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Criticism Of Copyright Alert System Mounts

Dangerous_Minds writes "This last week, the Copyright Alert System was rolled out. Now that everyone is getting a better idea of what the alert system looks like, criticisms are building against the system. Freezenet says that the mere fact that ISPs are using a browser pop-up window opens the floodgates for fraudsters to hijack the system and scam users out of money. The EFF criticized the system because the educational material contains numerous flaws. Meanwhile, Web Pro News said that this system will also hurt small business and consumers."

172 comments

  1. Not about Internet Rights anymore by Anonymous Coward · · Score: 0, Troll

    The EFF has gradually changed from protecting important rights such as the right to free speech and the right to privacy to being an advocate for wide scale copyright infringement. It's interesting that their agenda seems to dovetail mostly with that of Google - and that they've become about as independent of Google as the NRA is of the Republicans. We need an internet rights association that actually cares about defending rights beyond the right to bittorrent Hollywood crap.

    1. Re:Not about Internet Rights anymore by Beavertank · · Score: 4, Insightful

      Would you also say that the ACLU doesn't back important rights because it advocates for the speech rights of groups you disagree with? Privacy doesn't mean being left alone to do just what _you_ think everyone else should.

      The EFF is still fighting for internet privacy. That some people their privacy so they may violate IP laws is immaterial.

  2. A video explaining the topic by Anonymous Coward · · Score: 0

    Here is the link : Copyright Alert

  3. What "education" by johanw · · Score: 4, Insightful

    This is exactly the same as other totalitarian regimes did and do to re-"educate" (or to say it plainly, indoctrinate) their citizens with ideological propaganda to support the system. The USSR did it before the wall fell in 1989, and now the megacorps are doing it in the USA. Most Russians were clever enough to see through such propaganda, I'm curious to see if Americans are just as smart.

    1. Re:What "education" by Anonymous Coward · · Score: 0

      The nazis did it before them, the Brits did it before them, Napoleon did it before them, but it's not really indoctrination, because a lot of those ideas already exist. The system to enforce them already exists and does so to some degree.

      The problem, if you could call it that, is social. In the USA, IP, copyright etc, are very important things, and on a basic level, most people living there, consider infringing those as illegal. In Europe, where socialsm had a chance to develop the benefits, without so many of the downsides, the thinking is different.

      Personally, I wouldn't worry much. Because right now, USA is the biggest economy in the world, but when it gets replaced by China in 4-5 years, they'll lose that negotiating power, and things will change drastically.

    2. Re:What "education" by Anonymous Coward · · Score: 1

      Because right now, USA is the biggest economy in the world, but when it gets replaced by China in 4-5 years, they'll lose that negotiating power, and things will change drastically.

      This has happened already to some extent.

      The only export the USA has right now is its entertainment, not much else outside of that at this stage.

      Everything else is already made in China.

    3. Re:What "education" by SteveFoerster · · Score: 4, Informative

      What a obviously stupid thing to say. The U.S. exported over $2 trillion worth of goods and services last year.

      --
      Space game using normal deck of cards: http://BattleCards.org
    4. Re:What "education" by Anonymous Coward · · Score: 1

      And how much did it import?

    5. Re:What "education" by Nidi62 · · Score: 3, Interesting
      You'd be right, except you're very wrong. Per CIA World Factbook:

      Exports:$1.612 trillion (2012 est.) country comparison to the world: 3 $1.497 trillion (2011 est.) Exports - commodities: agricultural products (soybeans, fruit, corn) 9.2%, industrial supplies (organic chemicals) 26.8%, capital goods (transistors, aircraft, motor vehicle parts, computers, telecommunications equipment) 49.0%, consumer goods (automobiles, medicines) 15.0%

      --
      The only thing necessary for evil to triumph is for it to be pitted against a slightly greater evil
    6. Re:What "education" by flayzernax · · Score: 5, Insightful

      If you take the time to read over that you will see some interesting facts.

      1. They consider consumer goods bought in the country by traveling foreigners exports (t-shirts, cake, cell phones, etc) I don't think that should count its cheating since those goods were not manufactured here and we are just middle men. Walmart is not an exporter of TV's, they are a retailer.

      2. The other factor they add in which accounts for 500 billion of that is software, movie, and TV royalties. These are not physically manufactured goods or property as much as your civil ideology likes to believe they will never be property. The wealth from this industry is even worse distributed then the wealth from the auto and oil industries. It only accounts for probably the top 1000 wealthiest families and is probably immediately exported to tax havens.

      So I am going to call $2 trillion exports bullshit, its great that we can use Hollywood accounting there also.

      I would like to see numbers that show real exports of physical goods, that are useful in a real sense, like water, steel, oil, natural gas, salt, food, cars, etc...

    7. Re:What "education" by SteveFoerster · · Score: 2

      You may not like that they count stuff that tourists buy, but I think the article's use of "export" is pretty standard. Besides, such goods have to count as exports since they also count as imports when those retailers bring them in.

      When you say "your", I don't know whose civil ideology you're talking about, but I don't accept the legitimacy of the multiple different information monopolies that get lumped together as "intellectual propery", so it's clearly not me. But we're not talking should and shouldn't, we're talking is and isn't, and besides, if you take a closer look at the charts in that article you'll see that the sum of royalties from such things wasn't the majority of the value of the services category anyway.

      --
      Space game using normal deck of cards: http://BattleCards.org
    8. Re:What "education" by Anonymous Coward · · Score: 0

      I'm going to go ahead and ignore what you wrote and just say it was complete bullshit. See, I'm using the flayzernax system of thinking whereby I do not need to use typical thought processes to make a decision. Under this system I am free to make arbitrary rules to make my point. If data makes it harder to defend my position, I simply ignore it or even worse, make up a new arbitrary and irrelevant reason why it should be discounted.

    9. Re:What "education" by flayzernax · · Score: 1

      Well, isn't it great that we are all entitled to our opionions and point of view still?

      I would say the vast majority of our economy comes from the service industry. People selling things to each other. Walmart employee's, and the protection racket of police and military.

      Nurses, doctors, lawyers all fall under service to. As well as Insurance, and ISPs.

      That our economy is service based is nothing new since Sim City 2000 were I learned my macro and micro economics.

    10. Re:What "education" by flayzernax · · Score: 1

      500$ billion is not a majority of 2 trillion. But its a pretty big chunk.

      I apologize for the "your ideology" statement. And yes my grammar is terrible today.

      I think the linked website disregards that most of our economy is service based and tries as it might like me by using laymans logic to make it look like the service industry is an export industry. That is what I am trying to illustrate. But as you point out it may be the prevailing standard by which exports are measured. In which case I only have a difference of opinion and no authority on the matter.

      Someone else linked the CIA world factbook which ironically I think is more accurate probably for a breakdown of exports.

    11. Re:What "education" by Anonymous Coward · · Score: 1

      For one the EFF should demand to also be linked in these e-mails and pop-ups, for instance with the clause:

      "If you object to being monitored, object to current copyright law, you can get more information from for instance the Electronic Frontier Foundation (link)."

      The EFF should on its part have a specific"Six Strikes" information website (and make sure it's ranked #1 on Google) where among other things is explained HOW it works, and among other things, how to select, subscribe to a VPN service to avoid being monitored. Rationale is that Strike-avoidance en masse will make the system obsolete.

      VPN Services should offer special discounts with promocodes like "SixStrikesSucks","KimJongDodd", etc. Be creative!

    12. Re:What "education" by sjames · · Score: 1

      When the tourists go back home, where do the goods end up? That's right, in a foreign country. Why should the shipping method matter?

    13. Re:What "education" by Solandri · · Score: 3, Interesting

      1. They consider consumer goods bought in the country by traveling foreigners exports (t-shirts, cake, cell phones, etc) I don't think that should count its cheating since those goods were not manufactured here and we are just middle men. Walmart is not an exporter of TV's, they are a retailer.

      2. The other factor they add in which accounts for 500 billion of that is software, movie, and TV royalties. These are not physically manufactured goods or property as much as your civil ideology likes to believe they will never be property. The wealth from this industry is even worse distributed then the wealth from the auto and oil industries. It only accounts for probably the top 1000 wealthiest families and is probably immediately exported to tax havens.

      So I am going to call $2 trillion exports bullshit, its great that we can use Hollywood accounting there also.

      These are the correct accounting definitions of exports - the money used to pay for these items came from outside the country. Semantic arguments like you are making matter little to the accountants. What matters is that the money on both sides of the transaction balance out. And in both these cases, the money used to pay for these goods is deducted from the "other country" column and is added to the "U.S." column. So they are exports.

      If you try to classify them as domestic purchases as you are suggesting, the amount of money earned by workers domestically ends up not equaling the amount of money spent domestically (after factoring in money put into/taken out of savings accounts and the like). And the accountants throw a hissy fit.

      It only accounts for probably the top 1000 wealthiest families and is probably immediately exported to tax havens.

      This is an interesting one. I'll have to ask my account friend about it. But I suspect until that money is used to buy something (whether in the U.S. or abroad), it's still considered U.S. money. Just because they put it into an offshore account doesn't mean they won't eventually use it to buy something domestically.

    14. Re:What "education" by Anonymous Coward · · Score: 0

      Even the cakes? Unless those are bought within 24 hours or so of their return trip, they'll probably end up in an American sewer.

    15. Re:What "education" by sjames · · Score: 1

      But the foreign money ended up in an American till.

    16. Re:What "education" by flayzernax · · Score: 1

      This clarifies to me a lot what an export is considered and I can agree with this definition. Thanks for taking the time to explain it in detail.

    17. Re:What "education" by TapeCutter · · Score: 1

      Most Russians were clever enough to see through such propaganda

      Google "Stalin's funeral", you may be in for a shock. The inmates of Stalin's camps commonly believed their beloved Stalin would one day come and rescue them, the sad truth is he personally reviewed and edited the next day's execution list every night. And yes I can see a metaphor with "job creators" playing the role of Stalin. - such is the power of propaganda that the victim (AKA "useful idiot") will fervently work against his own interest.

      --
      And did you exchange a walk on part in the war for a lead role in a cage? - Pink Floyd.
    18. Re:What "education" by Anonymous Coward · · Score: 0

      Nice to see you pay close attention to your state-run media, comrade.

  4. Why the hell are the pure ISps doing this? by Anonymous Coward · · Score: 5, Interesting

    Aren't they protected from liability as long as they act as "dumb pipes"? Doesn't his mean they are opening themselves up for liability? Yeah, I understand the ones that own media companies but what about the rest? Seems like a way to lose customers is all.

    Everyone should draw a crappy picture in paint, host it on something free like google sites, and spread links that bring people to a second page that says "You don't have permission to click this link" with a link to the picture itself. Then bring copyright complaints to all the ISPs of all the people who inevitably click that and hence download your copyrighted crap without permission. Flood the fuckers.

    1. Re:Why the hell are the pure ISps doing this? by Ice+Station+Zebra · · Score: 1

      Mode this one up. AC is right on what needs to happen.

