What a 'Six Strikes' Copyright Notice Looks Like
The new Copyright Alert System, a.k.a. the 'Six Strikes' policy, went into effect on Monday. Comcast and Verizon activated it today. Ars Technica asked them and other participating ISPs to see the copyright alerts that will be sent to customers who have been identified as infringing. Comcast was the only one to grant their request, saying that a "small number" of the alerts have already been sent out. The alerts will be served to users in the form of in-browser popups. They explain what triggered the alert and ask the user to sign in and confirm they received the alert. (Not admitting guilt, but at least closing off the legal defense of "I didn't know.") The article points out that the alerts also reference an email sent to the Comcast email address associated with the account, something many users not be aware of. The first two notices are just notices. Alert #5 indicates a "Mitigation Measure" is about to be applied, and that users will be required to call Comcast's Security Assurance group and to be lectured on copyright infringement. The article outlines some of the CAS's failings, such as being unable to detect infringement through a VPN, and disregarding fair use. Comcast said, "We will never use account termination as a mitigation measure under the CAS. We have designed the pop-up browser alerts not to interfere with any essential services obtained over the Internet." Comcast also assures subscribers that their privacy is being protected, but obvious that's only to a point. According to TorrentFreak, "Comcast can be asked to hand over IP-addresses of persistent infringers, and the ISP acknowledges that copyright holders can then obtain a subpoena to reveal the personal details of the account holder for legal action."
"In-browser popups?" On what pages? Is Comcast tampering with web pages not their own to insert messages? Do they do MITM attacks on secure pages to break in there?
Netflix Instant Play monthly cost: less than $10, vs. IPREDator or equivalent VPN at about $5. Get a half decent Usenet or BitTorrent client, and the system has been circumvented.
I suspect that ISPs adopted these measures more to appease the content providers than to fight the actual problem.
Why won't the content providers address the obvious, and just make the content available through Netflix/iTunes/Amazon/VUDU/etc. soon after release? Such venues would enable them to profit from the home user who'd then download and pay without a hassle, and at the same time protect secondary international markets where other deals may be in place.
I guess these people learned nothing from Napster, iTunes, and music stores.
Cheers!
E
http://eugeneciurana.com | http://ciurana.eu
The outrage that defeated SOPA is missing. Is it because the harm isn't as clear, big companies like google aren't stepping into the fray, or the association with "pirates" is too toxic? Or is it d) all of the above?
Who in this day and age still has pop-ups enabled in their browsers?
Excuse me, but please get off my Pennisetum Clandestinum, eh!
Firstly, I think popups are generally disabled by people who know how to use torrents. And secondly, they require the popup to be signed so you cannot say "I didn't know" further down the line. Now what happens if you see the popup and just close it (CTRL+W or CTRL+F4)? Does it count as seen? Or better still, pull the popup window to a side and keep doing what you are doing. And shutdown after you are done. Now does that count? And what if I challenge the ISP to show me proof for the notice. Will they do it or just ignore me? If they ignore me, I can ignore them and so the story can go...
Apologies to the author of the original(can be found at http://craphound.com/spamsolutions.txt):
Your law advocates a
(x) technical (x) legislative ( ) market-based ( ) vigilante
approach to fighting piracy. Your idea will not work. Here is why it won't work. (One or more of the following may apply to your particular idea, and it may have other flaws which used to vary from state to state before a bad federal law was passed.)
(x) Legitimate bittorrent uses would be affected
(x) It is defenseless against VPNs
(x) It will stop piracy for two weeks and then we'll be stuck with it
(x) Users of netflix will not put up with it
( ) Microsoft will not put up with it
( ) The police will not put up with it
(x) Requires too much cooperation from pirates
( ) Requires immediate total cooperation from everybody at once
(x) Many internet users cannot afford to lose business or alienate potential employers
( ) Anyone could anonymously destroy anyone else's career or business
Specifically, your plan fails to account for
( ) Laws expressly prohibiting it
(x) TOR endpoints in foreign countries
(x) Asshats
(x) Jurisdictional problems
(x) Unpopularity of net restrictions
(x) Pop-up blockers
(x) Eternal arms race involved in all filtering approaches
( ) Extreme profitability of piracy
(x) Joe jobs and/or identity theft
(x) Technically illiterate politicians
(x) Dishonesty on the part of pirates themselves
and the following philosophical objections may also apply:
(x) Ideas similar to yours are easy to come up with, yet none have ever
been shown practical
( ) Any scheme based on opt-out is unacceptable
( ) IP headers should not be the subject of legislation
(x) Blacklists suck
(x) Whitelists suck
(x) We should be able to watch youtube without being permanently disconnected from the net
( ) Countermeasures should not involve wire fraud or credit card fraud
( ) Countermeasures should not involve sabotage of public networks
( ) Countermeasures must work if phased in gradually
(x) Why should we have to trust you and your servers?
(x) Incompatiblity with open source or open source licenses
( ) Feel-good measures do nothing to solve the problem
(x) I don't want private corporations suing me for downloading my own files
Furthermore, this is what I think about you:
( ) Sorry dude, but I don't think it would work.
(x) This is a stupid idea, and you're a stupid person for suggesting it.
( ) Nice try, assh0le! I'm going to find out where you live and burn your
house down!
It is amusing to see comcast and others think just cause everyone else is doing it or because they have "industry" documents like RFC 6108 this somehow insulates them from "stupid".
