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Comcast Working On 'Helpful' Copyright Violation Pop-ups

gregor-e writes "Comcast is said to be preparing to snoop on your internet browsing to detect when you attempt to download a copyright-protected item. On detection, Comcast will pop up a helpful window that contains information about where you can obtain a legal version of whatever you're downloading. 'While sources familiar with the new initiative emphasized that it is being seen as a complement to CAS [a.k.a. six strikes] and not a replacement, the very emergence of an alternative raises questions as to the viability of CAS, which has been criticized for myriad reasons ranging from the questionable strategic rationale of punishing subscribers to an implementation that has been characterized as scattershot. How the two systems would coexist is unclear.'" Comcast will be inviting other ISPs to join its new system as well.

23 of 284 comments (clear)

  1. let me get this straight by jaymz666 · · Score: 5, Insightful

    They are going to be modifying web pages with this popup crap? They will be actively scanning every page I go to to see if there is a link to something on some master lists somewhere, modify every HTML page I download to include some sort of script to create a pop-up?

    Really?

    I guess they could maybe just intercept all HTTP requests that go to specific hosts and URIs and supplant the destination with a replacement HTML page... much better

    1. Re:let me get this straight by VortexCortex · · Score: 5, Insightful

      Hey, break DNS, why not break HTTP too?

    2. Re:let me get this straight by fuzzyfuzzyfungus · · Score: 5, Interesting

      Maybe some webmasters would be interested to hear that Comcast is exploring a plan to produce unauthorized derivative works, based on their pages, to hawk media products (not a few of which are from companies in the same ownership structure)... Isn't that the sort of plan that would be approximately a zillion counts of copyright infringement, trademark violation, and who knows what else if it were proposed by anybody other than a hegemonic corporation?

    3. Re:let me get this straight by Endymion · · Score: 4, Interesting

      The copyright infringement problem you describe is only the beginning. The long-term flaw in this plan, I suspect, is that they are claiming to be able to detect a class of "illegal"/"bad" data.

      In the early days of the net, this kind of detection was a major part of the pornography debate in addition to the usual copyright stuff. A major defense (one I suspect lead to the creation of the "safe harbor" provisions in the DMCA) was that it is patently unreasonable to force an ISP to decide the legality of each bit that moves across their network. Comparisons were made to the Common Carriers, etc. The consensus seems to be more or less that "safe harbor" idea - that it was only reasonable to request the ISP act after the fact, instead of trying to make them invent some sort of magic "evil bit" detector.

      If an ISP wants to ignore all that, though, and volunteer that they have such detection capability... they might be asking for a long line of lawsuits for each item they *failed* to warn about. Even better: it's all the excuse the anti-porn (or anti-whatever) busybodies need to impose their ideas of a "child safe" internet. After all, if you can detect something complicated like copyright infringement, detecting pornography must be trivial.

      TL;DR - their lawyer must be having a seizure over the potential liability exposure they seem to be asking for

      --
      Ce n'est pas une signature automatique.
    4. Re:let me get this straight by girlintraining · · Score: 5, Insightful

      TL;DR - their lawyer must be having a seizure over the potential liability exposure they seem to be asking for

      It's peanuts compared to the marketing potential. Scareware is a booming industry -- look at how much malware we have to scrub off our computers now. The average computer is more likely than not to be infected with some kind of rogue application at this point, and the problem is accelerating.

      Now we have ISPs injecting HTML into web pages to scare them into purchasing digital media "legally" and threatening to report them to the police if they do not... we've legitimized this whole ecosystem. The internet has become a place where you are either predator or prey.

      Fits in rather nicely with our imperialist views that we can engage in cyberwarfare whenever we want, and then loading aircraft carriers full of automated drones. The corporate-military supraorganization is marrying the idea of greed and profit to abstract murder on the basis of algorithmic determinism. Soon it won't be people killing people, it'll be algorithms killing people. In a world like that, what's a little advertising? What's a little dystopia when there's profit to be had?

      History may well remember that the information age was just the prelude to a whole new dark age. And it'll be recorded that we doomed ourselves trying to protect ourselves from pedophiles, murderers, terrorists, and every other boogieman. But... it's not exactly the first time in human history that a sudden leap forward in technology or industry created a power vaccum that led to social collapse. Actually... this would be the first time it hasn't happened, in case it doesn't. :/

      --
      #fuckbeta #iamslashdot #dicemustdie
  2. So, let me get this straight by stox · · Score: 5, Insightful

    Buying more bandwidth is out of the question is too expensive, but dropping a fortune on the hardware to do deep packet inspection is no problem.

