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PayPal, Visa, MasterCard Prepare To Block Payments To Pirate Sites In France

An anonymous reader writes: The French government is deciding whether to allow PayPal, Visa, MasterCard, and other payments processors the right to refrain from executing transactions to pirate sites if copyright holders (MPAA, RIAA, PSR for Music) file a complaint. All pirate sites will be added to a blacklist, controlled by copyright holders, and not by a French court. A similar unofficial agreement between copyright holders and payment processors is actively being enforced in countries like the U.S. and the U.K.

46 of 82 comments (clear)

  1. As long as they accept court orders by Anonymous Coward · · Score: 1

    To unblock the accounts...

    It is after all fair game to have private relationships between companies.

    However, that also formalizes a cartel of payment systems, which has other legal consequences.

    1. Re:As long as they accept court orders by fustakrakich · · Score: 2

      However, that also formalizes a cartel of payment systems...

      Well, I would hope this is a place where Bitcion can fill in, and other alternatives can emerge.

      --
      “He’s not deformed, he’s just drunk!”
  2. From TFA by nmpg · · Score: 1

    "In other words, the lists will be made by educated professionals" woof, now I'm relaxed. I'm still looking for a job, and I believe I'm educated, I wonder what are the other pre-requisites to be one of these experts...

    1. Re:From TFA by easyTree · · Score: 1

      You've got to be able to show that your decisions can change the lives of millions and that you are smart enough to avoid oversight on appropriate use of such power.

    2. Re:From TFA by easyTree · · Score: 1

      ... oversight from some higher moral authority that isn't merely a sock puppet to those with golden hands.

  3. Common carriers by Anonymous Coward · · Score: 5, Insightful

    Payment providers should be forced to operate like common carriers in Telecom. Either you process all payments, or you process none. Barring specific court orders of course.
    If the Payment providers do not like this, they can opt for the alternative, where they take full responsibility for all payment activities, in which case they will be considered accomplishes for all crimes that involve money transfers via their services.

    It is not that difficult.

    1. Re:Common carriers by peragrin · · Score: 1

      So MasterCard should allow drug dealers and mob bosses to use their services?

      --
      i thought once I was found, but it was only a dream.
    2. Re:Common carriers by Anonymous Coward · · Score: 3, Insightful

      Alleged drug dealers and mob bosses, but not convicted drug dealers and mob bosses. The rule of law is what separates a civil society from despotism.

    3. Re:Common carriers by Kjella · · Score: 5, Insightful

      So MasterCard should allow drug dealers and mob bosses to use their services?

      Assuming the courts haven't seen any reason to seize the money, MasterCard shouldn't be able to decide who you're permitted to give money to or not. I should not have to justify my spending habits to the bank any more than I need to justify my food habits at the grocery store.

      --
      Live today, because you never know what tomorrow brings
    4. Re: Common carriers by Anonymous Coward · · Score: 5, Insightful

      This right here is why attempts to go to a cashless society have to be fought with extreme vigor. We cannot allow the government or, even worse, private companies, to decide who can give money to who.

    5. Re:Common carriers by fustakrakich · · Score: 1

      Kind of a silly question, since that is exactly what they do. This is purely cosmetic bullshit to cover up the serious stuff.

      --
      “He’s not deformed, he’s just drunk!”
    6. Re:Common carriers by roman_mir · · Score: 1

      'Common carrier' is the modern disguised version of nationalization. Forcing private individuals and companies to deal with people they don't want to deal with by a global cabbal of violent governments is stealing peoples right to freedom, nothing less than that. Of course everything that governments do is destruction of individual rights, theft, nationalization, monopoly creation. The correct approach is to remove all legal barriers to entry into banking, financing, payment processing, lending, borrowing and basically money and economy. The correct solution to all these problems is individual freedom, more freedom, not less. This means abolishing government control over individuals and businesses, removing government oppression, not adding more of it. Competition among free individuals is the only correct approach that does not end up costing much more in human and other forms of capital.

      Of course most people animals do not understand the problem in the first place to understand the solution.

    7. Re:Common carriers by Solandri · · Score: 2

      Assuming the courts haven't seen any reason to seize the money, MasterCard shouldn't be able to decide who you're permitted to give money to or not. I should not have to justify my spending habits to the bank any more than I need to justify my food habits at the grocery store.

      You're assuming a credit card transaction is between you and the merchant. It's not. It's actually two separate transactions - the first is between the credit card company and the merchant, the second between you and the credit card company. Just as you have the right to decide which credit card companies you wish to do business with, the credit card company has the right to decide which merchants it wishes to do business with.

