment amends the copyright clause.

    --
    I'm not a lawyer, but I play one on the Internet. Blog
    1. Re:A question of values by luther349 · · Score: 1

      maybe 20 years ago.

    2. Re:A question of values by cpu6502 · · Score: 5, Informative

      First Amendment does not alter the copyright clause in any singnificant way. See Eldred v. Ashcroft (SCOTUS case)

      Holding
      20-year retroactive extension of existing copyright terms did not violate the Copyright Clause or the First Amendment of the United States Constitution.

      "On January 15, 2003, the Court held the CTEA constitutional by a 7-2 decision. The majority opinion, written by Justice Ginsburg, relied heavily on the Copyright Acts of 1790, 1831, 1909, and 1976 as precedent for retroactive extensions. One of the arguments supporting the act was the life expectancy has significantly increased among the human population since the 18th century, and therefore copyright law needed extending as well.

      "However, the major argument for the act that carried over into the case was that the Constitution specified that Congress only needed to set time limits for copyright, the length of which was left to their discretion. Thus, as long as the limit is not "forever," any limit set by Congress can be deemed constitutional." - wikipedia.

      --
      My AC stalker: " I personally agree with your posts most of the time, but that won't keep me from modding you troll"
    3. Re:A question of values by Compaqt · · Score: 4, Insightful

      Yeah, if you go by the rule "the Constitution is whatever the Supreme Court says it is."

      But nothing says the people cannot discuss what the Constitution means. And then vote in Presidents and Senators who will appoint the Supreme Court justices that agree with the people's interpretation of the Constitution.

      So what I did was the first step in that process: advance an opinion. And I'd encourage anybody who cares about the right to communicate to propagate the notion that the 1st amendment amends the copyright clause.

      --
      I'm not a lawyer, but I play one on the Internet. Blog
    4. Re:A question of values by StikyPad · · Score: 2

      we accept that some people will die on the highways, but we don't shut them down.

      But we do take people off the road who kill other people.

      Some people may be offended by various speech, but we don't shut down the 1st amendment.

      But we do silence those who cause harm through their speech and hold them accountable for the damage they caused.

      Some people may get shot, but we don't abridge the right to bear arms.

      But we do take away the right to bear arms for the person who did the shooting.

      You've basically laid out a solid argument against a laissez-faire internet policy.

    5. Re:A question of values by Compaqt · · Score: 2

      Every movement must begin first with moral persuasion.

      If you think the MAFIAA has gone too far, you're ready for this:

      Coypright violates the 1st and 8th amendments
      http://c4sif.org/2011/11/copyright-is-unconstitutional/

      --
      I'm not a lawyer, but I play one on the Internet. Blog
    6. Re:A question of values by JesseMcDonald · · Score: 1

      First Amendment does not alter the copyright clause in any [significant] way. See Eldred v. Ashcroft (SCOTUS case)

      The SCOTUS cannot be considered an authoritative reference in cases involving their own parent organization (i.e. the federal government). That would be an obvious conflict of interest. They can act as an internal "watchdog" by ruling the actions of the federal government unconstitutional, but they cannot authoritatively declare any action constitutional in the positive sense. Only an impartial outsider or the legitimate principals (i.e. the People) can make that call. The SCOTUS ruling an action constitutional would amount to the government granting itself power, and that isn't how the system is designed to work.

      It's fairly obvious that there is a conflict between the idea of copyright and freedom of speech. In fact, this has been acknowledged before; it's how we ended up with "fair use"—a poor compromise which only addresses the most egregious limitations imposed by copyright on speech, when the actual amendment says "Congress shall make no law...abridging the freedom of speech". Any form of copyright abridges the freedom of speech. The text allows no scope for compromise.

      --
      "The state is that great fiction by which everyone tries to live at the expense of everyone else." - Bastiat
    7. Re:A question of values by cpu6502 · · Score: 1

      >>> Only an impartial outsider or the legitimate principals (i.e. the People)

      I would say the principals are the State Legislatures, same as over in the European Union. The States created the central contract known as the constitution (or Lisbon treaty) and more-importantly have the power & resources to nullify unconstitutional acts by the congress (whereas the people do not).

      --
      My AC stalker: " I personally agree with your posts most of the time, but that won't keep me from modding you troll"
    8. Re:A question of values by JesseMcDonald · · Score: 1

      Only an impartial outsider or the legitimate principals (i.e. the People)

      I would say the principals are the State Legislatures...

      Sure, if you want to get technical. Ultimately the authority still comes from the People, however; the States are just middlemen. The States have no powers or resources apart from the powers and resources of their citizens.

      --
      "The state is that great fiction by which everyone tries to live at the expense of everyone else." - Bastiat
  19. Do I get this right? by no-body · · Score: 1

    Seems to be equivalent that you get your drivers license suspended when you did not pay a private parking house fee - or some toll fee while driving on a toll-road owned by some foreign (?) company....

    Should be illegal - two unrelated entities colluding to coerce actions and cause harm.

    Do people have too much time and money available to think out those schemes?

    1. Re:Do I get this right? by Doctor_Jest · · Score: 3, Interesting

      Never underestimate the power of stupid people in groups. And never underestimate the size of the coffers controlled by the *AA's. Couple large volumes of cash with large volumes of malignant stupidity and you've got a recipe for an anal rape of gargantuan proportions. And since the *AA's now don't have to try to legislate this, you won't get any lube.

