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Cloudflare: We Can't Shut Down Pirate Sites (torrentfreak.com)

CloudFlare has said it cannot shut down piracy websites. The CloudFlare's response comes two months after adult entertainment outfit ALS Scan filed a complaint at a California federal court two months ago in which the company accused the CDN service of various counts of copyright and trademark infringement. From a TorrentFreak report:"CloudFlare is not the operator of the allegedly infringing sites but is merely one of the many intermediaries across the internet that provide automated CDN services, which result in the websites in question loading a bit faster than they would if they did not utilize CDN services." If Cloudflare terminated the accounts of allegedly infringing websites, the sites themselves would still continue to exist. It would just require a simple DNS reconfiguration to continue their operation. "Indeed, there are no measures of any kind that CloudFlare could take to prevent this alleged infringement, because the termination of CloudFlare's CDN services would have no impact on the existence and ability of these allegedly infringing websites to continue to operate," Cloudflare writes. As such, the company argues that it's not "materially contributing" to any of the alleged copyright infringements.

140 comments

  1. build a wall! by Anonymous Coward · · Score: 0

    And put 'em up against it! They're thieving pirates! Remember when we used to hang pirates! Damned SJWs won't let us hang pirates any more!

  2. Re:Kill ugly Cloudflare traffic by Anonymous Coward · · Score: 3, Informative

    Set your default gateway to 127.0.0.1, this is a free service that blocks all attacks from CDN providers.

  3. Re:Kill ugly Cloudflare traffic by Aaden42 · · Score: 1

    It’s unfortunate how many businesses still treat them as a legitimate CDN. We have an A/V vendor that does sig updates through Cloudflare. Tough to block their IP’s...

  4. Passing the buck? by Ragnarok89 · · Score: 2

    I think CloudFlare's comments are accurate, but I'm no expert.

    1. Re:Passing the buck? by mi · · Score: 5, Insightful

      I think CloudFlare's comments are accurate, but I'm no expert.

      I'll play an expert. CloudFlare are lying. Though it is correct, that "a simple DNS reconfiguration" would allow the pirates to continue to exist, their bandwidth requirements will go much higher and they would not be able to do as much damage to the intellectual property owners.

      Think, for example, of banks blocking money-laundering — it does not stop whatever activity generates the criminals' profits. But it makes the criminals' lives (much) harder.

      The reaction and attitudes of Slashdot and other crowds will, once again, boil down to those towards the original activity. People frowning on copyright infringement will denounce CloudFlare. Others will celebrate the pirates getting off for a while longer.

      But technically CloudFlare's arguments are bullshit — and they know it.

      --
      In Soviet Washington the swamp drains you.
    2. Re:Passing the buck? by Anonymous Coward · · Score: 1

      ALS Scan filed a complaint

      And thus we saw to the uterus of the argument as it would have been spread out with a speculum.. :)

    3. Re:Passing the buck? by Anonymous Coward · · Score: 0

      I think copyright is largely overblown with a bunch of whiny MPAA and RIAA brats that bought legislation they don't like anymore and cry about it day in and day out, subjecting the rest of us to endless streams of bullshit.

      CloudFlare absolutely should obey the DMCA and valid takedown notices they have received. If they are obeying them and this ALS Scan organization doesn't like it, they should go shut themselves in a bathroom and scream at the mirror and spare the rest of us their obnoxious whining about the laws their own organizations bought. The judge should call their lawyer up to the bench and crack their skull with the gavel, then dismiss the case with prejudice and make them responsible for whatever legal fees CloudFlare incurred.

      And, if CloudFlare is not obeying the DMCA then I believe they are liable for infringing content that their customers have provided on their service.

    4. Re:Passing the buck? by mysidia · · Score: 1

      I do not frown on the copyright infringement; However, I agree, that CloudFlare is perjuring themself if they say "They can't shut down the sites".

      While they cannot "keep the sites offline"; pulling their service will, at least for the short term block a venue for accessing those sites.

      because the termination of CloudFlare's CDN services would have no impact on the existence and ability of these allegedly infringing websites to continue to operate

      This is not true.
      Their web hosting providers could make the same argument, by the way.
      "A simple movement of the files to a new hosting provider and DNS reconfiguration"

      Because removing the CloudFlare CDN service, after the DNS reconfiguration required to re-enable those sites would expose the IP addresses those websites are running on, so that takedown requests can more easily be generated against other providers.

      Furthermore, there would be an impact on the performance (Speed) and resource utilization of those websites.

      Furthermore, the CDNs protect the sites against conditions that would likely cause DoS and intermittent availability.
      And there are a limited number of CDN services available

      If knowingly extending CDN services to any of these websites, CloudFlare can legitimately said to be aiding and abetting the distribution of their content by those websites.

    5. Re:Passing the buck? by Anonymous Coward · · Score: 0

      >the website would definitely slow down therefore CF is lying
      Wow.

    6. Re:Passing the buck? by Anonymous Coward · · Score: 4, Insightful

      So you are suggesting that CDN services should shoulder the burden of investigating what their clients are using their services for?

      Do you think ISPs should need to do the same?

    7. Re:Passing the buck? by Anonymous Coward · · Score: 0

      Ah, "much damage to the intellectual property owners" - the lost sales myth.... again...

    8. Re:Passing the buck? by Anonymous Coward · · Score: 2, Interesting

      Former 8 year ISP employee:

      Yes, after they've been informed of it. That's the entire point of the safe harbor laws. You don't have to be proactive; you *do* have to respond once you've been notified that there's a problem -- or facilitate the challenging of the notice -- otherwise you're aiding and abetting.

      In this case, CloudFlare is full of shit. "They're just a customer of ours!" is no excuse whatsoever. By accepting money in exchange for their HTTP proxying services, they're in a commercial transaction and are profiting from the endeavor. If they continue to use this line of defense, I hope they get sued.