    2. Re:Why the hell are the pure ISps doing this? by kelemvor4 · · Score: 4, Informative

      Aren't they protected from liability as long as they act as "dumb pipes"? Doesn't his mean they are opening themselves up for liability? Yeah, I understand the ones that own media companies but what about the rest? Seems like a way to lose customers is all.

      Everyone should draw a crappy picture in paint, host it on something free like google sites, and spread links that bring people to a second page that says "You don't have permission to click this link" with a link to the picture itself. Then bring copyright complaints to all the ISPs of all the people who inevitably click that and hence download your copyrighted crap without permission. Flood the fuckers.

      They aren't going to be losing customers because in MOST markets there is no competition for a customer to choose. With very little risk to their market share they don't have a lot to lose.

    3. Re:Why the hell are the pure ISps doing this? by flayzernax · · Score: 1

      They are also government protected monopolies. People like to think our ISPs run on a free market system but its no better then a country like Brazil. In order to be permitted to sell internet other then dial up the palm greasing you need to do is probably in the order of billions or trillions now.

    4. Re:Why the hell are the pure ISps doing this? by stephanruby · · Score: 3, Insightful

      Yeah, I understand the ones that own media companies but what about the rest? Seems like a way to lose customers is all.

      You're not just the customer, you're the product (some of you already locked-in by contracts). For those ISPs that are not owned by big media conglomerates, they'll just get money for the ad-impressions that are generated by this surveillance system.

    5. Re:Why the hell are the pure ISps doing this? by Beavertank · · Score: 1

      IANAL, but, the issue doesn't seem to be quite that simple. ISPs argue strenuously that they're not actually common carriers (the legal term of art for basically being "dumb pipes") because there is a feeling that it would bring them under FCC Title 2 regulation instead of Title 1 regulation. Whether or not that's correct is still an open question.

      But the other way that being a "dumb pipe" comes into play is with the DMCA safe harbor exception (which is 17 U.S.C. Section 512). There, an ISP isn't liable for infringing material passed through its network if (among other things) "the transmission, routing, provision of connections, or storage is carried out through an automatic technical process without selection of the material by the service provider".

      So the bit-torrent throttling Comcast was trying a couple years ago might have put it outside of the DMCA safe harbor, but simple monitoring like this probably wouldn't.

      The only part of the safe harbor where knowledge comes into play is when an ISP stores files on its servers at the request of users (so, a webhost, or dropbox). In that case the ISP is only protected from liability if they have no actual knowledge of the presence of infringing material.

    6. Re:Why the hell are the pure ISps doing this? by Tom · · Score: 2

      Everyone should draw a crappy picture in paint, host it on something free like google sites, and spread links that bring people to a second page that says "You don't have permission to click this link" with a link to the picture itself. Then bring copyright complaints to all the ISPs of all the people who inevitably click that and hence download your copyrighted crap without permission. Flood the fuckers.

      That's not a stupid idea.

      What is the procedure for filing a complaint under this system? I'd really love to write a script and post it in github for everyone to copy.

      --
      Assorted stuff I do sometimes: Lemuria.org
    7. Re:Why the hell are the pure ISps doing this? by Anonymous Coward · · Score: 0

      Moding up now

    8. Re:Why the hell are the pure ISps doing this? by hairyfeet · · Score: 5, Interesting

      Not to mention everyone here seems to be missing the point of WHY they were so quick to jump on the bandwagon...does anybody here think these megacorp ISPs give a rat's ass about any copyrights they don't profit from? Fuck no but what they DO care about is customers actually getting what they paid for!

      You see folks for years the ISP have oversold the HELL out of their lines, in some cases claiming a good 5 times what they could actually deliver because they counted on so few people actually using what they paid for they could get away with it. Then a funny thing happened....people actually started using their connections. oh they'll SAY its because of piracy, but that is bullshit as I've known plenty of pirates and most are still downloading DVDrips that suck a hell of a lot less bandwidth than somebody like me who doesn't pirate uses. Where is my bandwidth going? Steam, Hulu, YouTube and for awhile Netflix.

      See the ISPs don't like this for a couple of reasons. One since they are all now in the content business, an obvious conflict of interest BTW, well they sure as fuck ain't gonna be happy if you are watching Hulu instead of paying them for their overpriced channel packages are they? Not gonna be watching their PPV if you already have netflix, and if you are using Steam or OnLive that is hours you COULD have been giving them money for content that went to gaming companies instead, can't have that. The second reason hurts their bottom line even worse, for years they haven't added shit as far as new lines and capacity and now that even grandma is using YouTube and Hulu that means if they don't find a way to "thin the herd" of those that actually use what they paid for? Good God man, they may actually have to...gasp!....stop handing all the money out as bonuses to the execs! The horror!

      So I have NO doubt that the first ones to see six strikes? Will NOT be pirates, it'll be the ones actually using close to the full amount they paid for. The Steam users, netflix and Hulu users, all those that get close to their cap every single month will get a "uh oh, you used what you paid for, you dirty filthy pirate you" and run out on a rail. that way they can keep falsely advertising their have more capacity than they have, keep giving the profits as bonuses, and keep their content making crazy money because that doesn't go against your cap don't ya know.

      --
      ACs don't waste your time replying, your posts are never seen by me.
    9. Re:Why the hell are the pure ISps doing this? by Anonymous Coward · · Score: 1

      What is the procedure for filing a complaint under this system?

      Nobody actually knows. It is something on the close order of:
      Be a large "media company" and submit some samples to some automated system so that some other automated system can do some pattern recognition on it and deem other content as infringing on your copyright." (Similar to how TWiT gets take-downs from YouTube when they simply cover some other report.) If you mean, "how can I, as a little guy, add my legitimate content to this system?", then the answer is, "the system isn't made to help you."

    10. Re:Why the hell are the pure ISps doing this? by dissy · · Score: 2

      What is the procedure for filing a complaint under this system? I'd really love to write a script and post it in github for everyone to copy.

      They only accept complaints through the RIAA and MPAA.

      The procedure would be to become a MPAA member and request they make a complaint in your name.

      You didn't think this system was for the copyright holders did you?

    11. Re:Why the hell are the pure ISps doing this? by AmiMoJo · · Score: 2

      The procedure is you have to hire an expensive legal firm to submit requests to the ISP. They carefully priced it is that it isn't worth while for individuals and small companies, only large ones that can do tends of thousands of requests at a time.

      --
      const int one = 65536; (Silvermoon, Texture.cs)
      SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
    12. Re:Why the hell are the pure ISps doing this? by nabsltd · · Score: 1

      Aren't they protected from liability as long as they act as "dumb pipes"? Doesn't his mean they are opening themselves up for liability? Yeah, I understand the ones that own media companies but what about the rest?

      The ones that own media companies could be in even more trouble, if another media company decides to break ranks (which happens all the time in disputes over carry fees).

      Suppose that Disney claimed that Comcast wasn't passing on as many infringement notices for Disney material as they should, but were passing on everything for NBC/Universal?

    13. Re:Why the hell are the pure ISps doing this? by nabsltd · · Score: 1

      You see folks for years the ISP have oversold the HELL out of their lines, in some cases claiming a good 5 times what they could actually deliver because they counted on so few people actually using what they paid for they could get away with it.

      If your theory was correct, then Verizon shouldn't be part of this, as they don't oversell their wired connections. They really do have full bandwidth available to every user. There are times where DSL doesn't get full speed, but that is because of the distance from the CO, not the lack of network bandwidth.

    14. Re:Why the hell are the pure ISps doing this? by hairyfeet · · Score: 2

      Allow me to quote from Wikipedia under products and services, emphasis mine: "Verizon launched its FiOS Video service in Keller, Texas on September 22, 2005. FiOS TV uses an optical fiber network to deliver more than 500 total channels, more than 180 digital music channels, more than 95 high-definition channels, and 10,000 video-on-demand titles.

      What did I say the first reason was again? Because they were not liking competition with their content services? Well there ya go, there is your reason, if you are using Hulu and netflix and Steam you ain't buying their TV channels and PPV, can't have that. How much you wanna bet THEIR services don't count against your cap?

      --
      ACs don't waste your time replying, your posts are never seen by me.
    15. Re:Why the hell are the pure ISps doing this? by TapeCutter · · Score: 1

      I put it in up mode and it scrolled off the screen...

      --
      And did you exchange a walk on part in the war for a lead role in a cage? - Pink Floyd.
    16. Re:Why the hell are the pure ISps doing this? by TapeCutter · · Score: 2

      Trillions? To paraphrase Bill Maher (sic?) - "If you take the net worth of the average ISP and add it to a trillion dollars, you still only have a trillion dollars".

      --
      And did you exchange a walk on part in the war for a lead role in a cage? - Pink Floyd.
    17. Re:Why the hell are the pure ISps doing this? by nabsltd · · Score: 1

      What did I say the first reason was again? Because they were not liking competition with their content services?

      Verizon isn't a content provider, and they don't care how they get your money. They're more than happy to have you pay for FiOS or DSL without getting TV service, because they make a lot more profit from being an ISP, as the costs are mostly already paid, so $60 for FiOS gets them around $50 in gross profit, while $60 for TV gets them about $10, and that $4.95 PPV only gets them about $0.50 (the rest goes to the content providers).

      I absolutely agree that cable companies that are also ISPs want you to use less Internet and more of their "TV" services, as they don't have enough bandwidth to keep the bits flowing as fast as people want, and they are afraid they might lose customers to other services.

    18. Re:Why the hell are the pure ISps doing this? by hairyfeet · · Score: 1

      Oh you can bet your last dollar they are getting a juicy cut of that content money, why else would they offer it? Sure they may make MORE money from their ISP sales but that doesn't mean you give up the extra money of bringing content, especially when you see how much that can bring in.

      But this highlights the REAL problem and that is collusion . All these megacorps have long term business relationships and as we've seen time and time again its "You scratch my back I'll scratch yours" which inevitably leads to conflicts of interest. But I agree that the cablecos are probably the worst at this because they own the content delivery so its against their best interests for you to use anything other than their services and thanks to caps they can steer you by the nose where they want you to go. i know I no longer use netflix because I kept running into the cap and the ISPs offerings are cap free so they have already begun steering me where they want me to go but sadly its them or AT&T in my area and AT&T DSL is beyond crap here, we are talking max speeds of 5Mbps and lows as low as 700Kbps, too low to be usable to me.

      --
      ACs don't waste your time replying, your posts are never seen by me.
    19. Re:Why the hell are the pure ISps doing this? by Shagg · · Score: 1

      Everyone should draw a crappy picture in paint, host it on something free like google sites, and spread links that bring people to a second page that says "You don't have permission to click this link" with a link to the picture itself.

      That's not copyright infringement.

      Then bring copyright complaints to all the ISPs

      What makes you think you or I can bring copyright complaints to the ISPs under the six strikes policy? I would assume they only accept complaints from the RIAA/MPAA/etc.