      The proper grocery store analogy would be Bob runs a grocery delivery service. You tell Bob you'd like some chips and beer from the ABC grocery store. Bob tells you he doesn't buy from the ABC grocery store, and declines to make that purchase for you.

      The problem isn't that MasterCard is deciding not to service these (alleged) pirate merchants. The problem is there is so little competition in the credit card industry that a single actor making a decision like this is a huge deal. To the market, a boycott is simply an opportunity for someone else to make money. If Visa, MasterCard, and Amex didn't have a stranglehold on the credit card transaction industry, some other credit card company would simply swoop in and eagerly gobble up the business of servicing the blacklisted merchants. The copyright industry cannot enforce an industry-wide ban against certain merchants unless the government decides to do so, or they get all credit card processors to go along with it willingly. The latter is a lot easier with only 3 companies controlling most of the business.

    8. Re:Common carriers by FlyHelicopters · · Score: 1

      Alleged drug dealers and mob bosses, but not convicted drug dealers and mob bosses. The rule of law is what separates a civil society from despotism.

      ^ This... it is perfectly reasonable to say that PayPal, Visa, etc. can't process payments for convicted criminals who were involved in illegal actives using such payment services...

      But it is NOT reasonable to say they can't process payments for "alleged criminals" who haven't been convicted.

    9. Re:Common carriers by davester666 · · Score: 1

      I believe you just made Rockefeller jizz in his tuxedo.

      --
      Sleep your way to a whiter smile...date a dentist!
  4. Not Legal In The EU by Anonymous Coward · · Score: 1

    The EU has already ruled on this matter.

    https://torrentfreak.com/hyperlinking-is-not-copyright-infringement-eu-court-rules-140213/

    With respect to Torrent sites, most modern sites make use of magnetic links, rather than Torrent files. The links themselves do not constitute distribution of a copyrighted work, only the supply of the copyrighted material is considered distribution. The supply happens via the Bittorrent protocol which is entirely separate.

    Thus, the UK is clearly acting illegally in blocking payments, or even access to such sites.

    Pirate sites that actually distribute copyrighted content are an entirely different matter.

    1. Re:Not Legal In The EU by iTrawl · · Score: 1

      Oh... "accessory to infringement" is a term that comes to mind... No idea if it's a real legal term, but I'm sure it's not just in my head, but in the heads of the copyright holders' lawyers' heads too. If only they could get a law passed to that effect...

      --
      "Everybody's naked underneath" -- The Doctor
  5. Re:Upside down by known_coward_69 · · Score: 1

    Hugh Howey has numbers that you are wrong and that if you write good quality books you will make more money under the new model

  6. Re:Guess who "copyright holders" give money to! by BitZtream · · Score: 1, Troll

    The problem with idiots like you is that you're too stupid to realize that the party on pretends to be a member of is irrelevant and that all politicians are effectively the same, ESPECIALLY the ones who tell you they aren't.

    Once you get a fucking clue and stop thinking that your party is better (whatever your party is) then maybe, just MAYBE your vote won't be a detriment to our country. Until then, your vote is actually worse than not voting at all because you're too stupid to know who you're voting for.

    Look at actions, not words, thats your clupon for the day.

    --
    Persistent Volume manager for Kubernetes - https://github.com/dwimsey/openshift-pvmanager
  7. Goodbye Via and Paypal by nospam007 · · Score: 3, Insightful

    Welcome, Bitcoin.

    If it wasn't already invented, now would be the time.

  8. Re:Upside down by easyTree · · Score: 1

    No true Scotsman would make such an assertion.

  9. Wikileaks block springs to mind by Anonymous Coward · · Score: 1

    When the US wanted Wikileaks not to publish embarrassing leaks, it got the credit card companies to refuse payment for Wikileaks donations. This mechanism is abused before and will be again:
    http://www.cnet.com/news/credit-card-companies-wikileaks-block-just-fine-eu-says/

    Copyright lobby has a long history of abusing the legal process, Anton Vickerman trial being probably the most appalling legal fiasco I've ever seen, with some head scratching behavior.
    http://transgallaxys.com/~kanzlerzwo/index.php?topic=7595.msg17486#msg17486

    If you let them block credit card payments without a judicial process that would be a breach of the right to face your accusers and the right to due process. That might be small comfort when judges like Judge Evans are supposed to uphold the legal process, but not all judges are that bad, and the process doesn't always fail so badly.

  10. Re:Guess who "copyright holders" give money to! by easyTree · · Score: 1

    It's never gonna end. The army of n00bs will always be larger so as long as the system requires consensus to make progress, we are screwed.

