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MPAA Wants ISPs to Disconnect Persistent Pirates (torrentfreak.com)

Ernesto Van der Sar, reporting for TorrentFreak: The MPAA wants Internet providers and services to take stronger actions against persistent copyright infringers. Ideally, the most egregious pirates should lose their accounts permanently, the group says. To accomplish this ISPs should be required to track the number of notices they receive for each account. In recent weeks, many groups and individuals have voiced their opinions about the future of the DMCA, responding to a U.S. Copyright Office consultation. This includes the MPAA, which acts on behalf of the major Hollywood studios. In a 71-page submission the group outlines many problems with the current law, asking for drastic reforms. Ideally, the group would like search engines to enforce a "stay down" policy ensuring that content can't reappear under different URLs. In addition, it would like registrars to suspend domain names of pirate sites, such as The Pirate Bay.The problem is that ISPs don't necessarily see this abuse as a problem.

30 of 263 comments (clear)

  1. I have a better idea by L.+J.+Beauregard · · Score: 2, Insightful

    How about the MAFIAA stop producing crap and expecting people to pay through the nose to see and hear it?

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    1. Re:I have a better idea by L.+J.+Beauregard · · Score: 4, Insightful

      Exactly. If "pirates" didn't exist, the MAFIAA would have to invent them. They are not making as much money as they think they should, and the reason can't possibly be their own failure to produce a salable product.

      When all Internet access is filtered and monitored to a fare-thee-well, you get kicked off for so much as saying "Aaaarrrrr," the possession of uncrippled computing devices is a felony, and the MAFIAA are still complaining about their huge profits being not quite huge enough, then what will they do?

      --
      Ooh, moderator points! Five more idjits go to Minus One Hell!
      Delendae sunt RIAA, MPAA et Windoze
    2. Re:I have a better idea by Calydor · · Score: 3, Insightful

      They will lobby for a law to make it illegal not to buy at least five of their movies per year.

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      -=This sig has nothing to do with my comment. Move along now=-
    3. Re:I have a better idea by Bert64 · · Score: 4, Insightful

      "Piracy" is an inherent part of a free market whenever you are pricing a product significantly higher than the cost to produce it.

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      http://spamdecoy.net - free throwaway anonymous email - avoid spam!
    4. Re:I have a better idea by 110010001000 · · Score: 4, Insightful

      This is possible actually. They could make a law where Internet users pay a fee to "cover" all of their losses due to piracy. Similar to the the blank CD tax in some countries.

    5. Re:I have a better idea by Anonymous Coward · · Score: 5, Insightful

      I have conflicted feeling about this idea, on one had I really really want to do things legally. I subscribe to netflix, amazon prime, hulu and own hundreds of cd's dvd and bluerays. etc. I don't mind paying for ad-free content. but I'm currently in a situation where we will be traveling half-way around the world where our netflix subscription will not work, with a 2 and a 4 year old who insist on/have favorite movies. So, even though I'm paying for like 3 streaming services, I'm basically forced to pirate their favorite stuff thats unavailable on physical, purchasable media, because I need it off line, and in different regions. I guess that I *could* buy a 20 dollar dvd and rip it but then I will be paying a fourth time for something that I feel I've already paid for. Some things are simply unavailable legally.

      It's too much, they're too greedy.

      Piracy is the easiest (and coincidentally the cheapest) way to consume content. I can put it on any device I own, time shift, format shift and region shift without worrying if it'll work because I changed location, device or format for something I paid for already. The alternative is you can sit next to hysterical children on a 12 hour flight.

    6. Re: I have a better idea by dhjdhj · · Score: 2, Insightful

      Yeah yeah yeah, the money, time and intellectual effort put into the creation of something people want to later hear or watch aren't worth anything. Spare me the absurd attempts to rationalize theft to smooth your own conscience.

    7. Re:I have a better idea by GrumpySteen · · Score: 4, Insightful

      You'd think that, but no. The old adage about giving someone and inch and them taking a mile is still as true as it ever was.

    8. Re:I have a better idea by Applehu+Akbar · · Score: 4, Insightful

      How about the MAFIAA stop producing crap and expecting people to pay through the nose to see and hear it?