      --
      Unix is user friendly, it's just selective about who its friends are.
  5. break up this monopoly by Anonymous Coward · · Score: 2, Insightful

    "residential Internet accounts are the focus of our program. The vast majority of businesses, including those like Starbucks that provide legitimate open Wi-Fi connections, will have an Internet connection that is tailored to a business operation and these business networks are not part of the CAS and will never be sent a Copyright Alert."
      the rest of the site looks like an advertisement for the major media companies, directing you to "their" content as if it is the only game in town, while appearing to mom and dad as an official legal page

    1. Re:break up this monopoly by Anonymous Coward · · Score: 0

      Hang on- does that mean if I have Comcast Business class, I won't be subject to CAS monitoring?

      I've got true unlimited bandwidth, symmetric 30gb connection, plus no CAS- and all I had to do was pay them a little more?

  6. Ugh by JWW · · Score: 5, Interesting

    The fact that the content industry has no problems with having the ISP industry monitoring their CUSTOMERS use of the Internet makes me sick.

    Some rights are more important than others. My right to not be spied on by a company I (not the content industry) am doing business with is much more important than the content industries desire to make sure they're paid every dime they think they deserve.

    The ISPs should have fought like hell to achieve a common carrier status which would have allowed them to tell big content to pound sand. Oh and as for the content industry owning many ISPs our government should have never allowed that.

    I'll say it again. If your business model requires a police state to be viable, you need to fucking go out of business.

    1. Re:Ugh by Anonymous Coward · · Score: 2, Informative

      Technically, your ISP isn't spying on you. They will only send you a notice if they are alerted by a content provider.

    2. Re:Ugh by stephanruby · · Score: 2

      The fact that the content industry has no problems with having the ISP industry monitoring their CUSTOMERS use of the Internet makes me sick.

      It may make you sick, but it's nothing new.

      The ISP industry has always tried various ways of getting into the double-dipping business.

      Hell!! Even my freaking TiVo started inserting interactive ads every time I touch its menu. For some executives, it really doesn't matter if they're killing off their company in the long term, if it means that they can increase their revenue in the short term.

    3. Re:Ugh by Skapare · · Score: 3, Interesting

      If they can insert content into your data stream in the place that makes it pop up, then they have to be able to look at that stream. Spying!

      --
      now we need to go OSS in diesel cars
    4. Re:Ugh by jd2112 · · Score: 3, Informative

      The fact that the content industry has no problems with having the ISP industry monitoring their CUSTOMERS use of the Internet makes me sick.

      Some rights are more important than others. My right to not be spied on by a company I (not the content industry) am doing business with is much more important than the content industries desire to make sure they're paid every dime they think they deserve.

      The ISPs should have fought like hell to achieve a common carrier status which would have allowed them to tell big content to pound sand. Oh and as for the content industry owning many ISPs our government should have never allowed that.

      I'll say it again. If your business model requires a police state to be viable, you need to fucking go out of business.

      Most of the largest ISPs are owned by content providers (Time-Warner) or own content providers (Comcast) or have business interests working with content providers (all cable internet providers)

      --
      Any insufficiently advanced magic is indistinguishable from technology.
    5. Re:Ugh by Nyder · · Score: 2

      The fact that the content industry has no problems with having the ISP industry monitoring their CUSTOMERS use of the Internet makes me sick.

      ...

      The Content owners own the big ISP's.

      --
      Be seeing you...
    6. Re:Ugh by couchslug · · Score: 1

      Google should start "divide and conquer" by buying large chunks of the content industry and giving them marching orders to cease that shit.

      This is about money, not principle. We I rich enough I'd gladly buy firms whose politics I disagreed with and reform them or Bain them to profitable destruction.

      --
      "This post is an artistic work of fiction and falsehood. Only a fool would take anything posted here as fact."
    7. Re:Ugh by spire3661 · · Score: 1

      That Tivo thing pissed me off. Not only do i consider Tivo service outrageously overpriced, they had the gall to insert ads too.

      --
      Good-bye
    8. Re:Ugh by soundguy · · Score: 1

      That's because you opted for the monthly payment. Buy the lifetime service plan for a couple hundred bucks and be done with it. My first Series 1 Tivo from 1999 (with lifetime service) is still being used at my vacation home. The cable provider there still has an analog tier. My service cost over that time period is about 75 cents per month. Not what I'd call "outrageously overpriced"?

      re: the ads. What ads? The only ones I've ever seen on the digital boxes are lines of text at the bottom of the menu screen. Virtually invisible. I've had an HD box for about 3 years and I couldn't tell you what a single one of them was pimping. If you find them "annoying", maybe you need to work on your concentration skills.

      --
      Nothing worthwhile ever happens before noon
    9. Re:Ugh by spire3661 · · Score: 1

      I ended up building a Core i5 mini-itx HTPC for slightly more then the cost of Tivo 'lifetime' service. Infinitely more powerful and flexible then any Tivo, ever. Records 4 streams, 3 TB of storage (+ a hot swap external bay), automatically strips out commercials and compresses the shows to more efficient formats. It is also significantly smaller then my Tivo Premiere and looks just as at home in the A/V rack. No subscription cost at all. When my Hard drive fills up I pull it out and add it to the NAS and pop in a new one for the DVR. Tivo is a joke.

      In addition to the standard DVR duties my HTPC also does all this:


      Minecraft server
      Remote Potato Guide server
      MCEBuddy
      DYNDNS keep alive
      Quake server
      Virtual machine server
      MAME, NES, SNES, N64, Dreamcast, PSX emulator w/ real arcade controls

      If you like Tivo, awesome, but its expensive and technologically inferior on almost every front.

      --
      Good-bye
    10. Re:Ugh by stephanruby · · Score: 1

      Remote Potato Guide server

      Is that some kind of Farmville game?

    11. Re:Ugh by DKlineburg · · Score: 1

      I thought Potato(e) gun.

      --
      Memory is deceptive because it is colored by today's events. - Albert Einstein
    12. Re:Ugh by spire3661 · · Score: 1

      Remote Potato is how you interface with the channel guide remotely. Setup recordings, download shows etc.

      --
      Good-bye
    13. Re:Ugh by Rakarra · · Score: 1

      What do you use for a front-end? Back when I was trying to record OTA HD streams the MythTV frontend was unusably bad for HD.

      The big killer for me was that my HTPC wasn't going to be able to use the Cablecards required by the cable company. The Tivo could handle them, open-source solutions were not authorized.

  7. Popup? by Anonymous Coward · · Score: 5, Interesting

    Browser hijacking popup?

    Noscript says "wat?"

    1. Re:Popup? by QuantumRiff · · Score: 2

      They probably hijack your DNS, or do deep packet inspection, and return their page as the answer. Not sure if NoScript will help you with that.

      --

      What are we going to do tonight Brain?
    2. Re:Popup? by BrokenHalo · · Score: 1

      It probably won't, but there's nothing to say you have to use your ISP's DNS. You could even run your own if you felt like it. And if you routed your traffic through a VPN, packet inspection will probably just be a waste of resources.

    3. Re:Popup? by Rob+the+Bold · · Score: 2

      They probably hijack your DNS, or do deep packet inspection, and return their page as the answer. Not sure if NoScript will help you with that.

      Time Warner had already been screwing around with DNS results for me, and I had to switch to Google's DNS. I wasn't even attempting anything naughty, as far as I knew.

      --
      I am not a crackpot.
    4. Re:Popup? by Anonymous Coward · · Score: 0

      I wonder if Tor would circumvent it...

    5. Re:Popup? by Anonymous Coward · · Score: 0

      I wonder if Tor would circumvent it...

      Don't overthink it. SSL prevents DPI. Running your own validating DNS resolver prevents DNS poisoning.

      As for Tor, well, I can think of plenty of hosts which restrict or even outright block exit nodes due to the abusiveness the anonymity tends to evoke from your typical borderline asshat.

    6. Re:Popup? by KiloByte · · Score: 1

      How exactly switching to any other DNS would help? Unless they subvert only data on the DNS that's handed over via DHCP but leave all other port 53 traffic, queries will be mangled just the same. There's little you can do there other than tunnelling all DNS somehow.

      --
      The creatures outside looked from Alt-Right to Antifa; but already it was impossible to say which was which.
    7. Re:Popup? by Rob+the+Bold · · Score: 1

      How exactly switching to any other DNS would help? Unless they subvert only data on the DNS that's handed over via DHCP but leave all other port 53 traffic, queries will be mangled just the same. There's little you can do there other than tunnelling all DNS somehow.

      Hell if I know. Switching to a statically defined DNS fixed the problem, so I didn't investigate further. Curiously, Chrome browser wasn't affected. Other browsers, ping, traceroute, etc. were. Maybe Chrome bypasses the DHCP-assigned DNS, I dunno.

      --
      I am not a crackpot.
    8. Re:Popup? by Rakarra · · Score: 1

      That just means you don't see the warnings. They're there for information, it doesn't mean you escaped culpability.

  8. Is this not a form of wire tapping? by smartin · · Score: 5, Insightful

    It seems to me that the content of an IP packet should be protected under wiretapping laws. What gives the ISPs the right to monitor my traffic. If they do have this right, do they also have the right to break or somehow spoof encrypted traffic as well?

    --
    The difference between Canada and the USA is that in Canada healthcare is a right and gun ownership is a privilege.
    1. Re:Is this not a form of wire tapping? by poofmeisterp · · Score: 3, Informative

      It seems to me that the content of an IP packet should be protected under wiretapping laws. What gives the ISPs the right to monitor my traffic. If they do have this right, do they also have the right to break or somehow spoof encrypted traffic as well?

      The ISP has the right to monitor your traffic because you signed an agreement that says they are allowed to, and are allowed to take action.

      They aren't breaking encrypted traffic; the endpoints are the endpoints whether the traffic is encrypted or not. If one of those endpoints is a "MarkMonitor" entity, they are perfectly within their right to receive any information they do.

      Now, if only a totally encrypted environment existed with no palatable way to identify users..... Oh, wait, Freenet does exist. It's just so damned slow that using it is, well.. feasible, but not something fast-paced people (read: most) are going to accept. However, it is an option.

    2. Re:Is this not a form of wire tapping? by helobugz · · Score: 1

      The terms of service they imposed on you before CAS took effect negate this issue. Go ahead and sue them anyway. I dare you!

    3. Re:Is this not a form of wire tapping? by Anonymous Coward · · Score: 0

      The ISP isn't monitoring anything, the reports of Copyright violations are coming from the Content Providers, not the ISPs.

    4. Re:Is this not a form of wire tapping? by Tom · · Score: 2

      The ISP has the right to monitor your traffic because you signed an agreement that says they are allowed to, and are allowed to take action.

      There are limits to what you can legally sign away.

      For example, in my country you can not legally sign a contract that allows someone else to kill and eat you. It's still murder. Yes, there was an actual court case to try this.

      Likewise, if wiretapping laws make it illegal to monitor traffic, then they need to allow for such an exception or it's still wiretapping.

