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Software That Flagged HBO.com For Piracy Will Power U.S. 'Six Strikes' System

An anonymous reader writes "A copyright monitoring program called MarkMonitor mistakenly flagged HBO.com for pirating its own shows, and sent automatic DMCA takedown notices to the network. It's a funny story, until you realize that MarkMonitor is the same software that will power the U.S. Copyright Alerts System (a.k.a. "Six Strikes"), due to be rolled out by the five largest U.S. ISPs sometime in the next month."

66 of 292 comments (clear)

  1. Of course HBO are pirates by crazyjj · · Score: 5, Insightful

    That "Game of Thrones" show has been stealing blatantly from the "Song of Ice and Fire" book series for 2 years now.

    But if you're going to flag anyone, how about you get those thieves at Fox for pirating music from Jonathan Coulton? I think a fine of $22,500 for everyone who downloaded the Glee version sounds about right.

    --
    What political party do you join when you don't like Bible-thumpers *or* hippies?
    1. Re:Of course HBO are pirates by shentino · · Score: 5, Insightful

      Fox is a large corporation.

      It is therefore immune.

      Laws are only for poor peons don't you know?

    2. Re:Of course HBO are pirates by gstoddart · · Score: 5, Insightful

      a cover of a cover is not theft and never will be...

      The performance is still copyrighted.

      If his version was used in a TV show without licensing it, according to the copyright wonks, that's theft.

      They can't have it both ways.

      --
      Lost at C:>. Found at C.
    3. Re:Of course HBO are pirates by hlavac · · Score: 5, Insightful

      They can't have it both ways.

      Oh but they can! They always pick what is best for them, arbitrarily.

      Want to make a backup copy of your DVD? It's a license, you can't.

      You scratched your DVD? It's an item, you have to buy a new one for a full price!

    4. Re:Of course HBO are pirates by dougmc · · Score: 5, Insightful

      then fine Jonathan Coulton for stealing the lyrics from Sir Mix A Lot

      a cover of a cover is not theft and never will be...

      Sir Mix A Lot wrote the song, and Jonathan Coulton probably paid him writer's royalties. If so, that's no more stealing than getting a candy bar at the store and paying for it.

      a cover of a cover is not theft and never will be...

      Covering a cover could still be stealing from the original song author if they aren't paid, and I suspect that Glee paid Sir Mix A Lot. But Glee didn't just cover the song, they actually used Coulton's performance itself (i.e. actual music from his recording ended up on the show -- not just notes, but part of his recording) -- which could indeed be stealing. I don't know if it was simply sampling or it went beyond that -- but even if it was just sampling, in general royalties are paid for samples too nowadays.

      so cry more.

      You're not helping your case here.

    5. Re:Of course HBO are pirates by jythie · · Score: 5, Insightful

      Unfortunately, you are about right. If one looks at the various enforcement systems like youtube, the system is wired for who can harass who. Complaints against known entities will be deleted, while ones against small producers or individuals from companies are handled without question.

      You only gets much justice as you can threaten problems for whoever is handling it.

    6. Re:Of course HBO are pirates by bhcompy · · Score: 2

      Not sure why Insightful rather than Funny.

    7. Re:Of course HBO are pirates by Synerg1y · · Score: 2

      And still people vote to help them because their lobbyists cry wolf tears about how the artists aren't getting paid (they still won't) & how you wouldn't steal a car. But still consider this if it's any solace... all it would take to put out of business all the major ISPs is new technology, fiber could put comcast out of business where I live for example.

    8. Re:Of course HBO are pirates by DJ+Particle · · Score: 2

      That's just it... there is mounting evidence that Glee *did* use JoCo's actual backing track (JoCo sells karaoke tracks of all his music)

    9. Re:Of course HBO are pirates by Anonymous Coward · · Score: 3, Informative

      The Jonathan Coulton version isn't a cover of the song, it's a derivative work. Jonathan Coulton paid the appropriate licensing fees to the owner of Sir-Mix-a-Lot's original work. He made some modifications to the lyrics ("Johnny C's in trouble", instead of the original "Mix-a-Lot's in trouble", for example), and generally changed the entire song. Fox paid a similar licensing fee to the owner of Sir-Mix-a-Lot's original work. They then used Jonathan Coulton's version, with all his changes, including the different lyrics and tracks. Fox never even contacted Jonathan Coulton, let alone paid him.

    10. Re:Of course HBO are pirates by Anubis+IV · · Score: 2

      Two facts you seem to have missed:
      1) Coulton paid the appropriate licensing/royalty fees to cover Baby Got Back. He did not steal from Sir Mix-a-Lot. To quote what he said:

      Back when I released it, I bought the statutory license to distribute my version of this song through Harry Fox.

      2) While covering a cover may not be a violation of copyright (as he mentioned later in the link that I provided), his recording of the song is an original work of art that is protected under copyright law, meaning that it cannot be used without proper compensation and/or attribution. Fox and the producers of Glee never asked for permission to use his recording, yet it appears that they did exactly that, since elements that he added (e.g. the duck quack) were present in the Glee version.