    9. Re:Passing the buck? by Tharkkun · · Score: 1

      I think CloudFlare's comments are accurate, but I'm no expert.

      I'll play an expert. CloudFlare are lying. Though it is correct, that "a simple DNS reconfiguration" would allow the pirates to continue to exist, their bandwidth requirements will go much higher and they would not be able to do as much damage to the intellectual property owners.

      Think, for example, of banks blocking money-laundering — it does not stop whatever activity generates the criminals' profits. But it makes the criminals' lives (much) harder.

      The reaction and attitudes of Slashdot and other crowds will, once again, boil down to those towards the original activity. People frowning on copyright infringement will denounce CloudFlare. Others will celebrate the pirates getting off for a while longer.

      But technically CloudFlare's arguments are bullshit — and they know it.

      Except ALS Scan wants to DDOS them off the internet which is *illegal* so they can go to hell.

    10. Re:Passing the buck? by vux984 · · Score: 5, Insightful

      Where do you draw the line, if I'm *suspected* of running, oh i dunno... an illegal unpasteurized milk business from my home, should the telephone company be obligated to cancel my service? Should the power company be obligated to turn off the power? Should the snow clearing company be obligated not to clear my driveway?

      While they cannot "keep the sites offline"; pulling their service will, at least for the short term block a venue for accessing those sites.

      Yes, and the power company, telephone company, and snow plow all pulling their services will all make it more difficult for my 'customers' to access my illegal services. That doesn't make them contributors to it.

      If knowingly extending CDN services to any of these websites, CloudFlare can legitimately said to be aiding and abetting the distribution of their content by those websites.

      And if you tell my snowplow guy you suspect I'm delivering illegal milk (remember I haven't even been charged yet, nevermind convicted... you could be a busybody for all he knows), but he's now aiding and abetting the distribution of illegal milk by clearing my driveway? Really? That's how you think the world should be?

      I think CDNs should be treated as neutral in this. If a court asks them (via subpoena) for a the contact / billing information for the allegedly infringing site then they would have to turn it over. But I don't thin the CDN is aiding and abetting the illegal activity any more than the telco is for running the wires, or the power company is for providing the electricity.

    11. Re:Passing the buck? by pr0fessor · · Score: 1

      The takedown notice is a broke device that causes harm when used improperly.

      There are streaming service/online sales and rights management companies indie bands stay away from like tunecore... for sending take down notices to the bands official website or youtube channels.

      I do graphic arts for some indie label bands and have heard horror stories about take downs being sent to their hosting providers and youtube channels that have been shutdown at the launch of a new album or release of a video. These bands don't make a lot of money or have expensive lawyers to help them get back losses.

    12. Re:Passing the buck? by Anonymous Coward · · Score: 1

      So you are suggesting that CDN services should shoulder the burden of investigating what their clients are using their services for?

      No, I really don't think he's saying that.

      I think he's saying that after someone points a loaded gun at a CDN's face, complaining about one of the CDN's customers, the CDN should either step aside or accept their imminent oblivion.

      Just like ISPs.

      Once someone has credibly threatened to use force against you, you ARE going to be shouldering some burden, period. (We're past words like "should." Before ALS complained, Cloudfare didn't need to investigate anything. But that was months ago.) The shouldering of this burden is unconditional, indisputable and inevitable. Nobody except the aggressor, can do anything about it. And then once you're in that situation (as CloudFare was, once they started getting nastygrams from ALS lawyers), it's time to decide: fight or flight.

      Cloudfare chose to fight. They are courageous and we all respect their bravery. The world needs more of that.

      And now they're going to die, because none of you people can be bothered to vote or run against Republicrats in Congressional elections. And yes, by "you people" I mean me too.

    13. Re:Passing the buck? by sjames · · Score: 3, Informative

      They are not a publisher nor do they host content. The DMCA is properly sent to the actual hosting provider or the publisher.

    14. Re:Passing the buck? by Anonymous Coward · · Score: 0

      Good point about notification, that certainly removes the burden of investigation from the service provider.

      Still seems a little odd to me that certain types of service providers are targeted by these orders and not others. Pretty sure the power company is making money off of these services as well...

    15. Re:Passing the buck? by Anonymous Coward · · Score: 0

      Prove it in court.

      We have money too.

    16. Re:Passing the buck? by BarbaraHudson · · Score: 3, Insightful

      Of course they're lying. Quote

      he termination of CloudFlare's CDN services would have no impact on the existence and ability of these allegedly infringing websites to continue to operate

      If it would make now impact, why are they in business? Kind of hard to get people to buy a service that doesn't do anything.

      --
      "Transparent" is a shit show that trades on every stereotype going. A man in drag is NOT a transsexual.
    17. Re:Passing the buck? by BarbaraHudson · · Score: 1

      Grow-ops have the power cut all the time. Why should an illegal raw milk distributor be any different?

      They can also cut your physical phone line, terminate your phone service (once they seize your bank account, everything else will be cut eventually anyway), and barricade your entrance so the snowplow guy can't plow, though he won't bother once your checks are returned.

      --
      "Transparent" is a shit show that trades on every stereotype going. A man in drag is NOT a transsexual.
    18. Re:Passing the buck? by wbr1 · · Score: 2
      Hate to play devils advocate here as I hate the current state of IP. However in your analogy, CloudFlare is not providing electricity or clearing snow. They are the company providing you with more cows and the equipment to milk them. They are, for better or worse, more materially related to your illegal business.

      Now, should unpasteurized milk (copied media) be legal or less restricted? Probably so.