      And stop making it difficult to access content that we do pay for. Why in hell should movies that have gone to stream "expire?" Leave the movie on Netflix/ Amazon/ Hulu, so you can keep making money on it.

    9. Re: I have a better idea by Anonymous Coward · · Score: 2, Insightful

      Yawn, same old tired attempts at logic I have sat through before. I remember a college professor always calling IP infringement "rape" because you are "raping" Vanilla Ice or other bands when you copy their cassettes... back in the early 1990s.

      IP infringement isn't . The closest thing it is equal to is some kids sneaking in the back door of an empty theater. Problem is that IP rights have so abused here in the US (for example, you cannot make a new invention... and I mean -anything- without running afoul of some vaguely worded patent) that it is no wonder why there is no respect the other way.

  2. Why is enforcement the ISP's responsibility? by Anonymous Coward · · Score: 5, Insightful

    Why is it the ISP's responsibility to enforce copyright laws? Piracy is only a problem for the ISP if excessive bandwidth is consumed and it results in degraded network performance. But that doesn't really have anything to do with copyright laws.

    There need to be different penalties depending on the type of infringement. The person who downloads a couple of movies on bittorrent and doesn't realize they're also uploading is very different from a person who is collecting money for access to a site with a massive collection of movies. In short, to collect a large settlement, it should be shown that there's an intent to distribute and/or the person infringing upon copyrights is profiting from doing so. This would probably render it unprofitable to pursue individuals who download a few movies but don't intend to share them.

    The focus needs to be on people who are making the movies available to begin with, those who are sharing massive amounts of content, and those who are making a profit from piracy.

    Unlike what seems like a large portion of Slashdot, I don't think there's an ethical defense for piracy. However, the punishment ought to be proportional to the egregiousness of the offense committed. The massive settlements against people who weren't infringing a lot of content is absurd. And there's no reason to disconnect people from internet access for piracy, either temporarily or permanently. That's ridiculous.

    I'd suggest that for the casual offender, the maximum settlement should be the larger of 1.3*(retail price)*(number of proven downloads) or, 10*(retail price). Let the much larger settlements only apply to the most egregious offenders.

    1. Re:Why is enforcement the ISP's responsibility? by Anonymous Coward · · Score: 5, Insightful

      Unlike what seems like a large portion of Slashdot, I don't think there's an ethical defense for piracy.

      It's not so much that a people defend piracy, it's that there is a large reaction against the means the record/movie industry is using to battle something that should be their problem.
      If they want to change their product to make it harder to pirate I'm completely fine with that.
      Lobbying to change the law to make reverse engineering illegal is something I don't approve of. If I want to figure out how a product I bought works then they shouldn't have a say in the matter. If the record companies didn't want me to do that they shouldn't have sold me the product.
      I would like to keep the laws in a state where you have to prove that someone is doing wrong before punishing them.
      I would also like that everyone is treated equally under the law and that means that the "victim" can't have a say in what the punishment should be, otherwise we will get a situation where hurting a nice and forgiving person is less severe than one who is vengeful.

      Now we have a bunch of companies that wants to change the law so that they can point out people they don't like and punish them without a fair trial.
      Not only that, they want other companies to go through the work to do the punishment. That wouldn't be a problem if everyone just told those companies to fuck off.
      Unfortunately that isn't happening and because of that those companies have become the largest threat we have to functional democracy where everyone is treated equal under the law. Not even terrorist groups like ISIS are close to causing that much harm to our society.

      I don't care much for piracy. I got too busy with other hobbies and more or less stopped consuming the kind of media involved there, but I rather see all the companies involved with RIAA/MPAA dismantled and everyone working for them becoming unemployed with all the damage that comes with that than let them change the laws the way they want to.
      So whenever someone comes crying about "how should the artist get paid" all I can say is bugger off, you don't have a right to get paid and you sure as hell don't have the right to change the laws to make your business profitable.

      TL;DR; It's not in defense of piracy, it's in defense of a functional legal system.

    2. Re:Why is enforcement the ISP's responsibility? by AK+Marc · · Score: 4, Insightful
      By MPAA logic, Ford should refuse to sell to anyone with a speeding ticket, and GM will repo your car if you get a DUI. For some reason the silly MPAA suggestions sound even more insane when applied to other industries.