      My hunch is lots more VPN traffic, and lots more encryption for those who want to infringe. It makes me laugh when I think of all the trouble these idiots go to in order to stop something that costs them nothing in terms of losses, but immeasurable amounts of goodwill. I wonder if this new "system" will be the thing that makes Joe Sixpack sit up and say "wait, those nerds were right! I'm getting screwed here!" :) Here's to hoping the Great Unwashed have a threshold of tolerance.... and I just wonder if this (like SOPA/PIPA) is the tipping point.

      For those of us who don't consume their product any longer (unless it's used DVDs... I had to get Young Frankenstein on DVD... heh.), there is always the chuckles associated with fanatical devotion to a business model that's more outdated than buggy whips, wagon wheels, and 78rpm records combined.

      --
      It's the Stay-Puft Marshmallow Man.
    2. Re:Do I get this right? by MountainLogic · · Score: 2

      A better example might be if you fail to pay for parking at one parking lot, can other parking lots (different owners) black ball you? Can grocery stores join in on the blackball until I pay my parking bill? Can businesses form collaborations to blackball customers? What about in a restricted competition environment such as telecos? On the other side of this, should business be able to refuse to do business with you? If you ran a toy store would you want a convinced child molester in your store with families?

    3. Re:Do I get this right? by Anonymous Coward · · Score: 0

      The parking lot analogy falls apart when you look at necessity. You need to be able to park your car somewhere more than you need that new *INSERT TOP 40 BAND* album, or that copy of Assassin's Creed 3 that you thought had DRM too strict to warrant purchasing it.

    4. Re:Do I get this right? by Anonymous Coward · · Score: 0

      what do you think your credit score is? a private score, developed by private companies that share it with other private companies to inflate percentage rates.

    5. Re:Do I get this right? by icebraining · · Score: 1

      What about false positives, which are constantly happening with DMCA takedowns?

    6. Re:Do I get this right? by Anonymous Coward · · Score: 0

      Yup; which is the exact reason I'm against this six strikes system. I'm not big on bootlegging: that doesn't mean I have to be for whatever nonsense is used to stop it.

    7. Re:Do I get this right? by TFAFalcon · · Score: 1

      No. It's the equivalent of getting your driver's license suspended when they SAY you didn't pay one of their fees. No proof necessary, no complaint possible.

  20. Re:Not really a trust (monopoly) by cpu6502 · · Score: 0

    Only 2 broadband providers? Which ones? I imagine Cable and Dish are two of those. You can't get wireless through one of the cellphone companies?

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    My AC stalker: " I personally agree with your posts most of the time, but that won't keep me from modding you troll"
  21. Re:Not really a trust (monopoly) by Anonymous Coward · · Score: 0

    Lucky you. I have my choice of two ISPs that are both corrupt. If I want to switch, I have to move someplace with more options, which isn't an option for the time being.

  22. Always a way by Anonymous Coward · · Score: 1

    I'm opening my door, walking across the street, and "borrowing" DVD's with the neighbours teenage kid :)

    Just like in the good old days.

    -- I figure in any given year about 6-8 movies (worth watching) come out, just on my immediate block we are good for 20 years (assuming 8 strikes per household) :)

    1. Re:Always a way by Anonymous Coward · · Score: 0

      Careful. First the door won't work, then the path to your neighbor will be obstructed. Then, they'll break your fucking legs!

    2. Re:Always a way by cpu6502 · · Score: 1

      Good plan.

      Or just wait until the movies come to free TV on Saturday and Sunday afternoons. I've seen many new movies there, rather than through the net or DVD.

      --
      My AC stalker: " I personally agree with your posts most of the time, but that won't keep me from modding you troll"
    3. Re:Always a way by Anonymous Coward · · Score: 0

      I am already equipped to ensure I take a few of them down with me and will consider it my responsibility to do so. (Big difference between trying to prevent me from watching a movie and preventing me from leaving my house.)

  23. Re:Not really a trust (monopoly) by Githaron · · Score: 3, Insightful

    We only have one choice where I live.

  24. Re:Not really a trust (monopoly) by luther349 · · Score: 1

    heavy capped and slow wireless threw the same shady telcos that i would assume they would have you on some sort of list.

  25. Re:Not really a trust (monopoly) by Anonymous Coward · · Score: 0

    In my area I have to take TimeWarner. If I moved 10 minutes walk away, I only get Cablevision. There is no godamn competition here because the powers-that-be get to choose what internet provider my building has. Moving to satellite internet is not a reasonable alternative to the guy who gets to plug a wire to my building, ever.

  26. Re:Not really a trust (monopoly) by g0bshiTe · · Score: 1

    Not everyone has an array of sources to choose from. I have two choices, Cox Communications and Verizon. If for instance my ISP did this my only choice is going back to dial up, as I am unable to get Verizon service in my neighborhood.

    --
    I am Bennett Haselton! I am Bennett Haselton!
  27. Highly insightful comment in original article by Mike+Van+Pelt · · Score: 4, Insightful
    This ...