      So, troll better next time.

    11. Re:Of course HBO are pirates by Anonymous Coward · · Score: 5, Insightful

      I've said it a hundred times on Slashdot before... we live in a caste system.

      Guess what, if you're reading this, you're in the lower caste.

      And yet still, people boggle and question why laws seem to work differently for individuals than they do for the 1% and corporations.

      CASTE SYSTEM PEOPLE! LOOK IT UP! If the smart people of Slashdot and elsewhere would actually acknowledge this and finally get around to fucking accepting it (because it's already here, and if you're in the lower caste... and you are... you CANNOT fight it. Get this through your heads), then maybe they can put their heads together and come up with a way to make working WITHIN the lower caste more comfortable.

      But just accept it already people. The fight against this has been lost YEARS ago. It's as bad as the USA thinking they didn't lose the war on terror.

    12. Re:Of course HBO are pirates by poofmeisterp · · Score: 2

      I've said it a hundred times on Slashdot before... we live in a caste system.

      Guess what, if you're reading this, you're in the lower caste.

      And yet still, people boggle and question why laws seem to work differently for individuals than they do for the 1% and corporations.

      CASTE SYSTEM PEOPLE! LOOK IT UP! If the smart people of Slashdot and elsewhere would actually acknowledge this and finally get around to fucking accepting it (because it's already here, and if you're in the lower caste... and you are... you CANNOT fight it. Get this through your heads), then maybe they can put their heads together and come up with a way to make working WITHIN the lower caste more comfortable.

      But just accept it already people. The fight against this has been lost YEARS ago. It's as bad as the USA thinking they didn't lose the war on terror.

      The fact that you mentioned War on Terror just gave the corporations bait. They will now buy gov't officials off to declare high bandwidth as a tool of terrorism. Thanks a lot. :->

  2. Who cares by schneidafunk · · Score: 5, Funny

    At least our e-voting software is safe.

    --
    Some people die at 25 and aren't buried until 75. -Benjamin Franklin
  3. Which ISPs? by CanHasDIY · · Score: 5, Insightful

    due to be rolled out by the five largest U.S. ISPs

    Which ones? I'd like to know who doesn't want my money.

    --
    An enigma, wrapped in a riddle, shrouded in bacon and cheese
    1. Re:Which ISPs? by Anonymous Coward · · Score: 5, Informative

      Which ones? I'd like to know who doesn't want my money.

      AT&T, Cablevision, Comcast, Time Warner Cable, and Verizon. It's in the article. :)

    2. Re:Which ISPs? by neminem · · Score: 2

      Like you have a choice... (or, if you do, you're far luckier than I am. My choices are: do I want cable (which sucks), or would I prefer dsl (which also sucks)? I certainly don't have any choice of *providers* of either of those services.

      That said, I just wikipedia'd it, and amazingly enough, Charter is not (currently) on the list. I can't believe Charter is actually doing something better than Verizon. Too bad I went with verizon.

    3. Re:Which ISPs? by DarthBling · · Score: 4, Informative

      According to the article, it is:
      AT&T, Cablevision, Comcast, Time Warner Cable, and Verizon

    4. Re:Which ISPs? by Anonymous Coward · · Score: 5, Informative

      And Verizon (at least) already has implemented it.

    5. Re:Which ISPs? by Synerg1y · · Score: 3, Interesting

      lol Verizon. I believe they pioneered anti-piracy tracking back on their 3g network and lost a class action for it. Never did it feel sweeter to get $50 in the mail than when they termed my service the year before for p2p and then lost a class action on the grounds that their technology wasn't good enough to accurately flag pirates. Round 2 anyone?

    6. Re:Which ISPs? by cayenne8 · · Score: 5, Interesting

      Which ones? I'd like to know who doesn't want my money.

      AT&T, Cablevision, Comcast, Time Warner Cable, and Verizon. It's in the article. :)

      Was this mandated by some law I've not heard was passed...or, are these companies all signing onto this one service voluntarily? If so...why, what is in the bargain for them, they have immunity anyway over what their users do on the networks...why even bother with this?

      --
      Light travels faster than sound. This is why some people appear bright until you hear them speak.........
    7. Re:Which ISPs? by sqrt(2) · · Score: 5, Insightful

      Many people have noticed the same thing you did. This doesn't make sense for the ISPs unless they are getting financial compensation from the content cartels equal to or greater than the amount of money they're going to lose from lost subscribers AND the cost of implementing the system itself, which is not going to be an insignificant amount of money. So the RIAA/MPAA is footing the bill for the system plus whatever extra the ISPs needed to sweeten the pot and make the whole burdensome hassle actually worthwhile. The other reason they might have for implementing it is that they are involved in both content creation and ISP businesses. This is true for Time Warner at least.You can think of it as a conflict of interest, another bullet point for stronger anti-trust laws.