    --
    "To those who are overly cautious, everything is impossible. "
    1. Re:So, let me get this straight by girlintraining · · Score: 4, Insightful

      Buying more bandwidth is out of the question is too expensive, but dropping a fortune on the hardware to do deep packet inspection is no problem.

      That's because the hardware to do that you can stuff in a closet somewhere. The hardware to create more bandwidth on a coaxial network that is continuously being pushed and prodded into doing something it wasn't designed to do -- two-way communication, is considerably more complex to deploy and maintain. To add a server, you just need a port on a wall and some space in a rack. To add another 100 mhz of bandwidth to a coaxial network, you need to rip out every repeater, run down every possible source of signal leakage, and then yank out all the equipment at the head-end... and nevermind that many customers are using their own equipment that may or may not be compatible with the new protocols, equipment, etc.

      Now, all that said... Comcast should have been incrementally upgrading this whole time, like any other utility provider. Unfortunately, like every other utility provider, they don't upgrade their infrastructure until there's no other choice. Our power grids are maxed out, our sewers are rotting, our bridges are falling into rivers, our cell phone service is the laughing stock of the first world... and we are paying more and more every year for them. All because short term profit isn't just a mentality... for a publicly-traded company, it's a legal requirement. The problem here is that our method of economic incentives and government regulations about infrastructure/utility services is, achem... broken. Badly.

      So it's not technically Comcast's fault... they're just doing what everyone else is doing: Doing anything possible to avoid biting the bullet and investing in infrastructure. So long as the government isn't willing to simply revoke their licenses and tell them to get the fuck out, and start inking non-exclusive contracts for services, and making regulatory demands for regular and timely upgrades... businesses will continue to profit at your expense. But of course, that is how they want it, though we did, by remaining politically inert, allow it to be this way.

      There's plenty of blame to pass around.

      --
      #fuckbeta #iamslashdot #dicemustdie
  3. Fuck comcast... by Anonymous Coward · · Score: 4, Insightful

    My fancy new 'digital' tv wont work without comcasts boxes around. You can't even buy one. Rental only. Good thing they gave them out for free...
    Oh Wait...'free' dta boxes are now costing every month. What the actual fuck... 'free' to comcast actually means until we start charging for it.

    Forced to pay for 40 channels of pure shit to get 10 channels you might want to watch sometime. It's such a complete scam.

    Every month its yet another problem with either the net or the tv or billing. And the bills keep going up. The service and quality keeps going down.
    And habib over in india or wherever has no fucking clue how to fix anything without calling them at least 5 times.

    $160 a month for this shit... It's about time to get rid of them for tv at least...
    God i wish i had another choice for internet...

    Save us google you're our only hope. Your worst half-assed attempts at anything are 5000% better than comcasts best effort.

  4. So, the NSA gets sloppy seconds? by sabt-pestnu · · Score: 5, Insightful

    We're worried about the NSA seeing everything that goes over our connections.

    But how much worse is it to have your own ISP doing so? Previously, we at least had the illusion that they didn't know. (Yeah, right. Do you browse with HTTPS-everywhere? And if you do, do your search terms go to some search provider that reports to the government?)

    But now we know that they'll be looking directly at what you download. It's no step at all to go from "looking for copyrighted material" to "looking for anything we are interested in". Al Qaida training materials? Anarchist cookbook? PETA protest schedules? Republican party caucus meeting schedule?

    Remember that adhesion contract you agreed to when you signed up with your ISP? Where they can change the terms when they want? Care to guess whether those terms will change to assure that you "agree" to deep packet inspection and content filtering of your internet traffic?

  5. Stupid by Virtucon · · Score: 4, Insightful

    This Six Strikes thing is both retarded and a horrible business practice. Why? Because they'll probably single out torrent traffic and assume that you must be pirating something. Hello Comcast: torrents != piracy. Ultimately that's what all these initiatives for piracy look at and they've declared war on P2P sharing because regardless of what it is, it must be "illegal." It also feeds right into the argument for traffic prioritization and filtering which is another horrible idea for the Internet. I can see some Comcast exec saying "We're going to be filtering torrent traffic because our friendly warnings have shown that 90% of the users involved in P2P are doing illegal activity." All the while they're pushing their own content services for substantial fees onto their users. I for one would be worried if I were a Comcast user and would seek out HTTPs connections everywhere I go on the net or look for another ISP.