    If I had to explain antitrust in a single word, it would not be 'competition' -- it would be 'power.' The power to raise prices above a competitive level; the power to punish people who break your rules. Such power is something society usually vests in government. Antitrust law is in part concerned with private industry attempting to assert government-like power.

    ... deserves "+5 Insightful".

    1. Re:Highly insightful comment in original article by Anonymous Coward · · Score: 0

      I have a pet theory that power imbalance is responsible for a lot of the world's ills, and the eventual destruction of every political system. Throughout history, things always seem to happen like this:

      1) Start with a stable society
      2) A small percentage of society gains excessive, unchecked power over the rest
      3) The only way to unseat the powerful minority is to allow another group to accumulate power even faster
      4) The original group in power is unseated
      5) Power corrupts the new group, and they soon become even worse than the original group (e.g. Praetorian Guard, Reign of Terror)
      6) Repeat steps 3 and 5, until the whole political system crashes and/or falls to a revolution (plus lots of bloodshed and general misery, with the outcome of returning either to Step 1 or Step 2)

      In each step, as the power distribution in society increases in inequality, the stress on the average citizen increases correspondingly, with the majority of the stress being distributed to the lower end of society. Thus, living conditions can be effectively unbearable for a segment of society without leading to the collapse of the larger system. When citizen stress exceeds a critical threshold for a sufficiently large percentage of the populace, encompassing a sizable fraction of the educated middle class in addition to the lower class (see Tunisia), the result is step 6.

      In clinical terms, that small, powerful group is most analogous to cancer: Easily treated when small, but left unchecked, will eventually lead to the destruction of the entire system. It can be treated, but requires a system that is both capable and willing to do so. In a society where the unchecked acquisiton of power over others is a virtue, the system will eventually self-destruct at the hands of its own power-seeking elements.

      Bringing that idea back to the story at hand, this behaviour is consistent with step 2, where a small group gains unchecked power over the rest of society. While not strictly a necessity in the same way food or water is, free access to information has become an integral part of modern life, and the ability to selectively deny its access to specific groups is an expression of power wielded by the few against the many. This will only serve to increase the inequality of power distribution, particularly as many services have migrated online, and denying internet access is to deny access to those services as well.

  28. Re:Not really a trust (monopoly) by Anonymous Coward · · Score: 1, Informative

    No. It's collusion. Normally, if every business gets together and says "we're not going to compete on this", it is very much illegal. Unfortunately, this time, it has the Obama administration's blessing. Let's just hope that the GOP knee-jerk reaction kicks in and they manage to stop Obama with crazy claims, like:

    Comcast detention centers for people who didn't watch "community"
    Government takeover of entertainment media
    Media monitoring and censorship

    or

    Socialized internet

    Come on, GOP. I know we've had our differences in the past, but can you point some of that craziness in a useful direction for once?

  29. bullies bullying their way into public domain by elloGov · · Score: 1

    The idea is inherent to corruption. Omnipotent powers granted to a select special group are bound to be abused. World is/has changing/changed. Public domain is what it is, PUBLIC. If the antiquated bureaucrat fat cats are that concerned with keeping status-quo of making millions off of someone else s creative efforts, they ought to not digitize their content. This is plain and simple bullies bullying their way into governing the public domain.

  30. Re:In Soviet Russia... by Anonymous Coward · · Score: 0

    Appearently, in Soviet Russia your reposts of a single meme are limited.

  31. Apple Amazon taken down? by MountainLogic · · Score: 1

    OK, even if a content provider such as Apple or Amazon intends to follow the rules they are sure to unintentionally distribute content they do not have the rights to. What are the chances they will be hit? I didn't think so

    1. Re:Apple Amazon taken down? by thoughtlover · · Score: 1
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      No sig for you! Come back one year!
  32. Re:In Soviet Russia... by Ambiguous+Coward · · Score: 1

    In Soviet Russia, meme reposts you.

    --
    Their may be a grammatical error, misspeling, or evn a typo in this post.
  33. Re:Not really a trust (monopoly) by billcopc · · Score: 5, Insightful

    And when you've gotten booted off of every single ISP, they will use that data to lobby for even worse Big Brother legislation to monitor every single communication. The antitrust label is very apt here, because the copyright lobby is basically arguing that their profits are more important than human rights and freedoms, so important that the whole world must bow to their demands.

    All I want to say is "Or else WHAT?"

    It is truly shameful that what we consider a democratic political system is so nearsighted that it can be trivially manipulated by valueless profiteers. They don't even have an actual product, they're only selling contrived litigation.

    --
    -Billco, Fnarg.com
  34. Re:Not really a trust (monopoly) by cpu6502 · · Score: 2

    Yeah the Cellular internet caps are ridiculous. I can't believe I actually get more data/month through my dialup line (~12 gigabytes) than through most cellphone providers (3 GB).

    Ideally you would want a cell company that lets you use continue using the service, even after it has been slowed down to 128k.

    --
    My AC stalker: " I personally agree with your posts most of the time, but that won't keep me from modding you troll"
  35. Re:Not really a trust (monopoly) by Anonymous Coward · · Score: 5, Informative

    First, Verizon, Comcast, AT&T, Cablevision, and Time Warner Cable have already signed on to the program.