      There will be a period of about a year when notices, "strikes", will be sent at a furious pace and then some other obfuscated, encrypted, file sharing system will replace bittorrent. Mega seems poised to fill that niche, but there's room for an encrypted, anonymous, p2p filesharing protocol. There are a few right now but there's never really been a need for them great enough to overcome BT's momentum. The six strikes plan will be that need.

      And once you push p2p filesharing that far underground there'll be no technological solution to stop copyright infringement over that protocol short of breaking the fundamental workings of the internet. File sharers will have won, and the content cartels, having shot their last bolt, will wish they had stopped when they were at least not completely powerless. This is a last desperate power grab of a dying business model. We are witnessing the death rattle of copyright as we know it.

      --
      If you build it, nerds will come. Soylentnews.org
    8. Re:Which ISPs? by Anonymous Coward · · Score: 2, Funny

      You know, that one ISP: AT&VeriCastVisionCable

    9. Re:Which ISPs? by Jah-Wren+Ryel · · Score: 4, Insightful

      If so...why, what is in the bargain for them, they have immunity anyway over what their users do on the networks...why even bother with this?

      Did you notice how all of them are also cable tv providers? It is in their interest to kill any other forms of entertainment distribution, legal or not, so that they can herd customers to their own products.

      This is how the utterly stupid reclassification of ISPs as information services (from their previous classification as telecommunications services) has become self-fullfilling.

      --
      When information is power, privacy is freedom.
    10. Re:Which ISPs? by jxander · · Score: 2

      It's in the article. :)

      Which perfectly explains why GP couldn't find it.

      --
      This signature is false.
    11. Re:Which ISPs? by dcherryholmes · · Score: 2

      All (or almost all) the ISP's also own content companies.

    12. Re:Which ISPs? by dissy · · Score: 5, Interesting

      Well, of the ISPs implementing this, Cablevision, Comcast, Time Warner, and Verizon are all either directly or owned by content creators.

      Only AT&T wireless (Previously called Cingular Communications) was/is a pure data network.
      Note that it was Cingular that purchased the AT&T Wireless name from AT&T, so AT&T (which is also a content creator) is not involved there.

      However you are correct in both of your first points. It is a huge conflict of interest, and they have all stated they are losing more money to piracy than they make in total on their ISP division.
      Granted, this is not anywhere close to true, but they all firmly believe so, and more importantly they have made that statement to our government and so now must stick by it.

      Think about it, their ISP divisions pull in what, 1-2 digit billions of dollars a year? Maybe 3 digit billions?
      That is nothing compared to the 2-4 digit trillions they state they are losing due to piracy.

      It's only the fact they are convinced 20% or less of their customer base are pirates, that keeps them from closing down the entire ISP side all together.

      There is also the bonus of no lost customers.
      Firstly, they will not be disconnecting anyone. Fines yes, many more fines sure, even apparently slowing down service and even blocking some things. But not disconnection.
      I mean they "earn" $50-$100 each time they accuse you of piracy, with no evidence required! Who would want to disconnect someone and get rid of all that extra money?

      Secondly, very few of the people hit by these strikes are willing to go without Internet service at all (Which is the only other option)
      There is no competition, quite literally. Any "resellers" you would switch to are both A) under this same system due to being the same network, and B) still funnel money back to the network owner itself. They still get paid no matter which reseller you go with. It's all the same network and thus the same rules apply.

      I believe you are also quite on mark with the future of file sharing. I've been saying the same for some time now, and in fact if anything am only amazed things are taking so long to get there.

      The ultimate end game will be two-fold:
      - High speed, anonymous, fully encrypted and functional darknets for file sharing.
      - ISPs seeing encryption + high speeds as automatically assumed piracy unless vouched for by a business on the safe-list (aka VPN users, which will need to be registered and vouched for)
      Anyone pulling encrypted data faster than your average webpage will have their traffic mucked about with, be it slowing down to 1kbps or less, or RST packets stormed to each end, to live-updated firewall blocks.

      The EFF will complain that users of their HTTPS anywhere plugin no longer can browse the Internet at all, and no one in charge will care. The content creators will of course exclude their own https servers, since they want you to buy their stuff, but anyone else - it's not like we have legal network neutrality so there's no reason what so ever to even allow https to the Internet, let alone at high speeds.
      There is a huge percent of our population too stupid to understand what network neutrality even means, and are strongly opposed to it. Even after these people can't shop at ebay any longer, they will still claim the benefits outweigh the risks, just so they don't have to admit to being wrong or making a mistake.

      It's going to get much messier before things get better I'm afraid.

    13. Re:Which ISPs? by usuallylost · · Score: 2

      Is it just me or does merging with a content company pretty much guarantee mediocrity in whatever product you used to sell before doing that?

  4. So, do something by pablo_max · · Score: 4, Insightful

    Well, you could always stand up and demand your leaders repeal this nonsense. Is that not one of the stipulations of the political system in the US, that one must participate?
    I see a LOT of folks complaining on /., but I never hear about anyone actually DO anything. And no, a strongly worded facebook post is not doing something.
    Say what you want about the French, but they have it right. Their leaders are scared shitless of the population. That is how it must be. When the leaders do the things the US politicians do each day, France burns.
    So, I would say, If you don't like it, "man up" and do something.

