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UK's 'Three Strikes' Piracy Measures Published

judgecorp writes "UK regulator Ofcom has published details of plans to disconnect illegal file-sharers. It is the 'three strikes' policy which ISPs unsuccessfully appealed against, and it requires ISPs to keep a list of persistent copyright infringers (identified, as usual, by their IP address). ISPs will have to send monthly warning letters to those who infringe above a certain threshold. If a user gets three letters within a single year, the ISP must hand anonymised details to the copyright owner, who can apply for a court order to obtain the infringer's identity (or at least, an identity associated with that IP address)."

20 of 150 comments (clear)

  1. VPNs by Anonymous Coward · · Score: 3, Insightful

    VPNs will be the order of the day!

    In other news: First Post! :P

    1. Re:VPNs by cpu6502 · · Score: 4, Interesting

      This 3-strike deal is just the latest in a series of dumb decisions by OfCom. They are also planning to turn-off the FM radio band.

      No firm date has been set, but they proposed 2018 in their meeting minutes, after which listeners will be dependent upon the barely-functional MP2 DAB (digital audio broadcast). The switchoff of analog television was also handled poorly by these bureaucrats with many citizens unable to receive the new digital channels.

      --
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  2. Please, Please, Please start a trend. by Anonymous Coward · · Score: 5, Interesting

    I really, really want it to become a trend to deliberately download red-flagged content from IP addresses other than your own. Do it over poorly-secured Wi-Fi, or public access or whatever, but do it to prove a point.

    That seems like the natural activist thing to do.

    1. Re:Please, Please, Please start a trend. by The_Wilschon · · Score: 4, Funny

      Best would be to spoof the ISP's identification mechanisms so that IP addresses belonging to MPs, ISP executives, music and film industry executives, etc appear in their logs.

      --
      SIGSEGV caught, terminating

      wait... not that kind of sig.
    2. Re:Please, Please, Please start a trend. by cpghost · · Score: 4, Insightful

      These influential guys will be added to a whitelist of allowed copyright infringers. Do you really expect anything else?

      --
      cpghost at Cordula's Web.
    3. Re:Please, Please, Please start a trend. by Mordok-DestroyerOfWo · · Score: 5, Informative

      The key difference is that driving recklessly is a physical danger to other motorists, downloading of copyright material has zero physical impact.

      --
      "Never let your sense of morals prevent you from doing what is right" - Salvor Hardin
    4. Re:Please, Please, Please start a trend. by Githaron · · Score: 3, Interesting

      You analogy does not work. If the internet was a road, there would be two types of roads. The first type would be like a normal road. If enough resources, you can monitor who is going where and whether what they are transporting is illegal. The second type of road cloaks all information about the cars except where they are going and how often they travel. With some clever tricks, a lot of this data can be obfuscated and to some completely hidden. If you scare all the illegal activity away from the normal roads, it will move to the cloaking roads that are just as good. In the end, you have done almost nothing beneficial and actually harmed some existing and possible technologies. It also harms those that are hit with false positives. Fighting online piracy is like Wack-A-Mole. Companies would be smarter to uses knowledge about piracy as market indicators and compete with it rather than litigate against it.

    5. Re:Please, Please, Please start a trend. by Andy_R · · Score: 4, Informative

      The thing that stops this is the proposed claim process, which is insanely complex. It requires copyright holders to accurately predict in advance how many claims they will make, take part in a blind dutch auction over how much they are willing to pay per claim, and the cost of claiming more than doubles if you are claiming against someone connected to the 4th or 5th biggest ISP.

      The does not to allow small copyright holders such as independent musicians, journalists or photographers to pursue actions. Ofcom's consultation shows that the only people pointing this out and insisting that this would be wrong were the Pirate Party UK â" we don't like the DEAct, but if we are going to have it, we want it to be fair.

      --
      A pizza of radius z and thickness a has a volume of pi z z a
    6. Re:Please, Please, Please start a trend. by Endymion · · Score: 3, Informative

      The kind of argument made by someone who understands the difference between criminal , reckless act likely to lead a nasty manslaughter, and an act that is simply a civil tort, likely to only incur statutory damages?

      Of course, this "civil-vs-criminal law" being one of the most common distinctions made in all jurisprudence, I'm sure you already knew this... but i never like to accuse random people of willfully lying to blur a political issue, in the hopes of serving some hypothetical self-interest. So I'll assume this is a freak case of ignorance instead. Links to easily cure yourself of this unfortunate condition have been provided.

      --
      Ce n'est pas une signature automatique.
  3. Your Wicket is Taken by Anonymous Coward · · Score: 5, Funny

    Should not it be called "The Taken Wicket Policy"? What is this "Three Strikes" non-sense you speak of?

    Off for a spot of tea...

  4. Re:Onion Routing by Githaron · · Score: 5, Insightful

    If your computer is setup to act as a node on Tor or another onion routing technology and a pirate uses your computer as a exit node, the pirate's traffic would look like your traffic to your ISP..

  5. £20 to appeal by Anonymous Coward · · Score: 5, Informative

    Yes thats right, even though it is only an accusation, it will cost the innocent £20 to deny the accusation! telegraph article

  6. What about a home run policy? by ravenscar · · Score: 4, Funny

    For every three strikes policy there should be a home run policy. A home run would be a crime of such complexity and grand proportion that its perpetrators would get off free and clear. The US seems to have an unspoken home run policy that is frequently applied to those who work on Wall Street. The UK has a similar policy in their own investment banking sector.

    So, what would be a home run in this instance? Uploading the top 10 movies and songs of 2012 onto every web-connected machine?