    Second, Comcast is a cable/internet company while Sprint, VirginMobile and Cingular are cell phone companies (with a data plan), so they're not exactly equivalent (and yes, Verizon and AT&T are both).

    Third, it doesn't have to be a monopoly to be illegal. A group of companies that dominate a market is called a oligopoly. And when they all agree to manipulate prices, restrict supply or implement other restrictions on the market it's called collusion and it's just as illegal as if one company does it.

  36. Re:In police state USA... by denis-The-menace · · Score: 3, Insightful

    The Corporations control/buys the government which controls you.

    --
    Obama's legacy: (N)othing (S)ecure (A)nywhere and (T)error (S)imulation (A)dministration
  37. Re:Not really a trust (monopoly) by PenquinCoder · · Score: 1

    Lucky you, I have my 'choice' of one 'broadband' provider, and NO dial-up ISP. You have three options in my location. Charter, Hughes-net, or nothing. I fucking hate this monopolistic bullshit attitude these companies have. $50 a month for a 2meg down, .3 meg up line.

  38. The real problem is copyright itsel by fiatpirate · · Score: 5, Insightful

    Let's kill off the beast once and for all and eliminate most forms of intellectual property. The copyright term was so long originally because of slow distribution and printing channels. Now we have high speed internet (until they take it) and fast printing of media. If anything, copyright should be reduced to ten years and nothing more. Once copyright is reduced to a short term, the **AA's of the world will be forced to continually innovate and compete (which was ironically the original purpose of copyright).

    1. Re:The real problem is copyright itsel by Em+Adespoton · · Score: 1

      Once copyright is reduced to a short term, the **AA's of the world will be forced to continually innovate and compete (which was ironically the original purpose of copyright).

      Unfortunately, they won't be forced to do this. They will instead re-mix everything they can get their hands on that is out of copyright, a la Disney. They will then increase their advertising budgets and the rates they charge for their products, as they no longer have protection.

      End result? They need to spend a bit more money, end up making even more money, the public domain gets swamped with more contentless drivel, and the consumer gets screwed, as usual.

  39. the biggest problem is False Positives by RobertLTux · · Score: 2

    Okay so you get tagged for a violation

    1 is the tag "correct"? (did you actually download/distribute/ect a "covered" file)
    2 Is the File in fact freely distributable??
    3 if they later find out you are in fact not guilty will they "untag" you??
    4 what about offline channels??
    5 exactly how not guilty are THEY??

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    Any person using FTFY or editing my postings agrees to a US$50.00 charge
  40. In Germany the ISPs consider that illegal by prefec2 · · Score: 2

    Recently, the German ministry for commerce, the ISPs and the content industry tried to negotiate a two strikes approach. The ISPs commissioned a report to evaluate if such agreement would be legal. The report states that such agreement would be unconstituional. And it would not make any difference if the commerical partners made an agreement or the state would make a law. The ministry of commerce thinks differently. However, the ministry of justice has similar doubts. As the report sees a direct violation of basic human rights in such an agreement, I wonder why such thing should be legal in the US. Even if European often think the US is some kind of banana republic, it is not true (at least not more true than for Europe as well). And basic consitutional things cannot be violated.

    But maybe I am totally wrong with my assumption about the US. How would your legal system react to such an agreement or law?

    1. Re:In Germany the ISPs consider that illegal by Anonymous Coward · · Score: 0

      The US courts and legal system do have the concept of rights. There is the concept that laws abridging rights are unconstitutional.
      But while European courts have mentioned "internet connection" and "human rights" in the same ruling, I haven't heard of any case where US courts have come close to stating that connectivity is a right.

      If communication/data connectivity isn't a right, then there is no constitutional problem with limiting or denying someone access.

    2. Re:In Germany the ISPs consider that illegal by Jedi+Alec · · Score: 1

      If one compares the amounts of money being thrown around during election season, then yes, compared to the US the EU is a bunch of small children playing at politics when it comes to corruption.

      The big difference is that effectively corruption has been legalized/formalized in the US and corporations have been transformed into some sort of super-citizens that have all the rights (and then some) but almost none of the obligations of a regular citizen.

      Stephen Colbert has done an excellent job taking the whole SuperPAC business to its logical extremes to show just how silly it is. Unfortunately the kind of people that think Colbert has a point are pinko commie socialists hellbent on desecrating the graves of the Founding Fathers anyway.

      --

      People replying to my sig annoy me. That's why I change it all the time.
  41. New method of DOS... by Anonymous Coward · · Score: 0

    Anyone else guess that once it's figured out how to trigger a strike, that small virii/trojans/whatever will make use of this as a method of Denial of service, and ransom, EG call this number to get service back. Many popular books can be compressed into very small files.

  42. "Private Power"? by Anonymous Coward · · Score: 0

    Yeah, it's pure private power; no government at all.

    It's not as if these companies had, like, regional monopolies, or anything.

    It's not as if these companies have a government agency charged with their oversight, like the FCC or anything.

    Pure private power.

  43. Re:Not really a trust (monopoly) by cpu6502 · · Score: 1

    (Score:0, Flamebait)

    Thanks. It is not flamebait to state outloud what the Courts will likely decide (that customers like me have multiple choices == not a trust). Of course they could make the argument it's a cartel, as they did with the CD cartel (colluding to fix prices high). But that's a different issue.