    1. Re:So, do something by pclminion · · Score: 3, Informative

      I see a LOT of folks complaining on /., but I never hear about anyone actually DO anything.

      People actually doing something about it don't have time to rant on Slashdot. How exactly do you expect to hear about it? Telepathy?

    2. Re:So, do something by drakaan · · Score: 4, Funny

      Wait...does this mean that if HBO gets flagged 5 more times they go to jail? Sweet! Self-correcting legislation is awesome!

      --
      "Murphy was an optimist" - O'Toole's commentary on Murphy's Law
    3. Re:So, do something by SuperTechnoNerd · · Score: 5, Insightful

      I had to read your comment several times - since you seem to have such a strong and fantastic suggestion - but alas, a lot of hot air and no suggestions on how to go about "DOING SOMETHING." Please inform us sheep what your doing to help, and how we can too - since you got it all figured out.

    4. Re:So, do something by Farmer+Pete · · Score: 2

      Do what? Write congress? I'm sure they'll get right on that. I've written many a note to my representatives. It's never seemed to make a difference. I think the only way we can get change is if we form a SuperPAC and get some good financial backing.

    5. Re:So, do something by Mordok-DestroyerOfWo · · Score: 2

      I ran for Congress last year, even won the primary election. But without the multi-million dollar GOP trust fund that my opponent had, I still came up tens of thousands of votes short. Change isn't easy...

      --
      "Never let your sense of morals prevent you from doing what is right" - Salvor Hardin
    6. Re:So, do something by megamerican · · Score: 4, Insightful

      The US also had a top marginal tax rate like that. It was during the great economic boom of the 50s and 60s. Turns out that trickle-down, voodoo economics is and always will be bunk.

      And as it turns out, nobody paid it. The effective tax rate, i.e. the tax rate people actually paid was around 30-35% at that time.

      --
      If you have something that you dont want anyone to know, maybe you shouldnt be doing it in the first place -Eric Schmidt
    7. Re:So, do something by Sarten-X · · Score: 3, Insightful

      Turns out that trickle-down ... economics is and always will be bunk.

      ...But I think I am a good person, and I do good things with my money. Why would anyone not want good things to be done? Surely with more money I could do more good things, but that means I need to be sending less to the government. The government politicians just nickel-and-dime their way through the budget pulling money out of good investments for the future and into gift programs for the lazy.

      A note to the witless: I'm not being wholly serious, but I'm not trolling, either. Just illustrating a particular perspective.

      --
      You do not have a moral or legal right to do absolutely anything you want.
    8. Re:So, do something by gVibe · · Score: 2

      Um...The United States really isn't that glorified magical place they teach you about in school books. I've lived here since birth, and I can promise you that those who stand up and fight usually end up in jail or disappeared altogether. The leaders here are too stupid to be scared of the population, and a large majority of that population is even more stupid.

      I don't know where or how you get this crazy idea about how the people put fear in the government...not even in France. I would be willing to bet that if the French government truly wanted to shut the people up, they could, and would.

      Considering that the US 2nd Amendment -- you know, the amendment that everyone is misinterpreting right now -- was put in place so citizens could defend themselves from an attacking government (e.g. the British during the Revolutionary War). However, today, the argument is that people want the right to buy guns of the same size and magnitude the government has. Have you ever tried to take on a Drone armed with Hell Fire missile, using only a .22 Rifle? Doesn't work to good.

      Stand up and do something....that is just wishful thinking.

      --
      Keywords for the NSA overthrow oppressive regime true believers marathon Manhatten the financial district blueprints I
    9. Re:So, do something by meglon · · Score: 4, Informative

      It turns out that the top marginal tax rate is never the tax rate actually paid, and it was intentionally designed that way. I'm often surprised that people who want to think they're "in the know" don't understand such a simple concept, nor give people basic credit for understanding such a simple concept; however, then i'm reminded of people like the dentist last year who (in an anti-tax interview) said they'd stop working right each year right before they made enough to be pushed into a higher tax bracket because they didn't want their rate going up and costing them a lot more money.... because they didn't understand difference either. As David Gerrold said: "common sense isn't."

      --
      Fascism: An authoritarian and nationalistic right-wing system of government and social organization. See also: NAZI's
    10. Re:So, do something by LordLucless · · Score: 2

      however, then i'm reminded of people like the dentist last year who (in an anti-tax interview) said they'd stop working right each year right before they made enough to be pushed into a higher tax bracket because they didn't want their rate going up and costing them a lot more money

      I didn't see the interview, so I can't comment on what was actually said, just on your report on it. But that seems entirely probably to me. Obviously, going into the next tax bracket doesn't cost you money overall (you will still have more money than you did before you went over it) but it will increase the cost-per-dollar earned. It's entirely feasible that it would push the cost-per-dollar up to a point where working more just isn't a good deal. Just think - if, at the start of the year, you were earning $300 a day (no tax), but by the end of the year you were earning only $150 for the same amount of work, wouldn't you be tempted to just call it quits and take a holiday?