      --
      Silence is a state of mime.
    19. Re:Passing the buck? by Drakonblayde · · Score: 1

      Of course they're lying. Quote

      he termination of CloudFlare's CDN services would have no impact on the existence and ability of these allegedly infringing websites to continue to operate

      If it would make now impact, why are they in business? Kind of hard to get people to buy a service that doesn't do anything.

      There is a difference between impacting ability to operate and impacting ability to operate at a given service level.

      Cloudflare is absolutely correct. If they kick off sites that are being accused of copyright infringement, it doesn't make those sites go away. It's just more cost effective for the alleged criminal enterprise to use a CDN service, not necessarily cost prohibitive to not use one.

      Cloudflare is being asked to chop off revenue streams based on a flawed premise. If it actually would make a difference, I'd say yeah, they should boot 'em, but since it doesn't, I kind of see their point and I'd probably say 'screw that' if I were in similar circumstances

    20. Re:Passing the buck? by Anonymous Coward · · Score: 0

      A CDN *does* host content, at servers conveniently close to the recipient, providing many more content servers than the primary website.

    21. Re:Passing the buck? by Anonymous Coward · · Score: 0

      And accepts money for doing so.

    22. Re:Passing the buck? by vux984 · · Score: 2

      Grow-ops have the power cut all the time.

      Are you absolutely sure? Can you find a cite for that?

      I know unusual power consumption is actively used to *identify* grow ups, but I don't think the power company is ever obligated to cut power. I mean... why bother? Once they know where they are they just go collect the plants.

      From what I can tell grow ops losing power is usually initiated by the utility itself because the grow up was actually stealing the electricity (ie not paying for it) and the only reason the courts get involved with that is because some utilities are so regulated that they need permission to cut off the power even when it is being stolen -- because it could lead to a resident freezing in the winter for example.

    23. Re:Passing the buck? by sjames · · Score: 1

      They CACHE the data. That is, if they don't have an in-date cache of the requested resource, they fetch it from your actual hosting provider. Lawyers, judges, and congressmen can argue it out and decide if they are LEGALLY equivalent to a hosting provider but thus far, no such determination has been made.

      Let's say I have a bunch of HTML and images I want to put on the web. So I call CloudFlare and ask them where do I upload them. They tell me I need to get a hosting provider first...

    24. Re:Passing the buck? by BarbaraHudson · · Score: 1

      How do you know what they'e netting on their operations? Oh, right, you don't. The cost difference between serving the files themselves and using CloudFlare might just be enough to put them out of business. Also, then it's easy to shut down the site because they're not hiding behind CloudFlare. So CloudFlare is definitely the difference between operating and getting caught and shut down, whether they'd still be profitable or not.

      --
      "Transparent" is a shit show that trades on every stereotype going. A man in drag is NOT a transsexual.
    25. Re:Passing the buck? by vux984 · · Score: 2

      They are, for better or worse, more materially related to your illegal business.

      And that's i guess where you are trying to 'draw the line' between peripherally or incidentally related and 'materially' related. But i don't think it's a very clear line -- perhaps snowclearing my driveway is on one side and fedex actually carrying packages for me is on the other?

      But without both, my milk isn't going anywhere; so who's to say that the snow clearing isn't material?

      As for the vendor selling me cows and milking isn't that like arguing the gun store is somehow responsible for what people do with them?

    26. Re:Passing the buck? by BarbaraHudson · · Score: 1

      Here you go

      Once police enter a grow-op, they order electricity to be cut to the building and register a Make Safe order against the property. The Electrical Safety Authority will only restore power when the building is made habitable according to a report from a qualified engineering firm or industrial hygienist.

      Even suspected grow-ps have their power cut

      A older home on No. 7 Road had its power off for three weeks after evidence of tampering was found on its old meter. But the tenant was never informed what the problem was, and instead was told BC Hydro suspected it was a grow-op.

      Meter tampering usually means there's a grow-op.

      --
      "Transparent" is a shit show that trades on every stereotype going. A man in drag is NOT a transsexual.
    27. Re:Passing the buck? by Anonymous Coward · · Score: 0

      If it would make now impact, why are they in business? Kind of hard to get people to buy a service that doesn't do anything.

      That's like saying my website would have no impact based on being listed in Google search results or not. Of course it would.

      But if Google was ordered not to delist the site from the search results, but instead was ordered to take my website offline, they would be incapable of doing so since they are unrelated to my hosting provider.

      Cloudflair is just doing (technically accurate) legal linguistic squabbling, for whatever little good they believe that will do for them.

      For one, once the prosecution realizes their dumb mistake and making the wrong demand compared to what they actually want, they will be wasting no time coming back to make the proper demand.

      (Similar if I violated copyright but was taken to court for stealing. I would get off scott free being trivial to prove no theft took place. That wouldn't stop them from turning back around and suing me again for copyright infringement and winning)

      For two, judges tend to look down on and punish legal linguistic squabbling. It's not too different from internet trolling but in real life.
      Maybe Cloudflairs legal team didn't think of that and it will bite them in the ass.
      Maybe they did think of that and are hoping the judge looks less down on them for their linguistic squabbling compared to how much they hope the judge will look down on the RIAA for their multiple lying to the court and faking damages and claims.
      *shrug* I don't know what their plan is.

    28. Re:Passing the buck? by Anonymous Coward · · Score: 0

      Cloudflare is not obeying the DMCA, they are using a loophole in it designed for transit (eg cogent,level3) to say that they don't have to do anything. They just pass on the DMCA to the customer who then does nothing. In fact what happens in the case of 8ch-related sites is they emailbomb the DMCA sender.

    29. Re:Passing the buck? by Anonymous Coward · · Score: 0

      There are child-porn sites on cloudlfare that have been around for years. Cloudflare knows they exist and doesn't care.