      Now I'm fairly confident the lawmakers aren't so stupid that they didn't think of including that exception into the law, but still, in general, just because you sign something doesn't mean it's legal. There's a lot of rights you can not sign away and a lot of contracts that are invalid.

      --
      Assorted stuff I do sometimes: Lemuria.org
    5. Re:Is this not a form of wire tapping? by poofmeisterp · · Score: 1

      Exactly, that is what the commercial entities having you sign documents hope for. they hope that you have absolutely no clue how the law works, and that you will give into anything that they say, and not question it.

      It will be interesting to see what happens with this. I can't wait. :)

    6. Re:Is this not a form of wire tapping? by skine · · Score: 1

      You say that as if wiretapping laws are used anymore.

      Well, except by police officers who don't want to be recorded.

    7. Re:Is this not a form of wire tapping? by WaffleMonster · · Score: 1

      It seems to me that the content of an IP packet should be protected under wiretapping laws. What gives the ISPs the right to monitor my traffic. If they do have this right, do they also have the right to break or somehow spoof encrypted traffic as well?

      I dislike CAS as much as everyone else but lets be real about what is and is not happening here.

      The ISPs are not searching their pipes for infringements they are being notified by rights holders...although it is anyones guess how rights holders are determining infringement.. most obvious low hanging fruit is P2P where your participation in a torrent is essentially public knowledge and requires no spying or intercepting of pipes.

      I dislike CAS for handing the phishers a gift from heaven.

      I think CAS is illegal because it plays the roles of jury and executioner based on alligations alone. This is not how we roll in the US.

      CAS may be explioted as an attack vector to deny "frenemies" internet access by continuous impersonation of infringement. See also http://en.wikipedia.org/wiki/Swatting

      CAS may be leveraged to effectivly deny legitimate activities such as a customer choice of open access policy or hosting a tor node to support freedom in oppressed regions.

      There is little to no information about how infringement is determined or information about the presence of humans anywhere in the loop of generation and processing of notifications.

      That ISPs would choose to implement something like this speaks to an underlying problem of over aggregation and insufficient competition in the ISP marketplace.

      It is not enough simply to work to defeat CAS. We need to support and find ways to reserrect the local ISP. Muni fiber, legislation even locally to open up cable and telcom infustructure to competitition on a fair and reasonable basis. Commercial aggregation of control over the pipes scary given most of these outfits are also cable and media monopolies.

  9. I find myself torn.... by mark-t · · Score: 5, Insightful

    If, as is described on the copyrightinformation.org website, the copyright alert system is implemented such that the IP addresses it gathers genuinely are being used by infringers, I don't have much of a problem with this, since I don't download infringing content, nor do I do anything which might permit or enable other people to use my internet connection who may, and I do not hold much sympathy for those who do.

    There are, however, two major flaws that concern me greatly. The first is that if they are falsely alleging that a subscriber infringed on copyright with one of these alerts, the subscriber cannot actually challenge the alert until after about the 3rd or 4th one. The other issue, an even bigger one, is that all of the alerts, even including the ones which permit an alleged perpetrator to appeal, are worded very much like a form letter, and do not contain any particulars about the accusation, like what work was allegedly infringed on, which network the alleged infringement occurred on, when it occurred, etc. It doesn't even identify the *TYPE* of alleged infringing content, which strikes me as incrediby unfair.... and has a very similar feel in my opinion to the notion of, say, being stopped and given a warning by a police officer, but them not telling you what it was that you supposedly even did. If you don't know what they are even talking about, then how are you expected to sensibly respond, beyond calling them liars?

    1. Re:I find myself torn.... by mcgrew · · Score: 1

      I don't have much of a problem with this, since I don't download infringing content, nor do I do anything which might permit or enable other people to use my internet connection who may

      First they came for the pot smokers, and I remained silent because I'm not a pot smoker. Then they came for the copyright infringers, and I remained silent because I'm not a copyright infringer...

    2. Re:I find myself torn.... by mark-t · · Score: 2

      The difference between your Martin Niemoller reference and what I am saying is that what they are going after, is that in Niemoller's case, the people "they came for" may have, at worst, been considered the fringes of society, but they weren't necessarily doing anything that was previously against the law. Copyright infringement actually *IS* illegal, and has been for quite a long time. I have absolutely no problem whatsoever if people who infringe on copyright could be reasonably held accountable for their actions. You certainly can't argue that it's even a remotely unusual thing for many people in our society to do today. Heck when the subject comes up, and I tell people that I don't download songs or movies online other than ones that I've paid for or are otherwise authorized to get, a lot of people look at me like I'm somehow abnormal. I would speculate that the ratio of people who download infringing content to people who never do is probably at least 3 to 1 (although many I've met naively believe that there can't be anything wrong with what they are doing on the grounds that so many other people do it all the time).

    3. Re:I find myself torn.... by mark-t · · Score: 1

      As that response, in the context I provided, would be nothing less than nonsense, should I take your comment to mean that you just felt it necessary to really respond to what I had originally thought was just a rhetorical question? Or should I infer from it that the most productive thing you felt you could possibly add to my comment was to refer to the fact that my above comment employs a construction which was once considered a grammatical error, but that is no the longer the case? If the latter, I might suggest you're off topic. If the former... well... you seem to get it. Good for you (golf clap)

    4. Re:I find myself torn.... by Belial6 · · Score: 1

      Don't stop at copyright infringement "on a computer". Tell us how you don't commit copyright infringement at all. How you refuse to sing happy birthday in a my public place like restaurants. How you never tell a joke that you heard someone else say... That sort of thing.

    5. Re:I find myself torn.... by Anonymous Coward · · Score: 0

      Smoking pot is legal?

      There may be all sorts of moral and ethical reasons a person might be involved in questionable activity by government and corporate standards, however one would expect the same entities actually address similar issues of their own and go about the root causes, not remove entirely "due process" and go heavy-handed on the weakest groups, so people like yourself can feel all smug, entitled and above all the commoners.

      Because you'll find, one day they WILL come for you.

    6. Re:I find myself torn.... by mark-t · · Score: 1

      Singing "happy birthday" to somebody you personally know, even in a public place, is a well established case of fair use, and not infringing on copyright, because the song is not being sung for the benefit of the public, but only for people personally known to those who are singing. If it were sung in such a way that it was apparent there was some deliberate intent for other people to hear it (and not merely a side effect of simply being nearby), then a copyright violation could be applicable, but such an intent would have to be pretty obvious... like standing up on a chair to be heard further, or singing/speaking in an unusually loud volume.

      Employees of an establishment may be prohibited from singing such a song because since they are being paid, and fair use cannot apply, even if they personally know the people they may be singing to.

      For what it's worth though... no, I don't sing happy birthday in public because it's embarrassing.

      Jokes contain standard elements that are not, themselves, generally subject to copyright. There is also a significant difficulty that arises with even establishing that you originated a particular joke, since many are delivered verbally, which renders most attempts to claim any sort of copyright on them as moot.

    7. Re:I find myself torn.... by mark-t · · Score: 1

      Smoking pot is legal?

      Depends on your jurisdiction. Where I live, it's borderline, and probably on the verge of being legalized within the next couple of years.

      However, I neither consider myself particularly entitled or above any so-called commoner (I consider myself a commoner). I do, however, hold a lot of respect for the general concept of copyright, even if I do not necessarily respect all of the methods that are employed by organizations which utilize it. Infringing on copyright, however, weakens its practicality for *ALL* copyright holders, and as confidence in copyright to protect a holder's interest wanes, they can and almost certainly will resort to other means to protect their interests which can only result in a vastly reduced practical availability of future works as they resort to self-censorship, artificially limiting distribution, and other tactics.

    8. Re:I find myself torn.... by Anonymous Coward · · Score: 0

      The fact you expect no false positives is pretty cute.

      Hope you don't play wow or download linux over bittorrent, as you will eventually trigger one of the keywords on the list.

      You would have been wise to have posted anonymously. After you receive your 6th notice, the EFF may decide not to help a supporter of the system.

    9. Re:I find myself torn.... by mark-t · · Score: 1

      You didn't read what I wrote very closely, did you? >p> Anyways, it's not the ISP's thar are trying to detect infringement, it's the companies that own the content, who would have no way to detect you were infringing on copyright in the first place unless the saw you downloading their content. The only way the mistakes you describe could occur (and I don't dismiss their possibility) is if they misidentify some particular content as their own.

      Of course, as I said, since the alert doesn't contain any particulars about what was allegedly infringed on or when or where or anything that might remotely be used as a basis to appeal, the system as it stands needs a whole lot of improvement.

    10. Re:I find myself torn.... by cpt+kangarooski · · Score: 1

      Copyright infringement actually *IS* illegal, and has been for quite a long time. I have absolutely no problem whatsoever if people who infringe on copyright could be reasonably held accountable for their actions. You certainly can't argue that it's even a remotely unusual thing for many people in our society to do today.

      And therein lies the problem. If so many people do it (you yourself estimate that 75% of the population does) then why should it be illegal at all?

      Most people probably break the speed limit whilst driving, but at least there is a real safety issue involved. And if enforcement became total, I doubt that the penalties would be allowed to remain substantial for violations of 5-10 mph over the limit -- the public outcry would be too much.

      And during prohibition, most people who wanted to drink managed to anyway. And the negative effects of enforcement efforts, up to and including the rise of organized crime and widespread violence and corruption, ultimately led to a frickin' constitutional amendment being ratified!

      If copyright were really important, like desegregation, then I could see pushing it down the throats of an unwilling and unruly populace. But it's not. Infringement isn't even wrong, copyright being an amoral issue. (Though if morality were a factor, surely it would not favor copyright holders who seek to lock up knowledge out of mere greed)

      If everyone is breaking the law, and we intend to live in a place where the legitimacy of the government comes from the consent of the governed, then the correct choice of action is to legalize what those people are doing, absent a really important reason to do otherwise. And the more that enforcement of the current law is stepped up, the more likely it becomes that people will flock to a reform effort that could easily result in the copyright maximalists winding up worse off than if they had just ignored it.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    11. Re:I find myself torn.... by nabsltd · · Score: 1

      If, as is described on the copyrightinformation.org website, the copyright alert system is implemented such that the IP addresses it gathers genuinely are being used by infringers, I don't have much of a problem with this, since I don't download infringing content, nor do I do anything which might permit or enable other people to use my internet connection who may, and I do not hold much sympathy for those who do.

      The software being used to determine IPs in the "Copyright Alert System" is the same one that sent a DMCA notices to laser printers.

      Still feel certain you won't be getting an alert?

    12. Re:I find myself torn.... by nabsltd · · Score: 1

      The only way the mistakes you describe could occur (and I don't dismiss their possibility) is if they misidentify some particular content as their own.

      Or for them to misidentify anything, like whether that IP ever uploaded anything or not (as in the case of the laser printers). It's just one step farther to "no computer at that IP ever ran any file sharing software", and with no penalty for incorrect accusations (and they get 4-5 per IP before they can even be called on it), I guarantee you that lots of false positives will occur, since accuracy isn't the #1 priority on their agenda.