      Personally, when I was a student, I used to work as an electoral official during election season. The job ran from 8:00am to whenever the votes where counted - usually between 10:00pm and midnight, and paid about $400. Now, because I'm earning more and this work would be taxed in my highest bracket, the same amount of work would earn me $250. Result? I'm working less to avoid tax. It's not that working more is going to cost me money, but taxation drops the reward for my time down to a point where it's not worth me doing it. In other words, I stop working because I'm in a high rate, and it would cost me a lot of money.

      --
      Just because you're paranoid doesn't mean there isn't an invisible demon about to eat your face
  5. Nope. Still funny. by Jmc23 · · Score: 3, Funny

    I'm sure even the USians will enjoy more and more copyright owners getting sued by themselves.

    --
    Don't complain about syntax, grammar, or spelling. There is no.hell like input on android.
  6. Why are ISPs in bed with big content? by mdmkolbe · · Score: 4, Insightful

    It's puzzled me for some time that ISPs are so eager to help with these piracy measures. Can someone explain to my why they are so eager to please when there is no reasonable legal threat against them? (IIUC, the DMCA safe-harbor clauses immunize them.) The same goes for YouTube. Why is Google so eager to go above and beyond the DMCA(*)?

    (*) I am aware of Viacom v. Google, but my understanding is the appellate judgment in many ways reaffirms the DMCA safe-harbor provisions.

    1. Re:Why are ISPs in bed with big content? by Crayz9000 · · Score: 5, Insightful

      It's puzzled me for some time that ISPs are so eager to help with these piracy measures. Can someone explain to my why they are so eager to please when there is no reasonable legal threat against them? (IIUC, the DMCA safe-harbor clauses immunize them.) The same goes for YouTube. Why is Google so eager to go above and beyond the DMCA(*)?

      (*) I am aware of Viacom v. Google, but my understanding is the appellate judgment in many ways reaffirms the DMCA safe-harbor provisions.

      Easy: Two of the biggest ISPs are also content owners. Time Warner and Comcast.

    2. Re:Why are ISPs in bed with big content? by Wesley+Felter · · Score: 2

      Time Warner Cable actually split from Time Warner recently, so they're not related.

    3. Re:Why are ISPs in bed with big content? by gl4ss · · Score: 2

      they also want to get into the content distribution racket and cut their traffic to to one tenth

      --
      world was created 5 seconds before this post as it is.
    4. Re:Why are ISPs in bed with big content? by Anonymous Coward · · Score: 2, Informative

      Time Warner Cable actually split from Time Warner recently, so they're not related.

      As corporate entities when it comes to accounting, but should you bother to check who owns both, you'll see something else.

    5. Re:Why are ISPs in bed with big content? by MHolmesIV · · Score: 2

      I would hazard a guess that the folks pirating movies on their networks are also the network's heaviest users. Dump those few people, and their infrastructure costs don't go up as fast. It's a win-win for the ISP. (A pirate pays the same monthly fee as a regular user, but they can support hundreds of regular users on a single pirate's monthly transfer)

  7. Encrypted proxy? by goruka · · Score: 3, Informative

    I'm not from the US, but if you really wanted to pirate stuff, isn't just renting a proxy or doing ssh -D somewhere else outside the country enough?
    Or is it one of those measures trying to prevent John Doe from using bittorrent? (and expecting he won't learn how to use a proxy)

    1. Re:Encrypted proxy? by dj245 · · Score: 2

      I'm not from the US, but if you really wanted to pirate stuff, isn't just renting a proxy or doing ssh -D somewhere else outside the country enough?

      Or is it one of those measures trying to prevent John Doe from using bittorrent? (and expecting he won't learn how to use a proxy)

      it's to catch the people who aren't smart enough to protect themselves when copywronging.

      I myself am using a torrent proxy, BTguard, but it's too slow, thinking of switching to a VPN.

      I got me a cloaking device for when I am out on the interweb seas, raping, pillaging and copywronging. Arrr!

      I had BTguard proxy but let my service expire. Too slow and it had problems with UDP trackers. I've been evaluating Ipredator, which is actually a branch of the Pirate Bay. Speeds are much higher than BTguard. I nearly maxed out my 20mbit connection on a well-seeded torrent (a legal one of course). They might not be the best service out there, but they are good enough for me to stop looking around. Trial accounts are available. Only downside is that when you have a computer on their VPN, everything goes through Sweden and thus the latency is not great. Only way around it is to play with the routing table or have separate computers (which I might have to start doing).

      --
      Even those who arrange and design shrubberies are under considerable economic stress at this period in history.
  8. Americans by pitchpipe · · Score: 5, Insightful

    I wish we in the US would get as upset about corporations taking away our rights (through the purchase of laws) as we do about gun laws. This would not be an issue if that were to happen.