    30. Re:Passing the buck? by rtb61 · · Score: 2

      Of course according to your bullshit logic cloudflare is a fluffy bunny charity and provides it services at a loss. No, they charge for it and they charge more for the service they provide than what it costs them. People use cloud flare to avoid setting up their own 'secure' services, the ability to distribute without disruption, due to local conditions and very local conditions (inside the building). All they do is relocate bandwidth problems away from local services and distribute those loads securely across a broader network and they do it at a profit. The original distributor can do it all themselves and at about the same price, because discount achieved for backbone bandwidth are gobbled up in their profit margins.

      For cloudflare to function at the best possible performance level it can not have choke points and the information must simply flow straight through and any attempt to monitor, record, filter, censor, will cripple their function and all their customers will go elsewhere or go back to doing it direct. As always pigopolists lie like there is no tomorrow and pay lobbyists to pay off politicians so those politicians will parrot the lies.

      --
      Chaos - everything, everywhere, everywhen
    31. Re:Passing the buck? by JoelKatz · · Score: 1

      Say FedEx was knowingly carrying packages that carried illegal child pornography. And say they knew which customers were shipping them and could easily stop just those packages. They could raise this kind of argument: "We aren't materially contributing to the distribution of the child pornography because if we didn't ship them, they would just drive them themselves. So there's no point in us refusing to knowingly transport illegal child pornography. Don't even ask us."

    32. Re:Passing the buck? by ArmoredDragon · · Score: 1

      Or the pirate sites could just relocate inside of tor, thus obviating the need for a CDN. Only way to DDoS a .onion site would mean DDoSing all of tor.

      And given the US government hates a lot of the sites on tor and hasn't been particularly successful at killing the ones that it hates the most (only rarely succeeding) I think tor is a safe bet to escape from DMCA type laws.

      In fact, tor was specifically designed to help people get away with breaking the laws of various countries.

    33. Re:Passing the buck? by youngatheart · · Score: 1

      You know, I think maybe our proxy at work caches website data. I know my browser on my computer does. If a computer is temporarily storing data in order to make responses faster, exactly where is the delineation that makes the cached data something illegal?

      I know that my local browser cache isn't sharing publicly, and I know my proxy at work isn't sharing files with the rest of the world. I know it's different. Is that the line? Is that the demarcation? Does Cloudflare review the contents of what they are sharing by hand or do they automate the process of caching? If they're reviewing content by hand, well in my mind, that makes them complicit. On the other hand, if they treat everyone the same, using an automated process, well that's different. I know the law may not see it differently, but reality makes a person responsible for their choices. If you write an algorithm that treats all customers the same, well regardless of the law, that's morally different than actually deciding to help someone do something illegal.

      Our court system is built on the idea that people make the decisions of what is morally right or wrong in application of the law. That's what I'm really getting at here. Not how the laws are written, but what is right and wrong.

      I really don't know the answer to what is the legal demarcation. I don't know what Cloudflare does. I admit ignorance. Educate me. Please.

    34. Re:Passing the buck? by vux984 · · Score: 1

      Both links aren't really about shutting down power to curtail illegal activity, per se. Both struck me as more safety related -- in the first they mention illegally bypassed meters (theft of electricty) as well as the status of the buildings being unsafe for human habitation etc (due to mold, humidity, and dangerous wiring etc... ) The power was NOT cut because generic illegal activity had taken place ... it was cut because the wiring situation there was a hazard.

      Likewise, the 2nd article, the main reason the power was off was the wiring around the electrical box needed to corrected and repaired. The grow-up allegation was incidental -- the electricy would have been shut off even the meter replacement guy had been invited in for tea and given a tour of the place. The root issue was the unsafe wiring. He couldn't legally attach the meter and turn the power back on until the wiring was corrected.

      So, thank you for the links, but I don't feel they've really demonstrated anything except that the power will be cut off if the wiring has been illegally tampered with and/or is a hazard. That's a long way from it being used to deny a criminal electricy as part of a curb on his ability to commit a crime.

    35. Re:Passing the buck? by Anonymous Coward · · Score: 0

      You better believe the gunstore is partially responsible if someone comes in and asks for a gun to blow away their boss.

    36. Re:Passing the buck? by vux984 · · Score: 1

      And is the website operator announcing the CDN that's he's going to commit a crime?

      No.

      So....where does that leave your argument?

    37. Re:Passing the buck? by Anonymous Coward · · Score: 0

      I'll play an expert. CloudFlare are lying. Though it is correct, that "a simple DNS reconfiguration" would allow the pirates to continue to exist, their bandwidth requirements will go much higher..

      Whilst not wishing to appear to defend ALS on this one, but indeed, ClodFlare(sic) are lying shitheads here..their argument, technically correct as it is, does indeed gloss over the fact that they're 'enablers' in the piracy game.

      ..and they would not be able to do as much damage to the intellectual property owners.

      meh, I question this 'damage' is a bad thing for us, the non-IP owners... Here's several examples why,

      Software: I've downloaded 'pirate' copies of various DAW packages, tested them on my systems, eventually opted for the one which worked best for me, then purchased a legitimate copy...the only 'damage' that the IP owners of the software I didn't eventually purchase suffered is that in the case of a rather well-known provider of DAW software, I'll not touch their products with the proverbial 20ft barge-pole (and get somewhat bemused when I hear people rave about it...talk about emperors new clothes...ach, each to their own..).

      Music: I download quite a lot of music, a lot of pirated stuff yes, but I also purchase quite a lot. I'm now an old and cynical bastard, so, unlike the heady days of my youth when I'd blindly buy any album by those bands I liked as they came out (even queueing outside record shops for hours on the morning of the albums release FFS!), now I'll listen to a copy of their new albums before I decide to purchase...or not, as there is now so much drek out there being produced by people who really should know better. So yes, they'll lose sales...poor them..but thanks to the likes of Bandcamp the monies I don't spend on 'established' names gets spent elsewhere, swings and roundabouts...