    13. Re:I find myself torn.... by crtreece · · Score: 1

      Smoking pot is legal?

      In the US states of Colorado and Washington, it is if you are over 21. 14+ (including Colorado and Washington) states also have laws allowing cannabis to be used as medicine.

      --
      file: .signature not found
    14. Re:I find myself torn.... by Anonymous Coward · · Score: 0

      You're not at 5 because this is false.

      >because the song is not being sung for the benefit of the public, but only for people personally known to those who are singing.

      That's not 'fair use'.

    15. Re:I find myself torn.... by CrimsonAvenger · · Score: 1

      And during prohibition, most people who wanted to drink managed to anyway.

      Note that it was NOT illegal to drink alcohol during Prohibition.

      Nor was it illegal to OWN alcohol.

      What was illegal was making it and selling it.

      And the negative effects of enforcement efforts, up to and including the rise of organized crime and widespread violence and corruption, ultimately led to a frickin' constitutional amendment being ratified!

      I'm assuming you're talking about the Constitutional Amendment that repealed the Constitutional Amendment that allowed Prohibition in the first place?

      Note that "ultimately led to a frickin' constitutional amendment being ratified!" wouldn't have been possible without the previous Amendment, which also got the required votes in Congress and the various State Legislatures.

      --

      "I do not agree with what you say, but I will defend to the death your right to say it"
    16. Re:I find myself torn.... by cpt+kangarooski · · Score: 1

      What was illegal was making it and selling it.

      And a fat lot of good that did. Anyone who wanted to drink it wound up doing business with someone who made it and sold it.

      I remember my Grandmother telling me about how convenient it was where she grew up; the local sheriff's office was the distributor, so you could call them up and they'd deliver.

      Note that "ultimately led to a frickin' constitutional amendment being ratified!" wouldn't have been possible without the previous Amendment, which also got the required votes in Congress and the various State Legislatures.

      Yes; people legitimately thought it would be a good idea at the time. Lots of people, in fact. But it didn't take too long for that to all fall apart.

      To bring the conversation back, I think something similar is going on with copyright; people thought it was a legitimately good idea (and there is the kernel of a good idea in there, IMO) but it's kept expanding and expanding like some sort of terrible blob monster. Instead of merely expanding to the greatest extent that can be gotten away with (such as the post-prohibition landscape where alcohol is regulated but not illegal nationwide) it's going too far and will produce a backlash that may leave the copyright maximalists worse off than if they had left well enough alone.

      I am reminded of the Frederick Douglass quote: The limits of tyrants are prescribed by the endurance of those whom they oppose.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    17. Re:I find myself torn.... by mark-t · · Score: 1

      Actually it is.

    18. Re:I find myself torn.... by Anonymous Coward · · Score: 0

      I assume you have a court case to back that up?

    19. Re:I find myself torn.... by martin-boundary · · Score: 1

      Infringing on copyright, however, weakens its practicality for *ALL* copyright holders, and as confidence in copyright to protect a holder's interest wanes, they can and almost certainly will resort to other means to protect their interests which can only result in a vastly reduced practical availability of future works as they resort to self-censorship, artificially limiting distribution, and other tactics.

      Interesting, but a very passive, and mostly reactive, outlook. In particular, the repeated changes in copyright timelines, and the retroactive extinguishments of public domain already weaken copyright while you wait.

      I generally prefer the proactive outlook of supporting (anonymous,not-for-profit) piracy, so that we may *guarantee* that future generations have access to past and present works, even if it is considered illegal by current standards and causes momentary inconvenience to our generation.

    20. Re:I find myself torn.... by martin-boundary · · Score: 1

      Note that it was NOT illegal to drink alcohol during Prohibition.

      Nor was it illegal to OWN alcohol.

      What was illegal was making it and selling it.

      And copyright laws do not prohibit owning or perusing a copy, only creating and distributing a copy. So you are merely confirming the parent's point.

    21. Re:I find myself torn.... by Anonymous Coward · · Score: 0

      >Singing "happy birthday" to somebody you personally know, even in a public place, is a well established case of fair use, and not infringing on copyright, because the song is not being sung for the benefit of the public, but only for people personally known to those who are singing

      And if someone is videotaping the event, as is usually the case during birthday parties?

      I guess you're not violating copyright then, you're just making someone else do it.

      That's worse than Martin Niemoller's poem.

    22. Re:I find myself torn.... by mark-t · · Score: 1

      You can't necessarily offer that guarantee when the content maker somehow prevents people from accessing their content in the first place except under terms that they strictly control. Sure such technologies can be hacked, but not everybody is going to necessarily make use of such hacks, and the net result will still be a reduction of widespread availability of such works.

    23. Re:I find myself torn.... by mark-t · · Score: 1

      Do you have a court case to show somebody being sued for singing happy birthday to somebody that they personally knew, was not for any direct or indirect commercial benefit, and when the singing was not ever deliberately intended for the enjoyment of others who may have been in the vicinity?

      I mean, I can't find a court case to show that it's legal for me to have a hard boiled egg for breakfast tomorrow either... that doesn't mean it isn't true.

    24. Re:I find myself torn.... by DKlineburg · · Score: 1

      Than we all sat in church and sang songs as loud as we could because we didn't want to listen to the trains going by.

      --
      Memory is deceptive because it is colored by today's events. - Albert Einstein
    25. Re:I find myself torn.... by mcgrew · · Score: 1

      Copyright infringement actually *IS* illegal, and has been for quite a long time.

      So is smoking pot. Some laws are just wrong; Woodstock should be in the public domain.

      I have absolutely no problem whatsoever if people who infringe on copyright could be reasonably held accountable for their actions.

      The same goes for your friends and family who smoke pot? You're OK with that waste of tax dollars and human lives?

      I would speculate that the ratio of people who download infringing content to people who never do is probably at least 3 to 1

      So you think that a law that in your words 3/4 of the citizenry disobeys is somehow a just law?

      many I've met naively believe that there can't be anything wrong with what they are doing on the grounds that so many other people do it all the time

      No, it's because the activity harms nobody. As Cory Doctorow points out in one of his books, nobody has ever lost a dime to piracy, but many artists have starved from obscurity. Every study done that wasn't bankrolled by the MAFIAA liars say that piracy HELPS sales.

      Copyright law used to say that a work must be "affixed in tangible form." Digital copies swapped noncommercially should not be infringing, and the copyright term should be cut back down to where it was in 1900. If these changes were made, your friends would be legal.

      BTW, I'm a "content creator" myself. My first book is out in e-edition only (and free), if I make any money on it, it will be from sales of dead-tree books. Without my posting it on the internet (and I seeded Pirate Bay with it myself), I wouldn't have a chance of selling a single copy.

      Today's copyright laws are harmful to the actual artists and writers, and are geared solely to keeping the gravy train running for the parasitic corporate middlemen who add little or no value to a work.

      The laws need to change.

    26. Re:I find myself torn.... by mark-t · · Score: 1

      So you think that a law that in your words 3/4 of the citizenry disobeys is somehow a just law?

      I think that 3/4 of the citizenry are too shortsighted to realize the long-term benefits of actually adhering to the principles of copyright (or perhaps even more importantly the long-term consequences upon society when they don't) and are instead too obsessed with having whatever they want at that exact moment.

    27. Re:I find myself torn.... by Belial6 · · Score: 1

      It is well established that "for personal use" is not a valid exemption to copyright. And it is also well established that having standard elements or not knowing the identity of the original author are also not valid exemptions to copyright.

      You are a good example of the copyright hypocrite. The guy that claims everyone else's copyright violations are unacceptable, but his are OK. Of course people don't see anything wrong with copyright infringement, since they have never met anyone over the age of 5 that doesn't commit it. That includes the people who preach how evil it is.

    28. Re:I find myself torn.... by mcgrew · · Score: 1

      I think that 3/4 of the citizenry are too shortsighted to realize the long-term benefits of actually adhering to the principles of copyright

      The principles of copyright were discarded in the last century. Copyright, at least in the US, was supposed to give inventors and artistists a limited time monopoly on their works so it would enrich society, not fat cat corporate middlemen. Today's copyright laws serve no purpose whatever to society and only serve the corporatates. There are no long term societal benefits of today's copyright laws. Introduce sane laws and sane people will respect them. Today's laws deserve no respect.

    29. Re:I find myself torn.... by mark-t · · Score: 1

      They still serve more public benefit than the alternative. I don't advocate for one minute how copyright terms have been lengthened to durations that are absurdly beyond anything that is in line with the purpose that copyright originally served. But copyright's fundamental purpose still remains intact, so long as people adhere to it.

      If (or when, perhaps) they don't., alternatives will certainly be used... ones which are even more self-serving than what we have seen in the past, again, motivated only by what is perceived as immediate gain over long term benefits to society, and are certain to cause a net negative availability (per capita, at least) of works in the future.

      Disregarding what they want won't make it go away... it will only make them fight ever harder for ever more control. And it is a fight that society pays the price for. All because all the parties that are involved in the dispute are too damn shortsighted to see what they will leave behind in the centuries to come.

    30. Re:I find myself torn.... by Common+Joe · · Score: 1

      One day, they'll come after you. She was ordered to stop singing, but eventually (because of backlash) she was able to sing. That doesn't mean that you can play the radio in public, though. Read the follow up article carefully.

    31. Re:I find myself torn.... by Common+Joe · · Score: 1

      Mark-t,

      I've read a bunch of your back-and-forth comments throughout this story on Slashdot. You have interesting things to say and you defend yourself very well.

      If I may be so bold, you are very defensive when people criticize you. I was ready to disagree with you on several notions (in addition to my other post which was already submitted), but decided to simply post a single comment here instead. I think my biggest problem with a lot of comments written by you is that you firmly state how you are completely legal copyright-wise and you sometimes use it as a shield. When arguing the merits of copyright (the good and the bad) using a defense of legal-is-right isn't a good shield. I think you share a lot of common ground with the people you've gone back and forth with. I do disagree with the phrase

      since I don't download infringing content, nor do I do anything which might permit or enable other people to use my internet connection who may, and I do not hold much sympathy for those who do.

      This is my biggest disagreement with you. I think it's your hang up with a lot of other Slashdotters. I don't believe that most laws are morally right. As others have pointed out, there are contradicting laws and traps within the law which will cause people to do illegal things even if they wish to do everything legal. You acknowledge this to a certain degree even in your parent post this comment.

      I do have sympathy for those who wish to be morally right. I do have sympathy who wish to preserve our artwork for future generations. I do have sympathy for those who wish make themselves more knowledgeable. I don't believe that ISPs nor any other entity have a right to eavesdrop on my conversations or watch what I do unless there is a legal (and morally just) warrant to do so. Checks and balances. Right now, I feel the checks and balances are not there. A lot of people agree with me. The illegal file sharing -- right or wrong -- is the population trying to balance out what is currently out of kilter.