     

    --
    Harrison's Postulate - "For every action there is an equal and opposite criticism"
  6. Re:Is this so bad? by Virtucon · · Score: 4, Insightful

    I think the EFF is outgunned here when you have former Senator Chris Dodd heading up the MPAA. There's a reason why the MPAA and RIAA have friends in DC and why we have laws like the DMCA and an abhorrent fear that the profits of the members of these organizations is at risk. John Doe suits have been their bread and butter attack method and now with more and more Federal Judges growing backbones it would appear that their tactic involves harassing the ISPs all the while greasing the palms of Congress. Let's not forget where the push for SOPA comes from, it's guys like old Chris there, pushing his contacts in DC.

    --
    Harrison's Postulate - "For every action there is an equal and opposite criticism"
  7. It's by Richy_T · · Score: 5, Insightful

    Internet
    Service
    Provider.

    Just forward the damn packets and take my money.

  8. What about stuff with NO legal alternatives? by Anonymous Coward · · Score: 5, Insightful

    What kind of "helpful pointers" will they be giving when there is NO legal alternative? The few times I've ever used peer-to-peer is when the item in question is "out of print" and "currently unavailable" (Disney is notorious for doing this). Just try and get an original cut of Disney's live action/animated hybrid "Song of the South". It's not available in this country at any price. Oh you can get heavily censored versions, but not the original (supposedly it is "too racist" for Americans).

    I realize this represents a very tiny fraction of online acquisition (I hesitate to call it piracy if it can't be purchased) but I mention it because a lot of companies (like Disney) deliberately take things off the market in order to trundle it out every ten years or so with a grossly inflated profit margin.

  9. Re:uh... downloading isn't illegal... by Seumas · · Score: 5, Informative

    Sorry, but your own link contradicts your statement.

    Please cite for us one (and preferably more) cases where someone was sued and received a judgement against in a court of law for DOWNLOADING a file.

    Your own link says:

    "Most downloading over the Internet of commercially available copyrighted works, such as music or movies, through file sharing systems is illegal. In a widely followed case, a federal Court of Appeals held that users of Napster were infringing copyright when they shared MP3 files of copyrighted music."

    As far as I am aware, every single case that has ever existed has hinged on the act of distribution. That is, uploading the file. People have found themselves in hot water because they downloaded content and left it in an accessible folder that is shared back to the other users, publically, of the download program - like Napster or used bittorrent, where you usually have to also upload content back (though you are of course only ever uploading small snippets and never an actual entire file).

    Yes, people go around saying "oh noes, downloading a copyrighted file is infringement and somehow now days an instance of copyright infringement is a criminal offense punishable by a decade in prison or forfeiting your life into indentured servitude!", but the fact is (last I checked and I would be glad to know if this has since changed in the States if someone knows of legitimate examples) it is only uploaders/distributors of said content that are cornered.

  10. Re:Is this so bad? by davydagger · · Score: 5, Insightful

    "All you guys did was drive the individual artists out of business so these corporate bullies could step in and rake *all* the profits."
    No, the same big corporations such as the RIAA and MPAA did that. Its because of their aggressive marketing, they've made sure there is no markett for anyone else. Justin Bieber is what you can listen to without being being labeled as "crazy", or something else where you inherently lack rights, such as being free from assault. This was going on even in the 1990s.

    ". All you guys did was drive the individual artists out of business so these corporate bullies could step in and rake *all* the profits."
    First you complain about big chain stores, next your talking about artists going out of business. Now has never been a better time for live music. This is a bold face lie. None of those artists made a dime off record sales.

    " Taylor Swift, Katy Perry and Justin Bieber style music is all that anyone can make money doing nowadays."

    Black Sabbath Just go back together and released a new album with all original content. Oh, it sounds sick too.

    I think there is more live music going on now, and with the same computers, and even the same technology that is used to "pirate", such as CD Burners, MP3s, and audio tools, can easily be used by artists to produce music without the need for record labels.

    The only people really bitching are record label owners. They've always been sleeze bags who've abused musicians. So take your corporation shill ass out of here. Don't wanna here it. The movie industry doesn't have to pay the same 10-20 shitty actors $30 million a movie for a blockbuster with a total budget of $100 million, then bitch about money.

    Next you'll talk about how living wage drove blue collar jobs to china.

  11. Re:Is this so bad? by Anonymous Coward · · Score: 4, Insightful

    How does "downloading content ... 80 percent of which you'll never get around to listen to or watch" produce the effect of "drive the individual artists out of business?"

    The individual artists didn't pay for the bandwidth we used to download the crap we purportedly ignored. Or are you saying that the 20% we listened to drove them out of business because, obviously, we would have bought all of that content otherwise, and spending that money would have kept the artists in business?