      Films: What can I say, I've watched several films online over the past couple of weeks that have just hit the cinemas here. I will not be going to see them on a big screen. The words 'steaming piles of elephant shit' come to mind.. I've heard people say things like 'but you can check on Rotten Tomatoes if film X is good/bad', that's fine if you're into herd mentality (just checked, one of the films I'm placing in the 'elephant shit' category has 88%/82% ratings there..so, no, sites like Rotten Tomatoes are of no earthly fscking use to me)

    38. Re:Passing the buck? by Dahamma · · Score: 1

      Caching is no different from distributing once you know your source is illegal. A lot of parts of the DMCA suck, but that's pretty much the only sensible principle of the entire thing.

    39. Re:Passing the buck? by sjames · · Score: 4, Insightful

      Actually, the DMCA simply limits the amount of time a cache of content identified to be infringing may be held (that is, says they cannot become a de-facto host of the material). It defines the notification to be served when the host of the data takes it down. CloudFlare and other CDNs expire cache well wityhin that time.

      In other words, the claimant must notify the HOST who then must take the data down. Any CDN must then let the cache expire.

      So it's fairly exllicit who must be notified and who must do the take-down and it's not CloudFlare.

    40. Re:Passing the buck? by sjames · · Score: 1

      It's simple algorithmic caching. You request a URL. It looks to see if it has a copy AND that the copy is recent enough (I don't know how long is enough but it's on the order of an hour). If so, it serves it to you itself. Otherwise it fetches it from the actual host and passes it on (retaining a copy for the cache).

    41. Re:Passing the buck? by Anonymous Coward · · Score: 0

      Almost all your points are irrelevant. Most site owners are using Cloudflare to help shield themselves from even being detected and tracked down. If it was known who the owners were then yes - their power supply, telephone line and snow plowing service would be cut off - because they would be bankrupt or in jail for breaking copyright laws. Cloudflare knows the situation exactly, they are hovering in a grey area by protecting these websites and this court case will break down that wall.

    42. Re:Passing the buck? by AmiMoJo · · Score: 1

      CloudFlare makes pages load faster by distributing content from servers that are closer to the client. If the site is hosted in the US but the client is in Europe and the site has CloudFlare, some of the content will be served from a European Cloudflare server.

      They also provide additional services like DDOS protection, spam protection, Tor user blocking etc.

      If they withdrew services from allegedly infringing sites, those sites would load a bit slower for some users and might have to spend money on additional servers or bandwidth to handle some additional load. They could also just use a different CDN.

      CloudFlare are right. It's the same with the hosting providers that give rack space and network connectivity to these sites. Even if they didn't, someone else would and the sites would stay up. Look at all the attacks on The Pirate Bay, and after 13 years it's still going strong.

      --
      const int one = 65536; (Silvermoon, Texture.cs)
      SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
    43. Re:Passing the buck? by crawling_chaos · · Score: 1

      If a computer is temporarily storing data in order to make responses faster, exactly where is the delineation that makes the cached data something illegal?

      Perhaps where the computer in question is owned by an entity that is paid by the infringer to cache said content? I'm no lawyer, but I don't see CloudFlare's arguments holding up real well in front of a judge. Perhaps they are doing this to show that they just won't rollover over takedown requests and that they will require court orders to do so. They may need that to legitimately void the contracts without prejudice.

      --
      You can only drink 30 or 40 glasses of beer a day, no matter how rich you are.
      -- Colonel Adolphus Busch
    44. Re:Passing the buck? by Areyoukiddingme · · Score: 1

      Crap. Posting to undo moderation. Meant to mod you up and missed.

    45. Re:Passing the buck? by Anonymous Coward · · Score: 0

      > Grow-ops have the power cut all the time.

      Actually they seldom do. I suggest you research it more carefully.

    46. Re:Passing the buck? by mysidia · · Score: 1

      The takedown notice is a broke device that causes harm when used improperly.

      I agree in principle, but I still support CloudFlare having to do the takedowns just as any other webhost would. The law is what the law is, but the law must not be enforced differently for CloudFlare than for any other hosting provider.

      Inconsistent application of the law, and failing to apply it to powerful people or companies would mean that unjust laws don't get fixed.

      To get the takedown notice law fixed properly; It is very important that our courts and judges apply the law to every company that applies to.

      Consistent enforcement just adds companies like CloudFlare as voices in support of changing the law, whereas, they previously pretended they could just ignore the law.

      This is part of why it's so outrageous to see the laws on the books not being enforced consistently against political leaders, big company CEOs, members of political leaders' families, etc.... It is these people who have a great deal of sway to raise attention to problems in the law, therefore, of all people, or companies, it's most critical that the enforcement against these entities such as CloudFlare have the strongest enforcement of the law of all, against them.

    47. Re:Passing the buck? by BronsCon · · Score: 1

      The amount of effort they must put forth to do their part far exceeds the amount of effort the pirate sites must put forth to recover. It's a negative sum game and there is no reason for them to play it. They're absolutely correct about that.

      --
      APK quotes people (including myself) without context and should not be trusted. Just thought you should know.
    48. Re:Passing the buck? by BronsCon · · Score: 1

      Yes, a CDN hosts content. In this case they're hosting images, stylesheets, javascript, and maybe a bit of XML; CloudFlare does not cache much beyond that.

      Unless the claim is that the pirate sites are using unlicensed images and ripped off site templates (which it is fully possible and more than likely that they are doing; though I don't understand that to be the nature of the claims against them), CloudFlare is not contributing to the piracy in any way.