      Unlike what seems like a large portion of Slashdot, I don't think there's an ethical defense for piracy.

      It causes no harm, and anything that causes no harm should not be illegal. If you don't like that, please point out the error in it.

    3. Re:Why is enforcement the ISP's responsibility? by AK+Marc · · Score: 3, Insightful

      The problem is with your statement that piracy causes no harm.

      So, I buy a movie on DVD, copy it to my hard drive in violation of the license, thus piracy, what harm befalls the distributor? If I take that copy and put it on a USB and walk it over to a friend's house, and give the USB drive to them with the "illegal" movie on it, what harm befalls the distributor?

      It seems illogical that piracy would cause an increase in revenue; I think that's highly unlikely.

      The facts show that piracy correlates with profit. You may like to ignore reality, but denial doesn't change reality. You are the one asserting that advertising and exposure decreases revenue. Go on, back up your insane claim.

    4. Re:Why is enforcement the ISP's responsibility? by QuietLagoon · · Score: 5, Insightful

      Why is it the ISP's responsibility to enforce copyright laws?...

      It's not. This proposal is the basis for increasing the extortion done by the MPAA, e.g., "pay us $5000 and we won't have your ISP terminate your Internet access".

      .
      It makes it a lot easier for the MPAA surrogates to extort people into paying up, instead of paying for a lawyer to defend oneself against trumped-up charges.

    5. Re:Why is enforcement the ISP's responsibility? by QuietLagoon · · Score: 3, Insightful

      ...Unlike what seems like a large portion of Slashdot, I don't think there's an ethical defense for piracy....

      I also do not think there is an ethical defense for piracy.

      .,br> However, there is also no ethical defense for the sloppy tactics used by the MPAA (and RIAA) to identify, accuse, pass judgment and punish. They have been shown time and time again to operate outside the law, accusing, judging and punishing innocent people.

      If the MPAA and RIAA want to use the law to catch and punish pirates, then the MPAA and RIAA should work within the law to do so.

    6. Re:Why is enforcement the ISP's responsibility? by RogerWilco · · Score: 3, Insightful

      Unlike what seems like a large portion of Slashdot, I don't think there's an ethical defense for piracy.

      I have pirated one movie. I ad bought a new Blu-Ray player a few years ago, and wanted to watch Avatar on it with some friends.
      I couldn't get it to play because it needed a newer version of the player's software. Something with Avatar using a never version of DRM.
      The software update program would not work as it ran in SD, not HD and my beamer didn't understand it, or something like that. Something weird with the HDMI.

      After two hours of messing with it instead of having a fun evening with my friends, I downloaded the movie. That ran without a problem.

      I haven't bought a Blu-Ray since, my player gets used for DVDs and CDs but mostly gathers dust.

      I hate this kind of crap. They should make it easier to use the legal version than the illegal version. Preferably no DRM at all. I've only bough songs on iTunes that are DRM free and would prefer if all companies used that model. DRM just makes the experience worse for your paying customers and doesn't really hinder the pirates.

      --
      RogerWilco the Adventurous Janitor
    7. Re:Why is enforcement the ISP's responsibility? by Anonymous Coward · · Score: 4, Insightful

      Don't forget the part where the record/movie industry lobbied their way to extend copyright duration to absurd lengths, and in some countries, actually stole works from the public domain. It is one of the most visible and egregious examples of how badly corruption and bribery permeate governments across the globe.

    8. Re:Why is enforcement the ISP's responsibility? by sjames · · Score: 4, Insightful

      There is a deeper question though. Why should someone be sent to digital exile based on the ALLEGATIONS of the MPAA?

      They are basically saying (in public) That they believe their word should hold the power of law. Imagine. They want to just point to someone and like that, they're gone from the digital world. No witnesses, no trial, no right to face an accuser, just gone because the King said so.

      Someone who would ask for that with a straight face is the last person who should ever have any authority over anyone.

  3. LOL by Anonymous Coward · · Score: 2, Insightful

    Lol, also like the ISP's are gonna bend over and willingly lose money on behalf of somebody else.

    1. Re:LOL by Anonymous Coward · · Score: 0, Insightful

      Indeed. ISPs often do very little to secure their services against sufficiently determined freeloaders. Alienating paying customers and motivating them to become freeloaders is definitely not good for business.