    --
    My AC stalker: " I personally agree with your posts most of the time, but that won't keep me from modding you troll"
  44. Collusion by Anonymous Coward · · Score: 0

    My immediate reaction to hearing about all the ISPs working together to implement a unified plan is that it smacks of collusion. No?

  45. false positives by Mozai · · Score: 5, Insightful

    We've already had people get slapped for birdsong as copyrighted work. An acquaintance of mine is already wrestling with YouTube because he recorded classical music on his guitar, and he's getting slapped because someone else identified it as a copy of their recording, and YouTube has already jammed advertisements into his video to compensate the accuser, as if he already agreed to a plea-bargain.

    Too many false positives, and it costs much less for the people who are already wealthy to make false claims than it does for private citizens to defend themselves against the false claims. This stinks to high heaven.

    1. Re:false positives by Vitriol+Angst · · Score: 1

      "Too many false positives, and it costs much less for the people who are already wealthy to make false claims than it does for private citizens to defend themselves against the false claims. This stinks to high heaven."

      Well, it sounds like this is all FUBAR.

      The Copyright Kings love it when a failed plan comes together.

      --
      >>"ad space available -- low rates!!!"
    2. Re:false positives by Anonymous Coward · · Score: 0

      My spouse works on media recognition. There are many false positives. Most of these things are just a bunch of hashes. Collisions happen.

      It's impossible to do this system. You can't go by filename or fingerprint and know for sure something is a copyrighted work. Plus what if it's a small clip covered under fair use? It's just nuts.

    3. Re:false positives by T+Murphy · · Score: 1

      To be fair, the birdsong example isn't a problem with this six strike approach, as the company that flagged it did correct the issue (and even posted comments to the slashdot story). As you get several warnings that have no real repercussion, that would give you a chance to refute false positives.

      That said, I have no reason to believe that this proposed rule will give you a proper means to refute strikes against you.

  46. Re:Not really a trust (monopoly) by Anonymous Coward · · Score: 0

    What a crock of shit. No, dumbass, businesses getting together and saying 'we're not going to compete on this' is most certainly NOT illegal. Ever hear of things like 'standards'? What the hell do you think they are other than agreement not to compete.

    There are a very few things which businesses are not allowed to collude on. The major one is price. 'Providing products and services I want' is most certainly not one of them.

  47. LOL by Anonymous Coward · · Score: 0

    the fact that you get to post at +2 is a sad commentary on the whole /. moderation system

  48. Re:In police state USA... by Anonymous Coward · · Score: 0

    Oh I get it. Fascist = Republican by your definition. I am guessing anyone who doesn't agree with you is also a "fascist".

  49. its called gang bang...... by 3seas · · Score: 1

    So what happens to those who make claims that do not pan out? Do they then reimburse the party they lied about as easy as they made the false complaint and fairly?

    Of course not, and therefor it is anti-trust violation.
    The real solution is to just kill everyone off and that way no one will infringe... fuck sales and free advertising...

  50. Re:Not really a trust (monopoly) by thoughtlover · · Score: 2

    Oh, that's ripe.. I don't know where you live, but where I do, I have access to one.. maybe two ISPs. However, as I understand it, you wouldn't be able to do that because ISPs would share a blacklist of violators, thus reducing the ability to switch to another provider.

    --
    No sig for you! Come back one year!
  51. Second Circuit might be wrong by Anonymous Coward · · Score: 0

    The article says:

      "For example, he cited a 2000 opinion by the United States Court of Appeals for the Second Circuit, which stated that "no one but a copyright violator can gain by denying to copyright holders the right to engage in cooperative efforts to enforce their copyrights against a common infringer." "

    Perhaps the Second Circuit got it wrong.
          Seems like someone wrongly accused of copyright violation would also stand to gain by denying this particular plan.

    Which is partly why the rules which the copyrights holders find so pesky are there.

  52. Hello. by Anonymous Coward · · Score: 0

    I would like to purchase your milk carton. For research.

  53. Privacy and municipal monopoly Controls by hemo_jr · · Score: 1

    There are some major privacy issues here. To determine what you are downloading, the ISPs will need to look at it. Passwords, financial records, email all seem to be at risk.

    Also, the ISPs involved appear to consist of cable tv franchises. And those are subject to local municipality controls. I doubt if the RIAA and MPAA can bribe all the local politicians in the US. So I would think that enforcing these kinds of controls would be something that municipalities could fight locally by threatening to revoke the franchise monopolies for the cable companies who try to enforce these draconian measures.

    I suggest that people start looking into local government and seeing if they can hit these conglomerates where it hurts.

    1. Re:Privacy and municipal monopoly Controls by nurb432 · · Score: 1

      Your privacy has always been at risk. They don't have to operate under the same rules as the government. The EULA would allow them to monitor data..

      Encryption is the key here, dont trust them.

      --
      ---- Booth was a patriot ----
    2. Re:Privacy and municipal monopoly Controls by BlueStrat · · Score: 1

      Encryption is the key here, dont trust them.

      Of course, you know that the next step will be to only allow encrypted connections and VPNs to white-listed addresses/domains, right?