      --
      APK quotes people (including myself) without context and should not be trusted. Just thought you should know.
    49. Re:Passing the buck? by BarbaraHudson · · Score: 1

      CloudFlare is, to the outside world, hosting the site. After all, the site has no external IPs of it's own, which makes CloudFlare the hosting service. That's what a content distribution network does - hosts and distributes the site's content. They could certainly be ordered to stop hosting and distributing the site's files, same as any ISP can be ordered to stop hosting and distributing the site.

      --
      "Transparent" is a shit show that trades on every stereotype going. A man in drag is NOT a transsexual.
    50. Re:Passing the buck? by BronsCon · · Score: 1

      What's more valuable: shutting the site down immediately, or allowing law enforcement to collect evidence and obtain and serve a warrant for the account details, including billing information (identifying the site owner) and actual IP addresses of servers (identifying the hosting provider)?

      Once they've identified the hosting provider, they can easily get another warrant for the account details held there and the servers hosting the site. They, then, have two sets of billing details identifying one or more child porn site operators, as well as the contents of the servers filed away in evidence and can go arrest and prosecute the site operators so they're not on the street to spring up more such sites in place of the ones you're saying they should take down on sight.

      Now, then, the question remains: does CloudFlare notify the proper authorities when such a site is found? They should, and I like to believe they do. They should not provide any details beyond the address of the site, however, until a warrant is presented, at which point they should do so without hesitation or argument; a good lawyer could argue they were acting as an agent of the state in providing said details without a warrant and have a case thrown out.

      And no, you can't say "the sites are still up so, clearly, CloudFlare hasn't turned them in". Yes, that's one possibility; others include:
      A) They did turn the sites in; investigations are still underway and CloudFlare has been asked (neigh: ordered) to leave them alone
      B) They did turn the sites in; the sites are FBI honeypots and CloudFlare has been asked (neigh: ordered) to leave them alone
      C) The sites are hosted outside of the jurisdiction of the agency to which they were reported and CloudFlare has been asked (neigh: ordered) to leave them alone while the proper agencies are pulled in
      D) Some combination of A, B, and C
      E) Something else I've not thought of here

      Full disclosure: I interviewed at CloudFlare a while back and know several engineers there. I've actually asked how they handle these types of situations in the past and the answer is universally along the lines of "we take steps to ensure such sites disappear for good; beyond that, I am not allowed to discuss it". To me, that implies that they do care and that they do turn in such sites.

      --
      APK quotes people (including myself) without context and should not be trusted. Just thought you should know.
    51. Re:Passing the buck? by BarbaraHudson · · Score: 1

      And grow-ops illegally modify wiring, so, as you yourself conceded "demonstrated anything except that the power will be cut off if the wiring has been illegally tampered with and/or is a hazard. " And when you argue that "That's a long way from it being used to deny a criminal electricy (sic)" you're overlooking the obvious - meter tampering is illegal.in and of itself, as is theft of electricity.

      --
      "Transparent" is a shit show that trades on every stereotype going. A man in drag is NOT a transsexual.
    52. Re:Passing the buck? by BronsCon · · Score: 1

      Also, then it's easy to shut down the site because they're not hiding behind CloudFlare.

      Until they hide behind something else.

      --
      APK quotes people (including myself) without context and should not be trusted. Just thought you should know.
    53. Re:Passing the buck? by BronsCon · · Score: 1

      they charge for it and they charge more for the service they provide than what it costs them

      Funny, I've been using them for years and I've never paid them a cent. If $0.00 is more than it costs them, that cost would appear to be negative.

      No, the reality is that the bandwidth and minuscule amount of storage required by most sites is far a cheaper advertising cost than, say, AdWords; so, they give their core CDN service away literally for free and bank on charging for more enterprise-level features.

      --
      APK quotes people (including myself) without context and should not be trusted. Just thought you should know.
    54. Re:Passing the buck? by BronsCon · · Score: 1

      More to the point and perhaps something you didn't consider: by simply stopping the packages they would actually be contributing more than by delivering them. They'd be alerting both the distributor and the recipient that they'd been discovered and giving them time to flee. Better is to silently alert the authorities, otherwise carrying on as if you didn't know anything, wait for the warrant, then turn over additional details without hesitation.

      If you actually want to see a criminal organization taken down and the people running it successfully prosecuted, don't interfere and don't give police everything you have up front. Leave the situation alone, let police know *what* information you have, give them enough of a taste that they'll be able to get a warrant, and assure them that you'll hand it over the moment they show up with such. This ensures the following:
      A) They will seek a warrant
      B) They will not raid your house at 3AM to obtain the evidence
      C) There will be sufficient proof of how said evidence was obtained that even the best and most expensive lawyers won't be able to have it thrown out

      Expanding on point C, without the warrant it is entirely possible that a good lawyer could argue parallel construction, or prove that you collected said evidence via means through which it would have been illegal for police to have done so and argue that, in doing so, you were acting as an agent of the state. Boom, evidence thrown out, case dismissed due to lack of evidence, bad guys know who you are and aren't in prison... have fun with that.

      I know you're interested in Global Thermonuclear War, but I implore you: How about a nice game of Chess?

      --
      APK quotes people (including myself) without context and should not be trusted. Just thought you should know.
    55. Re:Passing the buck? by BarbaraHudson · · Score: 1

      Any time that an inspector finds the wiring has been interfered with (lots of grow-ops), the power is cut. No advance notice.

      --
      "Transparent" is a shit show that trades on every stereotype going. A man in drag is NOT a transsexual.
    56. Re:Passing the buck? by BarbaraHudson · · Score: 1

      Also, then it's easy to shut down the site because they're not hiding behind CloudFlare.

      Until they hide behind something else.

      Maybe others won't take them on as customers because they don't need the legal scrutiny?

      --
      "Transparent" is a shit show that trades on every stereotype going. A man in drag is NOT a transsexual.
    57. Re:Passing the buck? by BronsCon · · Score: 1

      There are plenty of services that just don't give a damn. They could also set up a .onion site or host on Freenet.