      Personally, I'd like to see a copyright for 10 years and then that's it. It's public domain. It would simplify a lot of things. It would be fair. I also think that anyone should be able to sell what is copyrighted even during the 10 year term (with a fixed set of royalties going towards the copyright owner). Selling should not be exclusive to any one entity. This helps balance things out.

      My suggestion is to have a little sympathy. Not all people who pirate believe in getting everything for free.

    32. Re:I find myself torn.... by mark-t · · Score: 1

      One day, they'll come after you.

      Who will come after me? For what?

    33. Re:I find myself torn.... by Shagg · · Score: 1

      I would speculate that the ratio of people who download infringing content to people who never do is probably at least 3 to 1

      I would speculate that the percentage of internet users who have downloaded infringing content is 100%.

      I assume you meant "upload"?

      --
      Unix is user friendly, it's just selective about who its friends are.
  10. It's a ruse: the lawsuit angle by Anonymous Coward · · Score: 2

    This is not an educational system. It's a system designed to assign IP violation liability to the owner of the IP address where by eliminating arguements like "I didn't know it was occurring" or "it was an unauthorized user. I'm very glad to see scrutiny rising on the topic, there was little coverage in the days leading up.

    1. Re:It's a ruse: the lawsuit angle by Skapare · · Score: 1

      Right. This is just a side system to gather information and make arguments for lawsuits they are not mentioning. Too bad the system is already flawed ... see this post for an example of failure. If the ISP does not know what email address you actually use, you can't be notified. If you browser (and its network configuration) cannot be penetrated, you won't get a popup. They could still throttle your network down to 300 baud ... but if you are paying a premium for a higher speed, then they are not providing what is paid for in speed terms. And this all assumes that they can trace down your IP address.

      --
      now we need to go OSS in diesel cars
    2. Re:It's a ruse: the lawsuit angle by Anonymous Coward · · Score: 1

      And this all assumes that they can trace down your IP address.

      Of course they can do it. They've created a GUI interface using Visual Basic to trace copyright infrigers' IP addresses.

  11. yeah by Tom · · Score: 5, Insightful

    True. When this was first posted, I didn't need to read further than "browser pop-up" to realize it's a bad thing. I am a professional IT security expert, after a couple of years you get an intuition about stupid ideas.

    Will it work? Are you kidding me?

    Will it have unintended consequences? Nah... neeeeever... what could possibly go wrong?

    --
    Assorted stuff I do sometimes: Lemuria.org
    1. Re:yeah by Anonymous Coward · · Score: 0

      Nothing, there are best legal and technical experts working on ensuring that nothing goes wrong...

      By the way, <b><blink>WARNING! Copyright infringement has been detected from your IP address!!!</b></blink> This is second warning. After third warning your internet access will be TERMINATED PERMANENTLY and we will be obligated to pass your personal details to copyright holder for purposes of initiating LEGAL ACTION!!! Follow this <a href="hxxp://comcasst.cc/totally-reeducation-video-and-not-a-virus.exe">link</a> and/or send SMS to short number to reset warnings counter and reinstate your accesss to the internet.

    2. Re:yeah by Anonymous Coward · · Score: 0

      True. When this was first posted, I didn't need to read further than "browser pop-up" to realize it's a bad thing. I am a professional IT security expert, after a couple of years you get an intuition about stupid ideas.

      Will it work? Are you kidding me?

      Will it have unintended consequences? Nah... neeeeever... what could possibly go wrong?

      I especially like that the popup requires you to enter your account information. Now that's not going to lead to any problems.

      If that account info is their email address, that's all the keys you need to hijack their other websites login info.

  12. Guilty until proven innocent by Anonymous Coward · · Score: 1

    And let's not forget this is a system where you are guilty until proven innocent and the MPAA get's to decide who is guilty and it costs you $35 to even attempt to prove your innocence.

    1. Re:Guilty until proven innocent by mark-t · · Score: 1, Insightful

      First of all, the appeal reviews are done by the American Arbitration Association (AAA), not the recording industry. You might argue that the AAA is in the latter's pockets, but at the very least, this is not what is alleged to be the case. We'll have to see how things go.

      Secondly, you get the $35 back if the appeal is successful.

      However, because the nature of the alert does not contain any information about what work was supposedly infringed upon, I'm uncertain how an accused person who might not have had *ANY* infringing content being downloaded through their IP can sensibly respond.

      According to the grounds for appeal, most of the reasons aren't even applicable unless the person who is accused actually knows what the alleged infringing content that was downloaded and in turn identified their IP as infringing on copyright. where it was downloaded from, when, etc, Absolutely none of the alerts that the consumer receives contain any of that information.

    2. Re:Guilty until proven innocent by dcollins117 · · Score: 1

      However, because the nature of the alert does not contain any information about what work was supposedly infringed upon, I'm uncertain how an accused person who might not have had *ANY* infringing content being downloaded through their IP can sensibly respond.

      I'm sure that's by design. A feature, not a bug. They don't want millions of people trying to appeal their bogus claims, that would quickly become unmanageable. They nipped that problem in the bud by addressing it before it can become a serious problem.

    3. Re:Guilty until proven innocent by Anonymous Coward · · Score: 0

      Honestly, I do't give a flying fuck if the money is refunded - they should have reports that give proof - solid proof - or reason, and if they go after the wrong people, rightfully suffer the consequences for their fuckup.

    4. Re:Guilty until proven innocent by cheekyjohnson · · Score: 1

      Actually, they probably just shouldn't have this alert system in the first place.

      --
      Filthy, filthy copyrapists!
  13. Verizon by Anonymous Coward · · Score: 0

    I cancelled my Verizon service today. Every time I use bittorrent, my internet connection slows to a crawl. This has been going on for months, and I'm sick of it. I only used bittorrent to download old movies. I did download the Star Trek movie, but the torrent was so terrible, it was cut off at the top and had a woman's hair in the foreground (obviously recorded at a theater), so I went to see it at the theater, and paid full price, because the 'preview' I downloaded looked really cool. I probably wouldn't have seen it at all if the torrent didn't exist.

  14. You can't sign away the constitution? by dutchwhizzman · · Score: 1

    Just because you signed something, the constitution and the law still applies, right? Or is the USA constitution and law so silly that people can sign away their legal rights? If so, the USA needs to changes their laws, fast. In most civilized countries, signing something that would give one or more parties in the contract rights that violate the law, that clause is invalid.

    --
    I was promised a flying car. Where is my flying car?
    1. Re:You can't sign away the constitution? by Anonymous Coward · · Score: 0

      The US constitution is a document that spells out what the US Government can and can't do. It has no bearing between private entities. There is nothing to prevent you from signing away rights such as freedom of speech to another entity in return for something of value.

      Lawsuits end that way all the time. Settlements generally contain non-disclosure provisions preventing either side from discussing them.

      In this case the ISPs are private businesses that happen to have gotten in bed with another private business: the Entertainment industry. I as a subscriber to an ISP sign agreements allowing the ISP to do business as they see fit. Unfortunately, my only recourse is to take my business elsewhere if I don't like the way my ISP does business.

    2. Re:You can't sign away the constitution? by Anonymous Coward · · Score: 0

      The US constitution is a document that spells out what the US Government can and can't do. It has no bearing between private entities.

      This is a misunderstanding of the Bill of Rights. Rights retained by the people under the 9th Amendment, and rights reserved to the people under the 10 Amendment, are not limited in their applicability to just government, but may also be asserted against private entities. If this was not the case, the government could simply hire or otherwise influence private entities to infringe any right it designed, even in matters that on the surface appeared to be just between private entities, and consequently there would be no rights at all. Your freedom to wave your first around may be limited when it enters another parties personal space, even if both parties are private entities.

      Putting this in other terms, it is not within the legal authority of government at any level within the US to have contract law enforceable in situations where those contracts violate fundamental rights. You can not, for example, have a contract for murder be binding. Similarly, to the extent that some aspect of copyright law, or property law, or patent law, or tort law, or any other area of law violates fundamental rights, that aspect of law is unconstitutional and illegal.

      It is ultimately up to us, the people, to determine under what situations contracts will be allowed to exist, and what can be put into them. Rights "retained by the people", after all, by definition, are "retained by the people". Retained by the people does not mean the same thing as, and precludes the existence of, "rights stolen by the government", or "rights stolen by the legal profession", or "rights stolen by the corporations".

      Especially strict scrutiny is required when contract involve some degree of monopoly power, because in those situation, one can not simply take their business elsewhere.

      Unfortunately, legal professionals are in a position of ethical conflict of interest with respect to the nature, scope, and form of the legal system.

      Because of this conflict of interest, there have been many attempts by legal professionals to broaden the scope of contract law (and other forms of law) beyond the legitimate authority of government (shrink-wrap licenses are a well known example).

      Doing this creates more areas of life into which litigation may precede, and hence artificially increases the demand for the services of legal professionals.

      The abuse of contract law has been happening in the past few decades in much the same manner as the abuse of tort law earlier in the 20th Century. We are starting to see much the same ridiculous abuses of the legal system in the area of contracts as we previously saw (and continue to see) in the area of lawsuits. It is not an accident that the USA is known as the "Land of the Lawsuit", perhaps in the future we'll also be known as the "Land of the Lawsuit and the Abusive Contract".

      This behavior is unethical conduct on the part of legal professionals, and a violation of the oaths all legal professionals take to recognize the authority of the Bill of Rights, and it is long past time we started doing something about it.

      Strangely enough, as a society, we consider contract killers, who destroy the rights of individuals (by ending their lives), to be doing something wrong and actionable under the law, but for whatever reason we are much more tolerant of abuses of the legal system made by legal professionals, who destroy the rights of entire populations.

  15. independent artists by Anonymous Coward · · Score: 0

    How do us independent musicians leverage this technology to catch thieves? Do i just submit my music then thieves strart getting busted?

    1. Re:independent artists by Anonymous Coward · · Score: 0

      Yeah, about that, I'm gonna have to ask you to move your desk downstairs. Independent musicians aren't covered by this, it's only to protect the music-industry dinosaurs from extinction.

  16. How do you know? by dutchwhizzman · · Score: 1

    You could be inflicting on copyright constantly without being aware of it. I'm fairly certain that if they wanted to, they could easily get you for 6 violations within one week, while you think you're doing nothing wrong. Monitoring systems that are out to punish people will do so, since everyone breaks laws constantly. The average person in traffic (even walking) will commit enough violations to lose more than their daily pay if they would all be fined. We use the legal system to keep the excesses down. If you put in full monitoring, you will kill usage because everyone using it will get "caught" and penalized. This has happened to every system we've done it with and people put an end to it in almost all the cases as well. Some countries still have some of those systems, but the East German Stasi have disappeared. In the seventies, we all spoke about the "Free West" when we referred to East Germany. in 2013, the government is doing more to control and monitor us than the Stasi did in the seventies in East Germany....