      After all, we *must* be protected from terrorism, child-porn, and file-sharing, and especially against individuals having the ability to promote themselves and share their music/video/news/software/inventions/ideologies all unrestricted, without going through "proper" corporate & government/political channels and filters, so as to restrict/halt the spread of "dangerous" ideas, identify the individuals responsible and imprison/kill them, while also maintaining/extending control over media/content/entertainment/news distribution, and extract wealth.

      What would the world come to if people could exchange ideas freely? Corporations would fall!! Governments would be changed!! It's already happened to some extent. They (corporations and governments) see this as an existential threat to their continued existence and accustomed lifestyle.

      There *will* be blood shed over these issues before all is said & done. Governments and corporations will not go quietly into the night, and they view a free and open internet as one of the greatest threats they've ever known. When push comes to shove, they will be (and have been) ruthless. They will not play by any rules, laws, or set of morals once the gloves come off.

      Strat

      --
      Progressivism (aka US 'Liberalism'): Ideas so good they need a police/surveillance-state to enforce.
  54. What an amazing interpretation of antitrust law! by John+Hasler · · Score: 1

    n/t

    --
    Warning: this article may contain humor, sarcasm, parody, and perhaps even irony. Read at your own risk.
  55. Re:In police state USA... by PopeRatzo · · Score: 5, Interesting

    The Corporations control/buys the government which controls you.

    That's right. Our legislators are all about preserving and honoring the founding documents, the Constitution and the Declaration of Independence.

    Unless money is involved, and then it's "because I said so".

    Do you know that the big brains at American Legislative Exchange Council have put forth sample legislation that would make it illegal to promote a boycott of any business? To create new protections for corporations in regard to negative speech? In effect extending the libel laws to protect corporations, who are in their eyes "super-people" and thus must be protected from anyone saying, "Hell, AT&T is screwing their customers. Don't use AT&T."

    They say it's only "brainstorming", the same way it was "brainstorming" to pass laws preventing students from voting in states where they go to university. Oh, that reminds me: Wisconsin republicans have passed a bill saying a photo ID from a state-run university is not sufficient photo identification to vote, and they've moved all of the early voting sites, which by law are required to be wherever there is dense population, as far away from college campuses as possible. They've also closed almost all of the offices where it's possible to get a stateID in poor or working class neighborhoods and moved them to the suburbs, safely away from any public transportation.

    Corporations want to make it illegal for you not to buy their stuff whether or not you happen to want it. And they want to make it illegal to complain and impossible to vote pro-corporate politicians out of office. Corporate super-PAC money is dwarfing any money being spent by actual campaigns this year. It's like 15 to 1 already and we're barely into the real political advertising season. We are so fucked.

    --
    You are welcome on my lawn.
  56. Nobody saw this coming,... by Vitriol+Angst · · Score: 1

    ... am-i-right?

    NOBODY on Slashdot could have predicted that this would be abused and misinterpreted.

    --
    >>"ad space available -- low rates!!!"
  57. Re:Not really a trust (monopoly) by Anonymous Coward · · Score: 0

    If their purpose is to force an inferior product on the market, then it isn't "standards". They may try to use that to excuse their behavior, but it still isn't standards.

  58. Power and credit rating by thoughtlover · · Score: 1

    If I had to explain antitrust in a single word, it would not be 'competition' — it would be 'power.' The power to raise prices above a competitive level; the power to punish people who break your rules.

    So, would this be comparable to people being charged more for their utilities (in Texas) because they have a poor credit score? Seems mighty unfair to be charged more for your insurance with a poor credit score, too. Insurance companies make the claim that poor credit scores indicate a potential risk. Such practices unfairly penalize the majority who lost a good credit rating with an unintended hospital stay or lost their house because they were laid off. Personally, I'd like to see the end of the current credit rating system, as its metrics aren't even understood by the masses, much less made available to the public-at-large.

    --
    No sig for you! Come back one year!
  59. Re:Not really a trust (monopoly) by Anonymous Coward · · Score: 0

    or to kill them...

  60. Re:In Soviet Russia... by PPH · · Score: 1

    In Soviet Russia, meme reposts you.

    You misspelled 'riposte'.

    --
    Have gnu, will travel.
  61. Re:In police state USA... by denis-The-menace · · Score: 4, Insightful

    Look it up.
    Fascist = when a Government and Corporations become "Friends With Benefits"

    In such a situation, the people can only watch with disgust.
    Just replace the goo with Money and Power and you get the picture.

    --
    Obama's legacy: (N)othing (S)ecure (A)nywhere and (T)error (S)imulation (A)dministration
  62. Re:Not really a trust (monopoly) by Anonymous Coward · · Score: 0

    Bingo. They need a +1 Wise moderation.

  63. Age of Corporate States by DanielRavenNest · · Score: 1

    Did you know that all 500 of the largest corporations worldwide by sales have a larger annual revenue than the entire United States did in 1800? ($14 B in today's dollars) They are big enough to be nations, so it should be no surprise they act like them.

  64. gaming anyone? by Anonymous Coward · · Score: 0

    Battlefield 3 shows up on my SNORT IDS as ShareMonkey P2P or something to that effect. I guess I should expect to get cut off.

  65. Re:Not really a trust (monopoly) by Anonymous Coward · · Score: 0

    That works until you get a false "strike" that can't be disputed for torrenting Linux distros or something.