    --
    Look where all this talking got us, baby.
    1. Re:Americans by Anonymous Coward · · Score: 5, Insightful

      You in the U.S. has your gun laws exactly for cases like this. The original idea was, when government (or its minions) eventually gets too tyrannical . . .

    2. Re:Americans by Anonymous Coward · · Score: 2, Informative

      You in the U.S. has your gun laws exactly for cases like this. The original idea was, when government (or its minions) eventually gets too tyrannical

      No, the original idea was so they could form militia and defend themselves without having an expensive military. The military was explicitly not to be given funding for more than two years at a time precisely for this reason. It's all in the constitution.

      Look what happened: we ended up with the - by far - most expensive military in the world, and people buying guns for reasons the founders never intended.

      I suggest you read the Federalist papers before spouting this nonsense. The GP had it right. The framers wanted guns in the hands of its citizens as a safeguard against tyranny. The militia aspect always was secondary to that. In their minds the militia was the whole of the populace able to bear arms and still is according to US Law (limited to certain age ranges of course). Even taking your claims at face value. In order for any militia to be effective (well-regulated in the parlance of the 1700's) it must have guns. The framers intended for the populace (albeit only males at their time) to have weapons equal to any standing army that might be raised. So what reasons did you think were not intended by the founders, hmm? Hunting - check, self-defense - check, defense against the government - also check.

      By all means enlighten us on these "reasons".

    3. Re:Americans by syzler · · Score: 2

      You in the U.S. has your gun laws exactly for cases like this. The original idea was, when government (or its minions) eventually gets too tyrannical

      No, the original idea was so they could form militia and defend themselves without having an expensive military. The military was explicitly not to be given funding for more than two years at a time precisely for this reason. It's all in the constitution.

      Look what happened: we ended up with the - by far - most expensive military in the world, and people buying guns for reasons the founders never intended.

      No, the grandparent post is correct. The founding fathers were very weary of a strong central government. This is why the first government based upon the Articles of Confederation and Perpetual Union was so weak it was unable to leavy taxes and fund an army to suppress the Shay's Rebellion and instead the rebellion was suppressed with a privately funded army.

      The second amendment is a compromise in choosing between a weak central government and strong federal government. To quote the second amendment:

      A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

      The active part of the second amendment is "The right of the people to keep and bear Arms, shall not be infringed,". The right is not imparted to the individual states, but to the people. The right to bear arms is part of the checks and balances between the rights of the People and the power voluntarily given to the government by the people.

    4. Re:Americans by syzler · · Score: 2

      You know, for a bunch of well educated lawyers, the founding fathers sure drafted a terribly ambiguous amendment. It could mean:

      1. Own a gun? We can draft you
      2. Only members of a Militia can own guns
      3. Own a gun? You must join a militia

      Actually, I think the last one should be the way it works: only people who receive proper, thorough, and repeated training in weapons handling should be allowed to have guns. It would cut down tremendously on gun accidents.

      Hmm, let me enlighten you with the definition of a militia:

      1. a part of the organized armed forces of a country liable to call only in emergency
      1. a body of citizens organized for military service
      3. the whole body of able-bodied male citizens declared by law as being subject to call to military service.

      Actually, since the militia during the time of the revolutionary war and the militia used in the suppression of Shay's Rebellion consisted of able-bodied male citizens whom were not professional soldiers or apart of a government military force, I think the last one is the definition intended by the founding fathers.

  9. This violates the rights of EU and Canadians by WillAffleckUW · · Score: 5, Insightful

    The US is the signer of a data treaty with both Canada and the EU that this violates.

    As the holder of multiple copyrights in Canada, the US, Australia, and New Zealand, I do not accept this Six Strikes violation of my International Treaty rights, which are superior to any DCMA legislation in the US.

    Period.

    --
    -- Tigger warning: This post may contain tiggers! --
    1. Re:This violates the rights of EU and Canadians by gl4ss · · Score: 2

      US honoring their trade and privacy treaties? are you visiting Colorado and high as fuck??

      --
      world was created 5 seconds before this post as it is.
  10. What can we do about this? by Anonymous Coward · · Score: 5, Informative

    You probably already pay for internet service. For a little bit more money/month, you can get away with as much piracy as you want. If you don't understand all the terms/lingo I'm about to use, hit the google. Here's what you can do:

    Scenario 1: switch from bit torrent to usenet. Automate the downloading of your favorite shows with sickbeard + hellanzb/sabnzbd/your-favorite-nzb-grabber-here. Download movies with CouchPotato. I have this set up, but due to abuse of DMCA, a lot of the good nzb indexing sites (newzbin, nzbmatrix) are gone. Thinking about getting rid of a usenet provider alltogether because of this unfortunate turn of events.

    Scenario 2: get a VPN. I have a VPN thru my usenet provider. I run a Win7 virtual machine for bit-torrent piracy purposes (since the good nzb indexing sites have gotten taken down, i find myself resorting to bit torrent more often now). All torrent traffic goes thru the VPN. Slows it down, but not by much.