    --
    I was promised a flying car. Where is my flying car?
    1. Re:How do you know? by mark-t · · Score: 1
      If a person is doing it without even realizing it, then it follows that it should be even *MORE* imperative that the alerts give specifics.

      That said, however, I'm quite diligent when it comes to copyright.

      I'm fairly certain that if they wanted to, they could easily get you for 6 violations within one week, while you think you're doing nothing wrong.

      I'd ask if you want to make a bet on that, but I know there's no possible way you'd ever pay up... you'd only argue that I somehow hide my tracks well enough to not be caught when you weren't able to find anything.

    2. Re:How do you know? by cpt+kangarooski · · Score: 1

      That said, however, I'm quite diligent when it comes to copyright.

      Impressive. But quite difficult. Behold:

      Intellectual Reserve v. Utah Lighthouse Ministry, 75 F. Supp. 2d 1290 (D. Utah 1999) (You'll want to skip ahead to the bit that begins with "Do those who browse the websites infringe plaintidf's copyright")

      Since copyright (in the US at least) is a strict liability statute, it doesn't matter how diligent you are. Even if you take all reasonable care and are not even so much as negligent, even if you are tricked into it, infringement is still infringement and you're liable for it. And due to how a computer works, you can't read, see, or hear a damn thing on the Internet without having necessarily made some sort of copy in the process.

      So aside from simply not using the Internet, I'd be impressed to know how you accomplish such a thing.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    3. Re:How do you know? by nabsltd · · Score: 1

      That said, however, I'm quite diligent when it comes to copyright.

      So, you've never recorded a TV show and kept the copy for longer than it took you to watch it once?

      You've never downloaded any music, video, or even text without first verifying that the site serving the content had permission to do so? You've never shared more than a link to site with someone, but instead shared the actual content (cut and paste to e-mail, printed it out, etc.)?

      There are literally hundreds of other examples of things that you likely do that almost certainly mean you have obtained content in such a way that you have violated copyright. In some cases (like here), they might even specifically say they don't care about anybody copying them, and knowing the owners of that site, they wouldn't ever do anything about it, but technically they could change their mind and start enforcing it, because despite anything they say, it's not a legal license to the content, and thus you would be infringing copyright.

    4. Re:How do you know? by mark-t · · Score: 1

      Let's see.... I use email to keep in touch with people that I personally know, I read and participate in assorted legitimate online forums and discussions, such as slashdot, stackoverflow, and others, I subscribe to certain youtube channels which only contain content that is copyrighted by the people who created the corresponding channel (ie, not any content that they copied from somewhere else), upload my own home videos to youtube, use itunes, and pay for all content that requires payment, keep all my existing software up to date, and finally watch all of my favorite tv shows online, legitimately, streamed right from the appropriate nationwide network's very own website.

      Nope... I think I'm pretty safe. If somebody can point to any specific place where i'm infringing on copyright, I might be able to alter my behavior. Until then, however... I'm good.

    5. Re:How do you know? by mark-t · · Score: 1

      So, you've never recorded a TV show and kept the copy for longer than it took you to watch it once?>/blockquote>Keeping recorded shows longer than the time it takes you to watch them might not be something that content holders particularly like, but it's definitely *NOT* a violation of copyright as long as all such home recordings are watched in the context of private home viewing.

      Secondly, quoting from something or using small snippets of a sourtce is not copyright infringement either (it's fair use, actually), as long as 1) the source is acknowledged; 2) the amount of content so quoted or copied is small (a subjective term, but generally fairly easily agreed upon when its actually applicable) relative to the copyrighted work's entire content; and to some extent 3) is contextually relevant to the larger work in which it is contained.

      One of the courses that I took at university actually addressed that *EXACT* issue when the subject of quoting previous research came up. This was apparently directly from the word of one of the university's law professors.

      Finally, the only video content that I ever download is either personally made by the uploader, or else is available for legitimate free streaming for a limited time after airing on the applicable tv network's (nationwide, not just a small local station) website. I use bittorrent occasionally... perhaps once or twice a year, but the only content that I download with it is content that is being made freely available anyways.

      I have little doubt in your ability to come up with dozens, if not hundreds of examples of how many people infringe on copyright without knowing it.... that doesn't mean I'm one of them. Secondly, my sympathy for people who aren't diligent enough to be informed about what the law actually says runs pretty low.

      As firm a believer in the concept of copyright as I am, however, I equally rigidly (possibly even moreso) avidly support and promote the concepts of fair use and the utilizing of copyrighted works which *CAN* be freely distributed.

      But in case it wasn't obvious, I do not ever advocate the notion of sharing copyrighted content that a person does not have any permission to distribute, or the obtaining of such infringing content in any way, shape, or form. Again, if somebody, anybody, can cite *ANY* instance wherein I am personally unknowingly practicing in such behavior, I may be able adjust my behavior to compensate, and would even pay whatever penalties are owed. Making vague and general accusations about stuff that a lot of other people do, however, without pinpointing any particular crime that I personally ever did is absolutely no better than the text of the copyright alerts themselves, which do absolutely nothing to point out to the alleged infringer what it was, precisely, that the person supposedly did.

    6. Re:How do you know? by cpt+kangarooski · · Score: 1

      I use email to keep in touch with people that I personally know, I read and participate in assorted legitimate online forums and discussions, such as slashdot, stackoverflow, and others

      Roses are red,
      Violets are blue,
      Notwithstanding my usual dedication to the public domain in my .sig, or my usual practice, (either based upon the .sig in this post or in others, or any other similar routine statements, here or elsewhere),
      This extremely bad example of poetry is copyrighted,
      To wit: © 2013 cpt kangarooski, all rights reserved,
      For you, mark-t, at least;
      For everyone else, sure, please enjoy a non-exclusive, non-transferable license to use this work in whatever way you see fit, forever,
      But mark-t, OTOH, is expressly prohibited from actions that would, if unlicensed, constitute infringement,
      Including, but not limited to reproducing it by the means of downloading from Slashdot's server to a computer where it may be displayed in a web browser,
      And no behavior on my part should be taken as the granting of an implied license to the contrary, not even my posting this to Slashdot in a reply to mark-t's post.
      Something something timor mortis conturbat me.

      What this means is, if you, mark-t, are reading this post, you've necessarily reproduced my awful, awful, but entirely copyrightable and copyrighted poem. There's no other way that you could have gotten it into your web browser other than by reproducing it. And while much reproduction of this sort is implicitly licensed, I've at least made a colorable argument that no such license was granted to you, or to anyone to extend to you. The fact that you didn't know it was going to happen, and couldn't possibly have taken reasonable steps to avoid it, is of no matter. And it's certainly not my fault, for I didn't make you read the post.

      So welcome to infringement land, population: you. If you're reading this -- and I suspect with all the certainty that of Jack Valenti that VCRs will kill the movie industry, that you are -- I am curious as to whether you think I should register my copyright and sue you. I could at the very least seek an injunction against you downloading the copyrighted part of this post in the future, reasonable attorney's fees and costs, the impounding and destruction of the computer you used to do the deed, and of course, actual damages and profits.

      Had I taken the time to apply for the registration of the poem before submitting the post, I could even pursue statutory damages of no less than $750 (or if you can prove that you were an innocent infringer -- not easy, btw -- then the damages are no less than $200). But I'm feeling a bit lazy today, so you're in luck.

      I could've just said that receiving email can make you an infringer, or looking at the wrong web page can make you an infringer, and that you can't even trust professionals in the field of video (IIRC there was an incident where some copyrighted art showed up in the background of The Cosby Show and due to legal issues, was ultimately removed because there was at least a colorable claim that this was infringement), or audio (Remember George Harrison getting sued over 'My Sweet Lord?') or elsewhere.

      It's a minefield in large part due to the lack of a mens rea requirement for infringement. And no matter how lily-white you may think you are, you're probably not. All that's saving you are the transactional costs to plaintiffs. Make it easier for them, and you just make it worse for everyone.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    7. Re:How do you know? by Anonymous Coward · · Score: 0

      I'd say visiting Slashdot is probably the riskiest thing on that list, there's nothing stopping commenter's copy and pasting copyrighted content into their posts, and thereafter it depends on what links you follow.

    8. Re:How do you know? by mark-t · · Score: 1
      I refute your claim that I infringed on your copyright simply by reading your poem. In fact, there is an abundance of precedent that the mere act of USING a copyrighted work, even if it somehow makes a copy, does not, by itself constitute copyright infringement. If it did, then even the act of memorization would be illegal, since that is making a copy in somebody's head.

      Feel free to talk to your lawyer about the matter. if you feel that I've actually infringed on your copyright.

      Because, in a nutshell, your claim strikes me as nothing but unadulterated bullshit, without an iota of legal claim. Try again.

    9. Re:How do you know? by mark-t · · Score: 1

      So... why is it that i'm not receiving any copyright alerts, exactly?

    10. Re:How do you know? by cpt+kangarooski · · Score: 1

      I refute your claim that I infringed on your copyright simply by reading your poem.

      No, not reading. Copying. You downloaded it as a necessary step before you possibly could read it. Check out the case I provided a link to a few posts ago; the opinion discusses how it works, and itself provides citations to other cases that provide the precedents it builds on.

      I find that people generally are ignorant as to what copyright law actually is. They've got an idea which is not too objectionable, so they don't speak up. Having been informed as to what it really is, they tend to recognize it as crazy, and that's progress toward reforming the law, IMO.

      In fact, there is an abundance of precedent that the mere act of USING a copyrighted work, even if it somehow makes a copy, does not, by itself constitute copyright infringement.

      Great, can you provide me with the cites? I'd love to read them.

      If it did, then even the act of memorization would be illegal, since that is making a copy in somebody's head.

      So far it hasn't gotten that bad, but in any case I merely said that you made a copy on your computer.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    11. Re:How do you know? by mark-t · · Score: 1

      The "copy" that was made on my computer is not infringing on copyright, since it merely existed there for the purpose of reading it.

      Please, feel free to consult a lawyer on the matter if you feel otherwise.... I have one at the ready as well. One who even specializes in copyright infringement cases, actually.

    12. Re:How do you know? by marcosdumay · · Score: 1

      Well, I hope you don't ever download that reply to read it, because it's copyrighted (and if you look at /. agreement, I still hold all the rights), and you won't like to copy a copyrighted work, will you?

    13. Re:How do you know? by sjames · · Score: 1

      And for the low low price of $35 dollars, you may feel free to make your argument.

    14. Re:How do you know? by Anonymous Coward · · Score: 0

      That's ridiculous. That's like saying, "If murderers exist, then why haven't I been murdered yet?"

    15. Re:How do you know? by Anonymous Coward · · Score: 0

      He linked you directly to a case that states otherwise.

    16. Re:How do you know? by Anonymous Coward · · Score: 0

      If private home viewing were something they didn't care about, we wouldn't even be in this mess.

    17. Re:How do you know? by mark-t · · Score: 1

      The case involved the notion of copying content to a computer's ram when the person did not have authorization to even be using the work in the first place.