  66. Re:In Soviet Russia... by Anonymous Coward · · Score: 0

    In Soviet Russia riposte misspells " Yu"

  67. Gaming anyone? by Anonymous Coward · · Score: 0

    BF3 shows up on my IDS as monkey share. Should all gamers expect to recieve threating letters from their ISP for playing a $60 game they just bought?

  68. Do Nothing by Anonymous Coward · · Score: 3, Insightful

    The MAFIAA cannot be defeated by any recourse to law or government regulation, they have long since purchased the souls of polititians, judges and lawyers. Indeed it now seems that the media industries are becoming a desirable "retirement gig" for polititians now that banking has become discredited.

    Understand that the MAFIAA exist to only one end, money and lots of it. They care nothing for the Constitution or the Law. They have no ideological or dogmatic agenda. They care only about money and to achieve it they have declared war on the people.

    However they may have made a serious mistake in their choice of battlefield, they have chosen politics and law, seeking to criminalise their customers and compel them to do business on the industry's terms by force (the only way that any law is ultimately enforced).

    In doing so they have forgotten that there are more powerful weapons and the most powerful weapon of all in any market is DEMAND. Simple ecconomics (and for a quick refresher in market ecconomics, go and watch a couple of Ebay listings) dictates that when there is no demand for a product or service its value tends to zero and continued supply of a costly but worthless product becomes a fast route to bankruptcy.

    It is not possible to win a war such as this by engaging a multitude of enemies simultaneously better to engage them one at a time and ensure total destruction before moving on to the next.

    Pick one enemy and do NOTHING!

    My strategic analysis is that the film industry is the weakest and least resilient enemy of the people.

    Not any random nothing, but a carefully considered and ruthlessly applied set of specific nothings:

    1. Spend NOTHING at the box office.
    2. Spend NOTHING on DVD and BLURAY.
    3. Spend NOTHING on PPV or cable movie chanels.
    4. Spend NOTHING on streaming movies.
    5. Spend NOTHING on movie merchandise.
    6. DO NOT DOWNLOAD - NOT EVEN IF IT IS FREE
    7. Do not watch films on TV (even if on a free to air non subscription chanel) - this cuts off advertising revenue.
    8. Save more money by cancelling chanels from your pay TV package (you know - the ones owned by the big studios).
    9. For added spite, click on their paid advertising links on every website you visit and buy NOTHING at the other end.

    That should eliminate 90% of their revenue while at the same time jacking up their advertising costs, however I have not done a detailed analysis - there are probably a few other revenue streams that could be cut in a similar way.

    How long?

    Depends how many of their target audience were to join in, spreading the word of "DO NOTHING" is a better way to directly crush the promoters of unconstitutional anti-internet law and punish those that have taken their money.

    They will be hurting in 30-60 days.
    They will be filing for Chapter 11 protection in under 90-180 days (how many $200m total losses can they stand?)
    Total bankruptcy will be achieved for the studios, and all major film industry suppliers in 12 to 18 months.

    The industry has only one thing of value - it's intellectual property (copyrights) by refusing to pay for it we render it worthless, the liquidators will not even be able to cover their own fees in an auction, particularly if other publishing type companies (think music and books publishers) are warned that ownership of film IP makes them a target.

    The various Occupy movements and DDOSing/Hacktivism have achieved nothing except to get people peppersprayed and beaten and arrested - effect on the 1%? Not much!

    The example of the Occupy movements is the reason for point 6 - if you download unlicensed copies of films, they will send their lawyers after you and once they start to get desperate they will pay their political friends to order the police to kick down your door - remember kids "downloading is theft" says so at the start of every DVD I own.

    To remain safe, obey the law and simply mind your own business while at the same time keeping your dollars in your own pocket for

  69. Re:In police state USA... by Anonymous Coward · · Score: 0

    Corporations want to make it illegal for you not to buy their stuff whether or not you happen to want it. And they want to make it illegal to complain and impossible to vote pro-corporate politicians out of office.

    Haven't heard about the Obamacare healthcare bill yet have you? It requires the purchase of a product weather you want to or not. Soon as it passes the SCOTUS that will have set the precident for the government telling you what you HAVE to spend money on or possibly face jail time.

  70. Re:In police state USA... by Anonymous Coward · · Score: 0

    http://www.webpronews.com/president-obama-doesnt-support-sopa-but-signs-acta-2012-01

    Other than the GOP stopped SOPA from becoming law while the DNC was still pushing PIPA in the Senate. And then there is Obama signing ACTA.

    So yea, if you ignore reality and facts then the GOP is more facist than the DNC. You look at facts and suddenly it appears that the opposite is true.

  71. Re:In police state USA... by PopeRatzo · · Score: 4, Insightful

    Haven't heard about the Obamacare healthcare bill yet have you? It requires the purchase of a product weather you want to or not.

    Yes, a corporate product. How do you think it got passed? The Health Care Reform Act was the biggest giveaway to insurance companies, drug companies, health care conglomerates, right on down the line. It was the only way anything was ever going to change in the US health care system. Medicare Part D was just a dress rehearsal.

    Nothing gets done in Washington that doesn't put cash directly into the pockets of corporations.