    Scenario 3: get a seedbox. Seedboxes are for fast bit-torrenting. The downloading/uploading happens on a server that you rent. Get one outside of the US. Since it's not your home connection that gets slammed, you can share more upload bandwidth with the community. When the download is done, transfer your file to your machine with a ssh/sftp client. with a good media player and a good connection, you can probably start watching a video file 10-15 seconds after you start the transfer.

    Scenario 4: get a VPS. Can't find many that are bit-torrent friendly. But they're basically little virtual OS instances (typically linux) that you get root on. You can roll your own VPN with a VPS (as opposed to buying a VPN service), so if you are comfortable with Linux, going the VPS route might be your best and cheapest bet (then you can do #2 for cheap). There are plenty that are hosted outside of the US.

    It's too bad that hollywood and the media content creation industries in general have been so blinded by greed that they've missed the boat on this whole internet thing. They could have made WAY more money, probably ORDERS OF MAGNITUDE MORE MONEY if they'd embraced the internet as a content delivery tool OVER A DECADE AGO, instead of using political pull to secure legislation that protects their backwards and antiquated business model.

    Seriously. There are METRIC FUCKLOADS of money to be made on online advertising. Google is proof positive of this.
    Of course, just giving away the content "for free" (in exchange for ad revenue) is such an anathema to the greedy fucks at the top of the totem-pole in the industry that the idea was probably never seriously on the table in the first place.

    Such a shame.

    I keep saying that I'd pay $100/month for a service that allowed me to watch or listen to whatever movie, tv show, or song I typed into the search box. Instead we have this bullshit like hulu and netflix, with arbitrary restrictions on what you can watch on your TV vs your computer, what you can watch via the net vs get as a disk in the mail, etc. It's bullshit and there's no technological reason for how bad this situation sucks. It sucks because of corporate greed, so I've made it my moral obligation to ensure that none of these fuckwits ever get any of my money.

    Go buy a VPN.

    1. Re:What can we do about this? by aztracker1 · · Score: 2

      Just had to ask.... What's the difference between a "metric fuckload" and an "imperial fuckload" of money?

      --
      Michael J. Ryan - tracker1.info
    2. Re:What can we do about this? by phorm · · Score: 2

      In Canada, a buddy of mine noticed that as soon as he
      a) Started some torrents
      or
      b) Opened a VPN

      His carrier (Shaw) would route him through a different network segment and essentially throttle him into the ground. If VPN's become more popular in the U.S. I'd imagine more of the same.

  11. This sounds like a job for Anonymous by Anonymous Coward · · Score: 4, Interesting

    Were I Anonymous (and I am most certainly not), I would see this as a great opportunity to engage our fine Congress into taking up action. Since I am NOT Anonymous thus clearly lacking the knowledge I am not sure this could even be done....yet....

    Would it not be thoughtful if something could be set up such that all sorts of protected files were downloaded and shared from a congressman's identifiable computer? Were it possible to acquire and spoof the MAC address, the IP address and set up a nice little honey pot for this wondrous program to sense and respond too. Six strikes you say, should happen quick and then we have our dear congress person getting dropped...oh wait you say, they are on the white list, but then Anonymous still does the job for now it can show the preferential treatment which certainly is news unto its self. Or, just bluw skying you know, take the old adage garbage in garbage out and just confuse the poor program. Help it to see everyone as a violator thus rendering its conclusions moot.

    Hacking websites is one thing, sticky congress people into a situation where they have to try and explain that (1) it was not them and (2) why they feel this is good for the country would make for more interesting news coverage. Vigilantes that use their power to shine a light on a wrong do more power then just acting out in anger (hacking websites). I don't have the power or the knowledge or the influence to effectively change the mind of greedy SOB in Congress, but maybe there are those that do,,,,I wonder.

    Funny, I posted AC because i started to ponder, what if when I get home I find some gentlemen in dark suits waiting for me, just to ask a few questions...Please, come with us.

  12. Re:This is all our fault. by fredprado · · Score: 2

    Actually it is not. People like the GP are the least at fault for that. They recognize that there is a problem and speak up against it. And vote against it within the possibilities. Everybody else that doesn't give a shit until they start to piss on their yard is, on the other hand.

  13. Where's the DOJ? by Dcnjoe60 · · Score: 5, Interesting

    Which ones? I'd like to know who doesn't want my money.

    AT&T, Cablevision, Comcast, Time Warner Cable, and Verizon. It's in the article. :)

    Was this mandated by some law I've not heard was passed...or, are these companies all signing onto this one service voluntarily? If so...why, what is in the bargain for them, they have immunity anyway over what their users do on the networks...why even bother with this?

    Collusion is illegal in the United States (and most other places). How come the five largest ISPs in the country all deciding to implement the same tracking system and enforcing the same restrictions on millions of subscribers who have no other alternative to their services is not being investigated by the DOJ?