    Fact #1: reducing price increases consumption. At a price of zero, it is guaranteed that people are consuming quite a lot of content that they never would have paid a dime for. So that downloading (at no cost to the artist) would not have translated to pure profit if downloading were not an option, and in fact only a tiny portion of it would have translated to sales, and therefore it could not possibly have hit their sales as hard as you seem to think it did.

    Fact #2: The labels habitually left their signed talent owing them money after their albums made the labels a fortune. THAT harmed the artist far more than the free exposure provided by downloading. Buying more albums would not have changed this *at all*.

    Fact #3: The issue is not as polarized as you seem to think. Plenty of people on slashdot approve of copyright law, but disapprove of these means of enforcement. Your slippery-slope fallacy is falling on deaf ears.

    So there you have it.

  12. Re:Is this so bad? by PopeRatzo · · Score: 4, Informative

    ...downloading content from fold-tent-one-step-ahead-of-the-sheriff sites...

    Son, do you realize TPB has been around longer than Facebook?

    Taylor Swift, Katy Perry and Justin Bieber style music is all that anyone can make money doing nowadays.

    That's complete bullshit. There's a community of artists here in my town who are making decent middle-class livings as musicians without having to be like any of those people. With health insurance and homes and everything.

    SOMEBODY will make big money from content, that's how capitalism works

    Maybe you need a refresher course in what capitalism really means. You can find several very good syllabi and reading lists online. You will learn that "SOMEBODY will make big money from content" doesn't have anything to do with "capitalism", when capitalism is actually working. Corporatism is not capitalism.

    --
    You are welcome on my lawn.
  13. Re:Is this so bad? by LordLimecat · · Score: 5, Insightful

    I mean, if this prevent having to deal with the RIAA or the MFAA and all the legal expenses, wouldn't it be better to be warned and go "My bad." and move along?

    If we set aside the whole "monitoring your connection" issues (privacy issues, who watches the watchers, etc) and pretend thats not a problem... and if this were them "sending you a friendly warning letter", maybe thered be some room for discussion.

    But the only way to accomplish what Comcast is suggesting here is by MITMing all of your connections and injecting content into the middle. Thats great in company environment, and "less than great" on a home ISP connection where you have a high expectation of privacy. Off the top of my head, some major concerns here:

    • What if the JS that Comcast injects opens up security holes / info leaks?
    • What are your chances of holding them liable or proving it, much more given the nature of the notices-- you would essentially have to admit to everyone that you got one of these potentially embarassing notices
    • Will that injection be legally considered a "notice", and what happens if it never arrives (noscript etc)-- could that cause further liability on your end?
    • Will it trigger "unsafe connection" notices in otherwise Secure pages, and potentially open the door for SSL leaks (mixed content is a big security hole)
    • Are they MITMing SSL via a trusted CA? That presents about a million other concerns, if so

    I am not one to rail at the RIAA / MPAA without acknowledging that there is an issue with piracy (or whatever you want to call it). But 95% of the time the issue is that the response-- whether by MPAA, RIAA, or the ISPs -- is that the response is completely over the top. This is a golden example-- Comcast here suggests completely undermining the expectation of privacy and integrity of the connection they provide.

    Why do you think the Sandvine / bittorrent issue a few years ago was such a big deal? Its because "somebody" randomly inserting bogus traffic into your connection represents a MASSIVE threat.

  14. Re:Is this so bad? by jd2112 · · Score: 4, Insightful

    So who won? You didn't win. Look around at pop music and what's being created today. Taylor Swift, Katy Perry and Justin Bieber style music is all that anyone can make money doing nowadays. Tower Records and all of its bricks and mortar competitors went out of business long ago. So did Borders.

    Oh really? Actually there is as much or more music being made today than before the big bad Internet 'destroyed' the music industry. You may not know this if you only listen to terrestrial radio but there is a lot of music being made, of every genre imaginable.

    Few artists today can sell a million records. Those than can you find on the radio. The rest you have to search out. For those artists the Internet is their friend.

    I have discovered a lot of new music listening to Pandora and Slacker that I would never have heard listening to the radio. Hell I've discovered entire genres that I hadn't heard of. I've watched their videos on Youtube and learned about the artists on Facebook. If you aren't a top-tier pop, hip-hop or country act the record companies are willing to put marketing muscle behind the Internet provides a way for artists to take promotion into their own hands.

    In some cases the Internet even provides artists with the means to bypass the labels altogether, allowing them to be in control over their own destiny. Sure, they won't have any platinum records on the wall but for true artists it is more important than selling out your artistic vision to get a big-label record contract.