  11. It's a bit tricky by Swistak · · Score: 2, Interesting

    It's a tricky situation. The problem with paid pirated sites is that some users (read: my father-in-law for example) assume that since they pay - it must be legit. So they pay ~3$ and get infinite number of movies streamed. Because they look legit, and accept payments people fall for it, and then they are often blackmailed to pay more with threat of litigation.
    So yes. I think if something is illegal it should get payments blocked.

    1. Re:It's a bit tricky by fph+il+quozientatore · · Score: 1

      The problem is that mr. Joe User cannot (and shouldn't need to) verify whether a website is legal or not. How am I supposed to tell? "Hey, mr. Apple iTunes, could you please provide me a signed notarized copy of your agreement with Katy Perry to prove that you are selling her music legally?"

      --
      My first program:

      Hell Segmentation fault

    2. Re:It's a bit tricky by cfalcon · · Score: 1

      And what's illegal will be determined by a non-law enforcement process arbitrarily and quickly. Sounds just, ever so solid.

    3. Re:It's a bit tricky by thegarbz · · Score: 1

      So yes. I think if something is illegal it should get payments blocked.

      Oh I agree. Now next question, who determines if something is illegal?

      Before you answer reread the second sentence in the summary.

    4. Re:It's a bit tricky by Kjella · · Score: 1

      It's a tricky situation. The problem with paid pirated sites is that some users (read: my father-in-law for example) assume that since they pay - it must be legit. So they pay ~3$ and get infinite number of movies streamed.

      Pardon me, but that's just silly and doesn't pass the giggle test - you do think that if you pay a drug dealer the drugs are legal? Or because he pays for Internet that everything on it is free for the taking? I think you're creating a ridiculous and unenforceable standard if the payment companies should decide for each and every customer if what you're paying for may or may not be in violation of some law, code or regulation.

      --
      Live today, because you never know what tomorrow brings
  12. Complaint isn't enough by AnotherBlackHat · · Score: 3, Insightful

    We've already seen the kind of harm that is caused by abuse of the DMCA via automated take down requests.

    Blocking payment should at a minimum require a judge to sign off on it.

  13. " if something is illegal " by Anonymous Coward · · Score: 5, Insightful

    The key word being illegal. The copyright holders could get an injunction via the legal processes, with all their checks and balances and testimony under oath, and expert judiciary. Instead the proposal is to remove all the of legal process to determine if its 'illegal' and simply skip to the injunction on the word of the copyright lobby.

  14. Re:legal? by Anonymous Coward · · Score: 1

    "How many schools require classes in actual formal logic or classical debating? You know, where you actually have to EXPLAIN and SUPPORT your beliefs?

    Yeah, none."

    As a middle school math teacher, I apologize for my colleagues who failed you and invite you to follow my class.

    Math is formal logic and/or classical debate where you have to defend your beliefs?

    And you're a fucking TEACHER?!?!?

    What.

    The.

    Fuck.

    Thank you FOR MAKING MY POINT about crappy government-controlled education.

    You're so clueless you don't even realize you're clueless.

  15. Money Transfer Laws by Etherwalk · · Score: 1

    There are pretty strict laws for money transmitters and big, established players are like big banks: they're going to be incredible conservative and never risk having their business hurt by government regulators.

    1. Re:Money Transfer Laws by davester666 · · Score: 1

      hahaha the last worldwide recession begs to differ. and now they know, if they didn't already, that the penalty for crashing the financial system is...being given more money.

      --
      Sleep your way to a whiter smile...date a dentist!
  16. At least it will save people money by Kernel+Kurtz · · Score: 1

    I do understand there are principles at stake when payment processors are dictated to over who they can do business with (like Wikileaks), but there is at least an upside in this case. Nobody need pay for pirated content, it is all out there available for free. Forcing people to learn that will be a valuable lesson that will save them money in the end.

  17. Re:legal? by abuelos84 · · Score: 1

    Mathematical arguments are pretty much the purest form of logic, bro.

    --
    -- Counting backwards since 1984!
  18. Arbitrary decisions and ruining people's lives by kheldan · · Score: 2

    While credit card companies and payment companies like PayPal do have the right to decide who they will and will not do business with, a conspiracy between organizations like the MPAA, RIAA, and credit card companies to arbitrarily black-ball someone else's company smacks of anti-trust in my opinion. Without some sort of regulation, companies blackballed by this cabal of corporate giants would have only prohibitively expensive civil litigation to try to reverse the chilling effects it would have on their livelihood. This cadre of corporations could (and just might) use their combined power to destroy competition by branding them 'pirates'.