    When the railroads did things like this, the DOJ was quick to step in. When the Unions did things like this the DOJ was quick to step in. Today when big businesses do things like this, the DOJ is nowhere to be found. The DOJ is supposed to protect the 100% of the people, not just 1%. But, that is the price we pay to have the best plutocracy on the planet.

    1. Re:Where's the DOJ? by Jah-Wren+Ryel · · Score: 2

      How come the five largest ISPs in the country all deciding to implement the same tracking system and enforcing the same restrictions on millions of subscribers who have no other alternative to their services is not being investigated by the DOJ?

      Because they are not competitors. Seriously. The vast majority of broadband customers have no more than 1 choice for high-speed service. Well, they could move to another town, but that's not really a choice in the way most people use the term.

      Thus, since they aren't competing they can't be colluding.

      As for why they aren't competing in the first place? Well, the DoJ has already given them a free pass on that bit of collusion.

      --
      When information is power, privacy is freedom.
  14. Re:This is all our fault. by log0n · · Score: 3, Insightful

    What are we supposed to be doing? Violently overthrow media conglomerates?

    I already vote with my dollars. I no longer buy nor subscribe to (or pirate) music, movies, etc. I stopped buying restrictive DRM games years ago. I've cut the cable cord. I prefer indie authors almost exclusively and get my text in print form whenever possible. These companies don't care, they've got more than enough $ already and the only one really being hurt is me (near zero access to pop culture).

    Get off your high horse and be useful. Enlighten me. How else can this battle be fought?

  15. Re:Blessing in disguise? by Voyager529 · · Score: 2

    My optimistic side hopes this will eventually lead to a resurgence of independent ISPs.

    That's quite a hefty level of optimism you've got there. If you were going to start Forresto Online, and become an ISP, you'd have all kinds of state and local opposition as you tried to lay your fiber cables down or staple them to the poles...but let's hand wave that train wreck away. With the big guys already implementing the six strike rule, anyone new on the radar would be a very easy target - especially since your arrival was heralded by the metric ton of paperwork that had to be filled out to lay your fiber.

    From there, you have issues with both inertia, and the kind of people who have none. Let's face it: most people who sign up for cable/phone/internet bundles from Comcast are likely locked into annual contracts and are unlikely to move shortly after Forresto Online is available. A handful who are *that* disgusted with them will, but the majority will probably wait it out and see how bad it will get...typically that will be just long enough for Comcast to entice them with rates that are $5/month less than yours, $10/month less if they sign up for two years. The customers who won't fall for it are likely the ones who will be running uTorrent 24/7. Those who run it exclusively for Linux distros will simply be pounding your network, those who aren't, well, they'll be on the radar of the kinds of people who will try to sell you on adding the six strike policy to your list of services, lest they of course attempt to hold you liable for all the pirated content that's flowing through your pipes. You then decide between either listening to them, or going to bat for what you believe is right, but can't afford to do because your customers are relatively few compared to the titans against whom you're competing, and you've been spending most of your money trying to keep the packets flowing as the numbers continue to rise.

    I'm all for independent ISPs. I just think that this is the worst possible climate to do it in.

  16. Re:This is all our fault. by Areyoukiddingme · · Score: 5, Insightful

    Get off your high horse and be useful. Enlighten me. How else can this battle be fought?

    It can't be. As long as Joe Sixpack has to have his live sports package, as long as Jill Sixpack is fascinated by what moronic Celebrity ofthe Minute is doing today, they will have all the money they need to buy any law they like. You (and I) are forever marginalized. Get used to it. Cost of internet access will go continuously up, not down, as the media conglomerates that own the pipes rent-seek us all into oblivion. Internet access will follow exactly the cable pricing model, and for exactly the same reason—access is controlled by exactly the same people.

    And I've lost any hope of Google rolling out fiber any further than Kansas City. They will do it once, discover it's an expensive, thankless job, and stop. I expect tiered internet to be the norm in not less than 5 years, and it's all downhill from there.

  17. Re:This is all our fault. by Jane+Q.+Public · · Score: 2

    "You mean the one that says that they can modify the contract as they see fit anytime they wish?"

    No, I don't.

    If they can modify it any time they wish, then it isn't a contract! A contract can't be one-sided; it requires approval from all parties involved.

    My contract is for delivery of specific services for a certain amount of money. They can't modify that without my consent, or they break the contract... I don't owe them the money. If, for example, they throttled or cut off my service, then they would not be delivering the product they agreed to deliver for the money I was paying them.

    Some ISPs have also tried saying "by using this service you agree to the terms on page (http://blahblahblah) which may change at any time..." and in some cases might get away with that. But that isn't a contract, either... it's a TOS for month-to-month usage with no contract.

    Further, if it is a contract at all, any such clause makes it a contract of adhesion, meaning it is entirely one-sided and there is no opportunity for negotiation. Often courts will refuse to honor contracts of adhesion, because the whole concept of contract implies that both parties have equal power in the deal and that any agreement has been negotiated in good faith.