    Music isn't dying. Slowly but surely the big record labels are, at least in their current form.

    --
    Any insufficiently advanced magic is indistinguishable from technology.
  15. Re:Is this so bad? by nanoflower · · Score: 4, Insightful

    Agreed. It had little to do with piracy and much to do with the rise of only a few companies owning the radios stations in multiple markets. They decided that focusing on the most popular music and playing the same thing in every market was the way to go. That made it much harder for new bands that didn't fit the mold to make it.

  16. Re:Is this so bad? by Drakonblayde · · Score: 4, Interesting

    Let me put it this way -

    I have 3 kids and a wife. Counting myself, that means 5 people. Prices in my area run ~10 for an adult, ~8 for a child. So I'm already up to $44 just to get into the door. Then for concessions, figure about 7.50 a head, and that's being conservative. So add another $38ish, and I've already got a pretty expensive night out for the family. Since we traditionally eat out when we go to the movies, that generally adds another 40 bucks or so.

    Now, I'm also a technically savvy geek, who likes his toys. I have a fairly nice home theater system. Have to watch Star Wars in style, you know.

    Now let's say my tv provider was offering the same movie I'd go see in the theater as an on demand option, at the same time it's in the theater, for $50. A quick run to the store to buy some soda and microwave popcorn and order out for a pizza for dinner instead, and I've got some fairly substantial savings, can watch the movie in the comfort of my own home on my nice equipment, and I don't have to drive anywhere and deal with a crowd. I'd leap at that.

  17. Re:Is this so bad? by BlueStrat · · Score: 4, Informative

    ... Look around at pop music and what's being created today. Taylor Swift, Katy Perry and Justin Bieber style music is all that anyone can make money doing nowadays. ...

    This is why you aren't taken serious. Only a few musicians actually get rich making music. Their record companies though get very rich off them and other musicians they sign. It has always been this way, and they are fighting hard as hell to keep it that way.

    Musician here. Spot on, at least as to the record labels having historically horribly abused & cheated the artists.

    To get some idea how this works and how bad it typically is for the majority of artists who are, or are trying to become, "signed" with a label, check out this piece by Steve Albini on negativeland.com

    "This oft-referenced article is from the early â(TM)90s, and originally appeared in Maximum Rock ânâ(TM) Roll magazine. While some of the information and figures listed here are dated, it is still a useful and informative article."

    http://www.negativland.com/news/?page_id=17.

    One of the record labels' top priorities is controlling the means of distribution. That's the actual, underlying reason they are pushing DRM and copyright-related laws/regulations, particularly those that involve the internet and digital (copyable) media formats, streaming, etc. It's aimed ultimately at erecting barriers to entry for independent artists in both marketing & distribution channels using the internet as a vehicle.

    Once it becomes commonplace for artists in the top-100 to be independents without a mainstream "label" contract, the old recording labels and their associated parasites will be truly doomed. They know this. That's the reason for the war on sharing, various forms of independent distribution/marketing channels, and internet radio.

    Want to support artists? Go to shows. Buy CDs & merch. Share their music with those who haven't heard of them. Encourage those friends to do the same. Tell the bar/club/venue owner when you like the band, and that you'd come back and bring friends when they play there next time.

    There are tons of amazingly-talented and hard-working artists & bands playing in bars/clubs/festivals/etc all over. Simply not buying cookie-cutter record-label music is not enough. You need to support the bands and artists you would rather see take their place.

    Keep in mind that even the members in most above-average-talent bar/club bands could make more money working part-time at McD's or Walmart. A modest-but-decent used bar-gigging-quality guitar can easily cost over $500. Used modest-but-decent amp easily over $1,000. Let's not even talk drum sets.

    That's also not counting the PA and lights that many small/medium bars/clubs do not provide, and then a vehicle/trailer to haul all that crap around with and all the costs associated with that.

    Strat

    --
    Progressivism (aka US 'Liberalism'): Ideas so good they need a police/surveillance-state to enforce.
  18. Re:Is this so bad? by Gr8Apes · · Score: 4, Insightful

    This exactly. In fact, payola was going on before the corporations took over the radio stations, although there were still independent hold outs until the late 90s. MTV, back when it played music in the early 80s, was the source for the major renaissance and new music, because all the owned, err, signed bands wouldn't send videos, and the ones that did were all relative unknowns, exposing the public to an entire wave of new artists. The early 80s were good, then MTV started showing game shows and corporations took over again. I was hopeful that the internet would break the hold corporations had on music, but apparently they've managed to Disneyfy the entire industry with the aforementioned crap.

    --
    The cesspool just got a check and balance.