    Of course I jest.

  7. Guilty until you pay up by Mr_Silver · · Score: 4, Informative

    I can't believe the submitter missed out the worse bit!

    From the BBC News:

    Suspected internet pirates will have 20 working days to appeal against allegations of copyright infringement and must pay £20 to do so, according to revised plans to enforce the UK's Digital Economy Act.

    So now you're automatically assumed guilty .. and can only prove you're innocent after you've paid for the "privilege" to do so!

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    1. Re:Guilty until you pay up by digitig · · Score: 3, Informative

      I can't believe the submitter missed out the worse bit!

      From the BBC News:

      Suspected internet pirates will have 20 working days to appeal against allegations of copyright infringement and must pay £20 to do so, according to revised plans to enforce the UK's Digital Economy Act.

      So now you're automatically assumed guilty .. and can only prove you're innocent after you've paid for the "privilege" to do so!

      No. After the three warnings, if you don't appeal to any of the warnings, your details are passed to the copyright owners who may choose to take legal action through the courts. The £20 (refundable if you win) is for if you want to avoid having to bother with due process; it isn't part of the due process which is still there. This looks to me to be a big improvement over the existing system where the first you might hear of copyright infringement accusations is a court summons.

      --
      Quidnam Latine loqui modo coepi?
  8. It's a trap alright by HalAtWork · · Score: 3, Interesting

    Well, the trap is that they could be mislabeling infringing content, there could be content you own that you're uploading/downloading to a cloud service they're unaware of that they could flag, they don't know who's using the computer at the time, nor the IP address really. Could be automated by a trojan for all they know.

  9. Back door revenue stream? by andy16666 · · Score: 3, Interesting

    "...to those who infringe above a certain threshold."

    The sliding window approach allows ISPs to harvest just enough infringers to keep big content supplied with a steady stream of lawsuits with ready-made payouts. Not that big content is suffering in any measurable way from copyright infringement to begin with. The problem with these approaches is that they falsely assume that every download is another lost sales opportunity. The flaw in their reasoning here is that people's pockets don't suddenly get deeper as soon as they have no choice but to pay for content...they just view less content.

  10. Re:The pirates are not concerned. by AngryDeuce · · Score: 3, Interesting

    Even outside of that, we have old trusty, sneakernet.

    I'm a part of an unofficial club that meets every couple weeks explicitly for the purposes of sharing media with each other. A handful of laptops and external hard drives and we're sharing hundreds of gigabytes of shit in a fraction of the time it would take for us all to torrent it ourselves. We've even somewhat specialized our focus to make it more efficient; I'm the music guy, we've got our movie and TV show guy, our game guy, our PC software guy, our Apple software guy (who's also getting tons of eBooks/eMagazines and shit for us now as well).

    Until we get a fully P2P internet, it's the best option for us to minimize risk.

  11. Very telling by gman003 · · Score: 4, Interesting

    It's interesting when you think about it. The media producers are pushing for the so-called pirates to be punished by removing their ability to pirate or assist others in doing so by uploading.

    If they were truly motivated purely by profit, wouldn't they be pushing instead for massive civil penalties, or perhaps some sort of tax?

    Banning pirates from the internet does little to increase profits even IF you follow MAFIAA logic that every single pirated file equates to one "stolen" sale, because where are people most likely to buy music? Online.

    This leads to several possible conclusions (ranked in order of probability (by my analysis), descending):
    1) The entire music/film industry is basically panicking and is unable to think straight due to the massive upheavals caused by the Internet, and they're lashing out like a scared animal.
    2) They actually do not care about pure profits, but are instead concerned primarily with maintaining control of distribution, making this as much an attack on iTunes as The Pirate Bay.
    3) They are fully aware of how ineffective this will be at curbing piracy, and plan to use this as a stepping-stone to something bigger and worse ("Look, even with the Three Strikes law, we're still making only billions of dollars per minute, we need a law that taxes people by the megabyte to use the Internet because they might use it for PIRACY!").
    4) They're just a pawn in someone else's Evil Master Plan.

  12. Re:Onion Routing by Jahava · · Score: 3, Informative

    If your computer is setup to act as a node on Tor or another onion routing technology and a pirate uses your computer as a exit node, the pirate's traffic would look like your traffic to your ISP..

    Indeed it would, but when your traffic terminates in China, or some other place, who gives a fuck?

    Note: I don't condone using bittorrent thru Tor either. there are similarly designed protocols for that, like I2P.

    Someone using BitTorrent over Tor network wouldn't show traffic going through you to China (or wherever the Tor user resides). An ISP monitoring your traffic would see BitTorrent requests originate at your IP address, and BitTorrent responses terminate at your IP address, simple as that.

    When you are a Tor exit node and someone makes a BitTorrent request through you, the actual request to the BitTorrent cloud is made by you (i.e., originates at your IP address) and the response is delivered to you (i.e., terminates at your IP address). At this point, your Tor software running on your system would encapsulate the response that you received and forward it through the Tor network back towards the actual requester.

    Now, depending on whether or not your ISP is monitoring Tor traffic (or all traffic) as opposed to specifically BitTorrent traffic, they may very well be able to see a correlation between your receiving some packet (remember, Tor can be obfuscated) and making a BitTorrent request, and, likewise, you receiving a BitTorrent response and sending some packet. If they're smart and if they care to, they may even put two and two together and realize that you're just acting as a proxy for someone else. However, that's on them.

    Makes running a Tor exit node as a method of plausible deniability seem pretty appealing though :)