Injecting shit into http is HARMFUL no matter what BS you can get accepted by throwing your largess around and sponsoring IETF meetings. You simply cannot know a-priori what side effects of injecting javascript crap into HTTP transactions are. In case you have been living under a rock for the past decade sadly everyones using HTTP for transport these days.
As I type no doubt the phishers are working overtime on fake popups emulating comcasts piracy notifications.
I hope sleeping with the MPAA is worth bad press, legal exposure and pissing off your paying customers.
"As part of the Copyright Alerts System operated by the Center for Copyright Information, a copyright owner has sent Comcast a notice claiming your Internet service from Comcast was used to copy or share a movie, television program or song improperly...."
There are absolutely no details about who the copyright owner is, what specific content was infringed, when the alleged infringement was made, what details identifies MY "Internet service", etc.
A more legally correct wording could state "Someone who claims to be the copyright owner, claims that the copyright was infringed from the specific IP which we, Comcast, claim to be belonging to your account at the claimed time of the infringement." But that would be just too many "claims"!
There's no such thing as "illegal download"
US = nascent police state.
Religous speak to God. Insane are spoken to by God. When all shut up, one can finally hear Shostakovich in peace
Corporations have a right to run their businesses however they want. The problem here is that, by all agreeing to restrict the rights of their customers in the same way, the corporations are colluding with one another to prevent those customers from simply switching to a competitor.
In many regions, there's not even any collusion necessary, as there's only one ISP available for broadband.
If you build it, nerds will come. Soylentnews.org
Corporations have a right to run their businesses however they want
You state that with such conviction. It's not true.
Not even in the US with its institutionalized bribery and corruption is this true. It is FAR from true in many other places.
5 Strikes and i change my ISP!
Oh
Corporations have a right to run their businesses however they want.
Corporations don't have the right to run whatever however they want. As an executive or director you MUST always act accordingly and responsibly and you MUST maintain an ethical stature and operate within the confines within the law *.
As a rule of thumb any new policies and procedures a company institutes which later affect another business' income, then for the suffering business suing for loss of business is quite possible and quite winnable regardless of any clauses in contracts that say things like "we can disconnect you for any reason".
They weigh these new rules knowing that the risks of such things are low and they also know that a big and nasty enough legal defence can make those take down notices not worth the paper they are printed on. This is just an ass covering process for the ISP, nothing more.
* Though seeing this is in practice is a rarity, it is actually supposed to be the norm.
A pop-up I wasn't expecting inserted into my normal web browsers, and breaking any secure sites that it might pop up on prompting security warnings, asking me to click a button, sign-in, etc.?
Yeah, that won't be a scam, will it?
How about this - you have these people's address and billing details, send them a damn letter by recorded delivery if you want them to read it.
Personally, everything I've been advising my users NOT to do for the last ten years would ensure that those warnings are ALL ignored and/or the person runs off to check their antivirus because they are quite obviously not supposed to be there when you have typed in www.google.com or whatever.
Thus traffic from your IP can be assumed to originate from other computers. .. if you want to download crap, your traffic will use TOR to originate from another IP.
"I'm not downloading copyright material illegally, I'm just aiding anonymous others to do it, and they are anonymously returning the favor." Yeah, the FBI and judges will have absolutely no problem with that.
You can get $2-$5/mo virtual servers powerfull enough for VPN.
Hang on, didn't you say it was crap not worth paying for? Here you are paying for it, and presumably spending time watching/listening to it. Your time has absolutely no value that it you actively seek out crap to waste it on? Or is the value of this "crap" conveniently flexible enough to fit whatever point you want to make?
And show me an ISP that lets you run Tor in their AUP. Because pretty much all of them forbid any sort of proxying for others, which would be taken to include Tor.
Hell, even my external virtual server has a clause about "only proxying for your own use" (so I can set up a VPN, or email proxy, and proxy my connection, but only for me to use - I can't go advertising it or selling it to others)
It isn't "for limited times" anymore, so... nobody is sticking to that particular clause.
It would be fun to see bots filing bogus copyright claims with all the ISPs with the IP addresses of entertainment MBAs, their lawyers, lawmakers, celebs...
Purely an intellectual exersize; I would never advocate such a thing.
Perish the thought.
may not ever use account termination as a way of enforcing this, but I certainly will use account termination as a way of dealing with it.
That thing where they tell you you have to call them?
That call will be to cancel my service.
(and no, I don't use torrents, (except steam) but that hardly matters)
This space available.
Will this work properly in Lynx? Or do I need to file a complaint about cross browser support?
My old sig was REALLY stoopid.
First: the text says "Authors". Not publishers, not employers of authors, not people to whom the author sold "rights", not descendents of authors.
Second: Congress has the power to secure this exclusive right, not a mandate to do so.
Third: Congress has the power to secure this exclusive right only for a limited time.
Fourth: "Congress shall make no law...abridging the freedom of speech, or of the press". Given that, the "exclusive Right" mentioned in Article I Section 8 cannot be the exclusive right to speak, perform, or publish a piece; only the exclusive right to sell it. Laws against non-commercial sharing and use are a violation of the First Amendment.
Tom Swiss | the infamous tms | my blog
You cannot wash away blood with blood
...someone takes the CAS screenshots from TFA and incorporates them into a phishing scam popup?
Fake six-strikes popups which ask for credit card numbers to resolve the complaint.