    --
    Are YOU using the TOOL, or is the TOOL using YOU? Think about it!
  19. Name names by fulldecent · · Score: 1

    For curiosity.

    Since these "pirate" websites are selling unlicensed media for money, do any of them have a policy of funding the original artist or the labels?

    --

    -- I was raised on the command line, bitch

  20. Oh boy by JustAnotherOldGuy · · Score: 4, Insightful

    "...the right to refrain from executing transactions to pirate sites if copyright holders (MPAA, RIAA, PSR for Music) file a complaint."

    Ha ha, no way this will be abused by the "copyright holders". I can't see anything that could go wrong here, no sir.

    Except these "copyright holders" have been known to file utterly bogus complaints, claiming copyright over birds singing, public domain works, anything that has a sound in the background that might (or might not) vaguely resemble some sound in something they own (or claim to own).

    But don't worry, Citizen, the uber-mega-international corporations have your best interests at heart, never fear! All hail the glorious mega-corporations! Remember, "corporations are people too"!

    --
    Just cruising through this digital world at 33 1/3 rpm...
  21. Chargeback Risk by rsilvergun · · Score: 1

    you're forgetting about Chargeback risk. The trouble is I can dispute charges on my credit card (it's a loan after all). It's entirely possible these are very high risk transactions, kinda like "Gentleman's Clubs" are, which most processors won't do business with for just that reason.

    --
    Hi! I make Firefox Plug-ins. Check 'em out @ https://addons.mozilla.org/en-US/firefox/addon/youtube-mp3-podcaster/
    1. Re:Chargeback Risk by rsilvergun · · Score: 1

      They're paying like 10-15% in fees.

      --
      Hi! I make Firefox Plug-ins. Check 'em out @ https://addons.mozilla.org/en-US/firefox/addon/youtube-mp3-podcaster/
  22. Goodbye bitcoin by rsilvergun · · Score: 1

    Won't that just be money laundering? You'll buy bit coin with your paypal or Credit card then pay the site for the illegal activity (like it or not, what these sites are doing isn't legal). That sounds like money laundering to me, and that's going to get a lot of attention real fast...

    --
    Hi! I make Firefox Plug-ins. Check 'em out @ https://addons.mozilla.org/en-US/firefox/addon/youtube-mp3-podcaster/
    1. Re:Goodbye bitcoin by cfalcon · · Score: 1

      No, that is nothing like money laundering.

      The equivalent of this is if the government could just wave a wand and suddenly you were incapable of gaining wealth- you couldn't pick something up if it had value, be it off the ground or in an exchange of goods. It's a wholly new risk generated by previously politically neutral organizations.

  23. Credit = Loan = Bank's Money by Irate+Engineer · · Score: 1

    Credit is borrowing, pure and simple. It's the bank's money. Just like a loan, they can refuse to provide the loan if they are risk adverse to the transaction for any reason. If they think (they don't need to prove it) you're doing something illegal that may cause you to go to jail, incur fines, etc. or think you're doing anything that may affect your ability to pay off the loan, then they are justified in refusing it.

    You get to use bank credit at their discretion. It is not a right, it is a contract privilege. If you don't like that, pay with cash or debit card.

    They are altering the deal. Pray they don't alter it any further.

    --

    Left MS Windows for Linux Mint and never looked back!

    Vote for Bernie in 2016!

  24. Bitcoin by cfalcon · · Score: 1

    Bitcoin gets crapped on a lot. Mostly it's justified. But it, and a few other fictional number based virtual moneys, are still around.

    And this is why!

    We already are in a situation where the #1 thing to do to attack user websites that don't have an army of lawyers is to get them banned from getting cash. You simply have a bunch of people spam where they get their money from, and that instantly goes away. This mini-financial crusade is instant, final, and is primarily worked around using bitcoin. Just a few years ago, when financial providers would not act this way, the desire for an uncontrolled way of exchanging cash was a whole lot lower.

  25. New world police force by Sector+Bug · · Score: 1

    Let's just create a new world police force that does not have to answer to the courts, the public or anyone else. Then put the MPAA and RIAA in charge of it. They are already running things, we might as well give them the actual title to go along with it anyways. And while we are at it make copyright permanent with no rights given to the purchaser, whatever use they may be allowed can be revoked at anytime without cause.

  26. Bitcoin users not affected by AlexDusty · · Score: 1

    This will teach the hard way the differences between centralized and p2p currencies