  4. MPAA doesn't want ISP to take stronger actions by Anonymous Coward · · Score: 3, Insightful

    The MPAA doesn't want ISP to take stronger actions, the really don't want ISP's at all. There own fantasy world, without internet, where they transport there product using ships, trains and lorries to brick stores which they can tell to put any competitor on the bottom shelve. That is what the want.

  5. If they want copyright respected by Anonymous Coward · · Score: 4, Insightful

    then they need to respect copyright (and most especially the responsibilities) themselves.

    When they steal works from the public (by extending copyright), they disrespect copyright. When they destroy works before it gets to public domain, they disrespect copyright. When they make claims asserting copy right but are lying about it, they disrespect copyright. When they make claims of a work for hire (so the performers don't get residuals) but claim a creative work (which isn't a work for hire) so they can get the copy rights that works for hire do not accrue, they disrespect copyrights.

    When they have spend 50-80 years breaking their end of the copy right bargain, why the hell should I or anyone else still obey the restrictions on us?

  6. Allow DMCA abusers to be shut down too by auzy · · Score: 5, Insightful

    If the law also allows DMCA abusers to be shut down too, I have less of a problem with this law (by which I mean, companies which send out DMCA notices incorrectly). And by shut down, I mean, being unable to send out notices in the future, and disconnected from the internet entirely (including their company website)

    It wouldn't surprise me if all members of the MPAA have incorrectly sent out DMCA notices before, for media they had no rights too (a news station for instance shut down a video of a Mars landing uploaded by NASA).

    So, if laws were put in place to allow companies to be shut down, if they abuse the DMCA, or make a mistake, I wouldn't have a problem with this, because it would ensure that notices were only sent in cases that they were warranted.

    But the way it stands, it just opens the system up to more bullying and abuse.

  7. Say no to piracy by xororand · · Score: 5, Insightful

    Piracy is an act of robbery or criminal violence at sea.
    We should not tolerate marine thuggery.

    Copyright infringement, however, can't be easily equated to piracy or theft.

    https://www.gnu.org/philosophy...
    http://caselaw.lp.findlaw.com/...

  8. So, lemme get that straight, what was that? by Opportunist · · Score: 5, Insightful

    You want me to disconnect my customer, who will then burden and pester me and my support about it, I will lose that customer and potentially others, if word gets around that I randomly disconnect my customers based on nothing more but hearsay from you and your whims? You want me to risk my common carrier status and insanely bad press and PR? Without any kind of compensation whatsoever?

    You find the door yourself or should I just toss you out the window?

    --
    We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
  9. Re:Dosconnect the MPAA for persistent whining by Opportunist · · Score: 1, Insightful

    Correlation =! causation. A lot of people stopped downloading movies and at the same time they stopped going to the movies, that is true. Hence the conclusion that downloading means people go to the movies more.

    The fallacy is that they stopped going to the movies 'cause they stopped downloading. Closer to the truth is simply that they stopped both because the junk produced today ain't even worth the bandwidth, let alone money.

    --
    We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
  10. Headline correction by overshoot · · Score: 4, Insightful

    s/Persistent Pirates/Repeatedly Accused Pirates/

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    Lacking <sarcasm> tags, /. substitutes moderation as "Troll."
  11. Re: Causes no harm? by Ken+D · · Score: 4, Insightful

    So that silly myth that they teach in schools, the one that suggests "society's" in charge... you actually believed that shit?!

    I know, right? I have no problem with copyright being issued for a limited time and yet somehow the copyright period gets longer and longer and when was the last time something ended up in the public domain? Someone has unilaterally altered the bargain and we shouldn't need to pray that they don't alter it further.

  12. Re:Causes no harm? by Kernel+Kurtz · · Score: 5, Insightful

    Some people will still create new content and no doubt some people will still find ways to do so commercially. But society shouldn't complain if it makes that change and then finds that, lacking the same incentive to create and share new works, hardly anyone is making big summer blockbusters or original AAA quality computer games or well-produced studio albums or....

    People were creating art long before there was such a thing as copyright.

    The world before copyright gave us Shakespeare and Beethoven. The world now gives us Justin Bieber and Sharknado.

    Nuff said.