      --
      APK quotes people (including myself) without context and should not be trusted. Just thought you should know.
    58. Re:Passing the buck? by vux984 · · Score: 1

      And when you argue that "That's a long way from it being used to deny a criminal electricy (sic)" you're overlooking the obvious - meter tampering is illegal.in and of itself, as is theft of electricity.

      I'm not overlooking the obvious. They cut off the electricity when the electricity use itself is either wired dangerously, or itself being stolen. There is a definite correlation between grow-ops stealing electricty, and of violating all building codes when runnign their lighting wiring.

      But that is a long way from cutting off power that is wired safely to code, that is being paid for properly, simply because it is being used in support of a criminal enterprise.

    59. Re:Passing the buck? by Anonymous Coward · · Score: 0

      Bullshit.

      Cloudflare knows these sites are either A: Bulletproof hosting, or B: hosted outside the legal jurisdiction of the US, but Cloudflare is subject to US law, and under US law Cloudflare is HOSTING DNS and anti-DDOS services for these sites. They are not "just a proxy" at all.

    60. Re:Passing the buck? by sjames · · Score: 1

      Why don't you go read the law like I did.

    61. Re:Passing the buck? by Anonymous Coward · · Score: 0

      Actually, the DMCA simply limits the amount of time a cache of content identified to be infringing may be held (that is, says they cannot become a de-facto host of the material). It defines the notification to be served when the host of the data takes it down. CloudFlare and other CDNs expire cache well wityhin that time.

      In other words, the claimant must notify the HOST who then must take the data down. Any CDN must then let the cache expire.

      So it's fairly exllicit who must be notified and who must do the take-down and it's not CloudFlare.

      Actually, no.

      As CloudFlare is is the one actually serving the data to you, they can be notified just like any other host that the data is infringing. They must then stop serving that data and notify the customer of the violation notice. Playing the game of "oh, well that copy of the data that you sent the notice about expired. It just happens that in it's place is another totally different copy of the exact same data..." will not convince a judge.

      The fact that they do not have code in place to do such filtering will not stand either. The requirement is that you comply with the law -whether you can filter out the specific files, or must drop the host entirely to do so is your problem not the court's problem.

      The fact that the files will still be available through other sources is irrelevant to the DMCA as written -it just means that whomever is complaining should also notify the actual host.

    62. Re:Passing the buck? by Anonymous Coward · · Score: 0

      Where do you draw the line, if I'm *suspected* of running, oh i dunno... an illegal unpasteurized milk business from my home, should the telephone company be obligated to cancel my service? Should the power company be obligated to turn off the power? Should the snow clearing company be obligated not to clear my driveway?

      Congress has not passed a law specifically requiring such actions.. wheras they did pass the DMCA.

      Oh, and the DMCA has nothing to do with suspicion, it is all about complaints. The simple assertion by someone that you have done something wrong. Not an actual investigation for criminal activity, just a form letter stating that someone says you did something that infringes upon their rights.

    63. Re:Passing the buck? by sjames · · Score: 1

      If you want to make up pretend versions of the law, fine. I'll go with the one that actually matters.

      Read 512(b). I presume copyright.gov is reasonably authoritative?

    64. Re:Passing the buck? by Anonymous Coward · · Score: 0

      Think, for example, of banks blocking money-laundering â" it does not stop whatever activity generates the criminals' profits. But it makes the criminals' lives (much) harder.

      Banks allow enormous amounts of money laundering to go on.

      "There is a consensus among U.S. Congressional Investigators, former bankers and international banking experts that U.S. and European banks launder between $500 billion and $1 trillion of dirty money each year, half of which is laundered by U.S. banks alone." - James Petras, Binghamton University

      The rules have changed in recent years, but I haven't seen any evidence that the changes are making much difference - they seem to mostly be a matter of creating the illusion of making a difference.

      Also, claiming that criminals lives are "much harder" doesn't seem to have much basis in fact.

      Government, of course, is one of the biggest culprits involved in money laundering. Fines for traffic and parking violations, for example, are often hidden in government budgets, disguising the fact that they are being used to free up funds to pay the salaries of police officers, judges, prosecutors, and so forth. But nobody with any sense is fooled, and this creates a massive ethical conflict of interest with respect to many aspects of how these laws are written and enforced. Since the dual rights to ethical government and ethical practice of law are certainly fundamental and inalienable rights - even the appearance of conflict of interest being prohibited when alternatives exist - this means that governments are hiding unethical and hence illegal conduct by money laundering on a massive scale. Money from fines simply can not be put into the regular budget of government without massive ethics problems.

      Universities also do a significant amount of money laundering - taking money from public grants, and hence subject to long term public oversight, and hiding it in their general budgets (often effectively "taxing" substantial portions of research grants).

    65. Re:Passing the buck? by Anonymous Coward · · Score: 0

      I am a copyright lawyer who has been involved in prosecution of several similar cases and I can tell you quoting "the law" is mostly irrelevant to this argument.

      Judgements (aka *interpretations*) on similar cases have almost universally been in favor of plaintiffs - I would bet every cent I have if Cloudflare takes it to court they will lose.

    66. Re:Passing the buck? by Anonymous Coward · · Score: 0

      really? this idiotic comment got upvoted? jesus fucking christ slashdot is a shitstain nowadays

    67. Re:Passing the buck? by pr0fessor · · Score: 1

      To get the takedown notice law fixed properly; It is very important that our courts and judges apply the law to every company that applies to.

      The problem is it's been over 15 years of complaints and nothing has happened because a judge will never have the opportunity. Companies are flooded with dmca complaints that they are unable to confirm and saying that they will go to court causes the legitimate ones to lawyer up and those that aren't to drop the complaint and quietly move on to the next target with the hope that they can extort a settlement.