      The author of the previous work made evident an obvious intent for his comment to be read by me, or else he would not have responded directly to me. In fact, the act of even putting it up on a public forum implicitly authorizes any user of that forum to read (but not necessarily copy) that post. However, a copy of a work which exists in a computer's ram that is necessary for one to be merely able to read such a work in the first place is actually just a so-called "incidental copy", and incidental copies of works do not infringe on copyright in the context of otherwise legitimately utilizing the work. (the referred to court case, again, revolved around somebody who was not legitimately utilizing the work).

      That, and given that the poster's sig also plainly stated that the contents of his entire posts were public domain anyways, so any copyright claim he might try to make could prove to be extremely tenuous, and would probably not actually be sustainable. Even if it were, my claim of the copy being on my computer as a consequence of my reading it, which I supposedly had authorization to do, would clearly make the RAM copy of it an incidental copy in the context of otherwise legitimate utilization, and therefore non-infringing.

    18. Re:How do you know? by mark-t · · Score: 1

      No... more like If I was supposedly murdered, then why haven't I *actually* been murdered?

      The allegation was that I do commit copyright infringement, after all...

    19. Re:How do you know? by mark-t · · Score: 1

      Hey, I'm not saying that content distributors are particularly happy about it... and there's probably no small number of them that would prefer that such extended keeping of home-recorded content be considered an infringement of copyright.

      Wishing doesn't make it so, however. It's not. As long as such content is utilized strictly in the context of private home viewing only.

    20. Re:How do you know? by mark-t · · Score: 1

      When I receive any such actual alert, you can be sure I will.

    21. Re:How do you know? by sjames · · Score: 1

      But more than likely, you'll get a Kafkaesque message like "someone said you stole something" and it'll be up to you to figure out who and what.

    22. Re:How do you know? by mark-t · · Score: 1

      Well, if you read my very first post on the subject here at the top of this thread, you'll find that this was actually *VERY* a key objection I had to the text they are using in the alerts, albeit not an objection to system as a general concept.

    23. Re:How do you know? by nabsltd · · Score: 1

      Keeping recorded shows longer than the time it takes you to watch them might not be something that content holders particularly like, but it's definitely *NOT* a violation of copyright as long as all such home recordings are watched in the context of private home viewing.

      The court rulings about home recording are pretty clear, and all of them stress the limited time nature that makes it fair use. Once you start building a library, it's infringment.

      Secondly, quoting from something or using small snippets of a sourtce is not copyright infringement either (it's fair use, actually), as long as 1) the source is acknowledged; 2) the amount of content so quoted or copied is small (a subjective term, but generally fairly easily agreed upon when its actually applicable) relative to the copyrighted work's entire content; and to some extent 3) is contextually relevant to the larger work in which it is contained.

      All of this is completely wrong. You do not need to attribute a source for it to be fair use. Attribution is a scholarly rule, not one of copyight.

      Second, courts have found that copying whole works is still fair use, while in other cases even insanely short snippets (1-2 seconds of a 3 minute song) are judged infringing.

      Last, none of this matters, because if you are copy stuff from a web page and print it out or send it to someone in an e-mail, you are infringing copyright. Whether you can defend those actions in a court of law using a claim of "fair use" is another matter.

      Finally, the only video content that I ever download is either personally made by the uploader, or else is available for legitimate free streaming for a limited time after airing on the applicable tv network's (nationwide, not just a small local station) website.

      How have you verified that these files can be legally distributed by the website in question? Seriously, if you really want to not infringe, just going to the website of a network might not be enough, as they have posted videos that are infringing on these sites. It's mostly news, but every once in a while an entertainment show placed there.

      Basically, get off your high horse. At this point, anybody who claims to respect copyright the way you do is part of the problem, not part of the solution. People need to be educated that our creative history is being locked up by megacorps who have absolutely no respect for copyright unless they can personally profit from it.

    24. Re:How do you know? by Shagg · · Score: 1

      I refute your claim that I infringed on your copyright simply by reading your poem.

      Yet in other posts, you have stated that downloading is copyright infringement. Which is it?

      --
      Unix is user friendly, it's just selective about who its friends are.
  17. DIdn't happen for me by Anonymous Coward · · Score: 0

    My ISP is AT&T, and I made a couple of downloads this week, to see whether I would get a message. I didn't. Can it be that AT&T isn't enforcing this policy?

    1. Re:DIdn't happen for me by Skapare · · Score: 1

      No one said this would not be subject to all the typical internal communications problems inherint in large corporations. It's called "corpolag". They will notify you next year when you have forgotten all about it.

      --
      now we need to go OSS in diesel cars
    2. Re:Didn't happen for me by Anonymous Coward · · Score: 0

      I now made seven Bittorrent downloads through ATT, and I still haven't received a copyright violation notice, nor is my bandwidth being reduced.

  18. no need to use torrents by Anonymous Coward · · Score: 0

    You can find almost any song/album/movie/tv show on youtube. It's a pirate's paradise.

  19. How could anything thing go wrong by Skapare · · Score: 2

    The first two warnings – “educational alerts” – tell consumers they’ve been caught. The email will then direct them to legitimate sources of content with the hopes that the early warnings are enough to scare people into buying content.

    I hardly use email anymore. I almost don't use it at all. What I do have, my ISP does not know about, unless they've been spying on my HTTPS connections to Gmail. I don't have ISP based email, or if I do, I have no idea what it is, or have a means to login. Why would I use email that would change if I need to change layer 3 ISP?

    And what "legitimate sources of content" will work on my Slackware based computer? If they had that, I wouldn't need to be working around their broken sites.

    The next two warnings step it up a notch with what’s called “acknowledgement alerts.” The first two alerts were simply emails, but these next two will actually hijack your browser. You will be hit with a message telling you that you’ve been caught yet again, and must acknowledge that you’ve been caught before you can start browsing.

    Criminal actions and privacy aside, how the hell are they going to hijack my browser? I'm using HTTPS whever I can. I have 4 VPN setups to use. Sure, I do some insecure browsing like at Slashdot. But I don't use THEIR proxies, so they would have to add equipment than can do intercepts to traffic. So maybe it's possible for them to hijack my Slashdot traffic. But combining the interception and Slashdot's crazy content format, how can they make a popup appear safely ... for every web site? And how will this even prevent browsing without cutting off service? Cut off port 80 if they think that stops anything of high value?

    The next two tiers, and presumably every alert afterwards, will be “mitigation measures.” In essence, the ISPs will begin throttling your bandwidth or blocking Web sites you frequently visit. The ISPs will not be able to cut off your Internet connection under the plan.

    I frequently visit Slashdot. I guess they are going to block that And I am paying extra for the higher tier (8 mbps ... and it works). If they throttle below that level, they are violating the service offering they have for that extra payment. So I stop paying the extra.

    --
    now we need to go OSS in diesel cars
    1. Re:How could anything thing go wrong by Anonymous Coward · · Score: 1

      Well, to be fair, why should the entertainment / copyright industry have to work around your broken-ass computer? I mean, if it doesn't work on Slackware there are about 1,500 people who care. Just about the same number of people who care if it works on an old TRS-80. It still has a copyright and you still aren't allowed to violate it - even if you choose to use technology (for whatever reason) that is different than what most people employ.

      I'm with you on the rest of it though. I won't get an email from the ISP for months because although everyone with an ISP account has email, many of us don't know it or login to it. I think I check mine about once every couple of months. I then mark everything there as spam, because it is.

  20. Re:Here's HOW it's done, & why... apk by shawnhcorey · · Score: 1

    All true but why is everyone so concerned now? They had plenty of time to protest this bill before it became law. Why the heck weren't they protesting back then?

    --
    Don't stop where the ink does.
  21. Re:Here's HOW it's done, & why... apk by Anonymous Coward · · Score: 0

    Was so true it was downmoderated for what it said. Perhaps that answers your question, since as was said that owning distribution and communications channels allows suppressing truths that others couldn't get wind of or think of themselves by doing just what happened to the posters' post you applauded. Stomp out truths via control of the presses when truths that adversely affect those in control so people aren't even aware of real truths, only the manufactured 1/2 truths. Very simple.

  22. Re:Spying? by spire3661 · · Score: 3, Insightful

    That network that isnt 'ours' crosses a billon public right-of-ways. They may own the wire, but we own the land it runs through, its not as simple as you make it to be. The public has a vested interest in regulating ISPs and we should be doing more to leash them.

    --
    Good-bye
  23. Ive been purposely download as much as possible by bobjr94 · · Score: 3, Informative

    for the last week, so far no emails, letters or pop up's from comcast. Ive wanting to see how much downloading does it take before I get flagged. Then once I know the triggers, I can switch to an anonymous vpn and try it again.

    1. Re:Ive been purposely download as much as possible by Anonymous Coward · · Score: 0

      Just download "Game of Thrones." They consistently send notices out for that.

    2. Re:Ive been purposely download as much as possible by Anonymous Coward · · Score: 0

      plus, ive been purposely uploading as much as possible, so the net bandwidth consumed is 0! a win-win for everyone!

  24. Fuck your copyright bullshit! by bornagainpenguin · · Score: 4, Insightful

    The difference between your Martin Niemoller reference and what I am saying is that what they are going after, is that in Niemoller's case, the people "they came for" may have, at worst, been considered the fringes of society, but they weren't necessarily doing anything that was previously against the law. Copyright infringement actually *IS* illegal, and has been for quite a long time.

    I'll take copyright infringement seriously the day that Big Media starts taking the public domain seriously, and not one second before. They thought they could play this game of indefinitely extending the length of copyright terms, effectively stealing from the public domain and all of humanity without there being unforeseen consequences? Guess what? People now take copyrights about as seriously as Big Media does, i.e. not at all.

    Fuck your copyrights.

    --
    Have a Virgin Mobile USA smartphone? Give VMRoms.com a try!
  25. results supplied by CCI by Anonymous Coward · · Score: 0

    So exactly how can we, holders of copyright, show in court that CCI is unwilling to enforce our copyrights or how the system excludes we - the little peoples' copyright.

  26. I will be be voting with my wallet. by Anonymous Coward · · Score: 1

    I can and will do without the internet.
    I will only use hacked wifi from now on.

    http://www.smallnetbuilder.com/wireless/wireless-howto/31914-how-to-crack-wpa-wpa2-2012

    Works for me.

    It is an arms race they want it is a arms race they will get.

    Rewards will be offered for one click unix tools.

  27. Copyright isn't in the Bible by Anonymous Coward · · Score: 0

    It isn't ordained by our Creator, and his Law takes precedence over humanly invented copyright laws, hence we can just ignore this crap. Be religious and fuck the lawyers!

  28. Will the VPN's work? by partofthepuzzle · · Score: 1

    >I can switch to an anonymous vpn and try it again.

    I thought that that using a VPN would prevent Comcast from being able to detect what I'm downloading, etc. but I've been reading conflicting stories about this on various sites.

    Will any VPN work to keep my traffic private?
    Do I need to use a particular protocol: will a VPN over PPTP do the job?