    That was my goddamn point, you imbecile! And it was just a little taste compared to the siphon of money that's going to go into the coffers of the biggest corporations if the corporate takeover specialist gets to be president. Venture capital, my ass. I'll venture that a hell of a lot of capital that people have in their houses and bank accounts and sweat equity is going to flow straight to people just like would-be president Mitt. People with a sense of entitlement that would have made King Louis the XIV jealous. Whatever crumbs were left on the table after the mortgage/CDO scandal are going to be hoovered up. They're going to make sure that nobody in the bottom 99% is going to make a peep for the next three generations. They want you dumb working fucks to put your nose to the grindstone and keep your mouths shut just like their worker template: the Chinese factory worker. Glad to have a job. Won't make trouble or ask for bathroom breaks. Spends everything he gets at the company store. Born in debt, lives in debt, dies in debt. No chance to move up, no chance to make waves. Jesus Christ, it's like these bonehead ACs don't even read the comments before they start to reply.

    Back in the 50's, 60's 70's, the middle class was starting to really get a little political power. They had so much money in their little houses and their pensions and their savings accounts that it drove the economic elite crazy. Women with jobs. Blacks with jobs. They could not stand to see middle class workers, women, minorities, start to act like they owned something. Like they were something. They had to put them in their place and slap them down so hard that there would never be the danger of those little people thinking they had a voice again. Cue Ronald Reagan.

    And here we are.

    --
    You are welcome on my lawn.
  72. private power beats government power by Anonymous Coward · · Score: 0

    I don't like monopoly power either but the government is by definition a monopoly and they are by far the worst most expensive most boneheaded most dangerous and hardest to ignore fight restrain change or escape of the lot of them. The idea that any benign means of controlling any government, short of personal thermonuclear weapons with intercontinental and highly accurate delivery systems, is a pure fantasy.

  73. bring down the system from within by 0111+1110 · · Score: 1

    How about we come up with an application, something like what Make Love not Spam was for spammers, which is a screensaver that sends DMCA takedown notices at random regarding thousands of randomly generated IP addresses. If we could somehow find the IP addresses from some RIAA and MPAA executives or their attorneys that would be even better.

    But bringing down the whole system from within sounds like an interesting idea to me. Yeah, there would be a huge amount of collateral damage, but it would be worth it. Just imagine if even 50% of Americans lost their internet connection due to this deal. The political fallout would be massive.

    Another thing it could do is send DMCA notices to Google for nearly every major corporation in America or every single one that does not come out publicly against this new scheme. Can you imagine what would happen if all of the large commercial websites were removed from Google searches for 14 days at a time? The DMCA was intended for use against us, but maybe we can also use it against them.

    --
    Quite an experience to live in fear, isn't it? That's what it is to be a slave.
  74. Re:In police state USA... by denelson83 · · Score: 1

    Time for a Second American Revolution, I bet. Storm the vaults of the big corporations and take back what is rightfully yours.

  75. Re:Not really a trust (monopoly) by denelson83 · · Score: 1

    And when they all agree to manipulate prices, restrict supply or implement other restrictions on the market it's called collusion and it's just as illegal as if one company does it.

    It's also called a cartel.

  76. New (fleeting?) business opportunity by Mathinker · · Score: 1

    Once I have enough neighbors who have been "banned", I can start to sell them mesh-to-VPN connections to Europe.

    This will, of course, become illegal soon afterwards. (I'm not sure exactly how one would be caught if one does this properly, though --- perhaps there will be a big payoff to those who betray their providers?)

    1. Re:New (fleeting?) business opportunity by billcopc · · Score: 1

      You don't need a payoff. Some people will do it out of misplaced self-righteousness. They will use the same old false argument that "if you have nothing to hide, you have nothing to fear", and its equally flawed corollary "if you have something to hide, you must be a pedophile/murderer/terrorist".

      The day common people learn to think of themselves as a tiny part of a greater whole, is the day we'll stop coming up with new ways to single each other out for exclusion.

      --
      -Billco, Fnarg.com
  77. Re:In police state USA... by mjwx · · Score: 1

    Look it up.
    Fascist = when a Government and Corporations become "Friends With Benefits"

    To be more accurate, it's the merger of corporate and state power. "Friends with benefits" describes Nazism's relationship to industry better then classical Fascism does :)

    Or to use the old cow analogy,
    Fascism = You have two cows, the government takes both and sells you some milk.

    --
    Calling someone a "hater" only means you can not rationally rebut their argument.
  78. Why EULA's are "accepted" in the EU by Anonymous Coward · · Score: 0

    It's not. Basically. But if you refuse, you don't get your money back, you don't get what you bought either and to get a refund you have to sue in the small claims court.

    HOWEVER, until Steam and all that online activation (and keepalive signalling) stuff, there was no way to enforce the EULA.

    Now there is.

    It's been passed in case law in Germany once, but the EULA is NOT enforceable however, the ToS to use Blizzard's server was.

    Hence STEAM et al.

  79. Re:In police state USA... by Zeromous · · Score: 2

    And yet we continuously argue over the definition of fascism online. 9/10 people will argue with your very correct definition as people imagine a distinction between "police state" and "fascism" and "corporatocracy" which does not exist.

    --
    ---Up Up Down Down Left Right Left Right B A START