    68. Re:Passing the buck? by BarbaraHudson · · Score: 1

      Nobody is going to host anything significant on freenet. Freenet, in terms of distribution and content, is a joke. It would be easy enough for any agency that wanted to to poison all the caches by continually inserting and requesting a collection of random documents that is larger than the cache size of any node. The older documents would quickly be "forgotten", having been bumped out of the cache. On freenet, nothing is guaranteed to persist.

      --
      "Transparent" is a shit show that trades on every stereotype going. A man in drag is NOT a transsexual.
    69. Re:Passing the buck? by BronsCon · · Score: 1

      I'll admit I'm fairly ignorant of how Freenet actually works so, thank you for the brief education. What, then, is stopping them from maintaining the data in a central location and pushing it to Freenet periodically? I would suppose that it doesn't matter quite as much if the data can be knocked off of Freenet if you can just puch it back into the caches. It's not like the web servers of a CloudFlare customer aren't already serving up the HTML for every single request already (they are; CloudFlare only caches supplemental content like images, stylesheets, and scripts), so periodically pushing data to Freenet would likely still offer a net bandwidth savings.

      There still exist an almost limitless number of options for continued distribution, though, including .onion (which I already mentioned) and providers in countries which don't care about copyright (which I alluded to earlier).

      The point is, they'll find a CDN if they want one, or switch delivery platforms if, for some reason, they can't.

      --
      APK quotes people (including myself) without context and should not be trusted. Just thought you should know.
    70. Re:Passing the buck? by Anonymous Coward · · Score: 0

      You sir can go fuck yourself. That about covers it. Let's create a way to shut down something someone doesn't like based on an entirely false premise of losing money that in fact they would never receive in the first place. I hate companies or people that claim loss for projected revenue. YOU CAN"T FUCKIN TAKE A LOSS ON IMAGINARY PROFIT!!!!!!!!!

    71. Re:Passing the buck? by mysidia · · Score: 1

      nothing has happened because a judge will never have the opportunity.

      It's not about a 'judge having the opportunity'. Laws are changed by congress.
      It's congress that needs to be convinced, and powerful entities such as CloudFlare are the companies that can do it.

      The lawyers stopped listening to you and me, a long time ago........

    72. Re:Passing the buck? by mysidia · · Score: 1

      should the telephone company be obligated to cancel my service?

      These are bad comparisons. CloudFlare's service provided to a website is not like the phone service.
      It's more like a delivery company (such as UPS) delivering their illegal parcels to customers, And they have been informed that the parcels they are being given to deliver are illegal.

      Should the power company be obligated to turn off the power? Should the snow clearing company be obligated not to clear my driveway?

      If a court directive or its equivalent is issued, then definitely. Arguments such as
      "we can't shut down illegal milk ops" should not hold water, and they should face the penalty for non-compliance with the order, regardless of the argument.

  5. Good by Anonymous Coward · · Score: 2, Insightful

    I'm getting sick & tired of this new mindset that everything in the world is less important than US corporate copyright.

  6. Well, I'd avoid that paticular legal team. by Anonymous Coward · · Score: 0

    Wins the shittest defence ever award.

    Continuing to do business with with sites knowingly infringing copyright? You guys deserve to get a smackdown by a judge.

    1. Re:Well, I'd avoid that paticular legal team. by ewhac · · Score: 5, Insightful

      Continuing to do business with with sites accused of infringing copyright?

      FTFY. Accusation is not proof, particularly when said accusation comes from actors not noted for their ethics.

  7. This will fail. by Gravis+Zero · · Score: 1

    there are no measures of any kind that CloudFlare could take to prevent this alleged infringement, because the termination of CloudFlare's CDN services would have no impact on the existence and ability of these allegedly infringing websites to continue to operate,"

    The exact same argument could be made for hosting torrents; if you don't stop every "seeder", a torrent will still be shared. I don't expect the judge will buy this argument but strangers things have happened.

    --
    Anons need not reply. Questions end with a question mark.
    1. Re:This will fail. by Anonymous Coward · · Score: 1

      The argument is about the blame, not dependency.

      Imagine the MAFIAAs shutting down utorrent or deluge or bitcomet or whatever software client, for "materially contributing" to illicit torrent activity. You have a confused lawyer at best.

  8. CloudFlare DNS by networkzombie · · Score: 1

    I use CloudFlare and I think they are great. Should I use an alternate DNS provider? I have about 30 entries. I am certainly NOT going to use Cox cable!

  9. Good job! by Anonymous Coward · · Score: 0

    DMCA sucks.

  10. Technically neither can ICANN or a domain provider by Anonymous Coward · · Score: 0

    It would even be difficult to almost impossible to shut down a site that set itself up as an onion site, operated on freenode, or was based around i2p. And if none of those are good options one could probably also just setup operations in a country that doesn't respect copy"right".

    The question that we need to ask our selves is why *anybody* should be required to proper up a dying business model. The government may not even be entitled to shut down (even if they do) web sites under a number of different legal reasonings: including prior restraint isn't legal as far as free speech is concerned. Then on the basis that one can't be obliged to go out of its way to assist. It would be one thing if a business already has such systems setup, but the government, in the US can't order a company write software or develop anything to help government.

    If you don't like copy"right" and are against laws that have no victims come join the 20,000 movers to New Hampshire where we have multiple and diverse groups, all migrating for liberty. We want to end copy"right" (NHexit, NH independence), drivers licenses, social security, government schools, open the boarders, end state police (we didn't have it until recently in NH history), etc:

    http://www.freestateproject.org/ http://www.freekeene.com/ http://www.shiresociety.com/ http://www.freetalklive.com/

  11. Re: Kill ugly Cloudflare traffic by Anonymous Coward · · Score: 2, Insightful

    Can you explain how you are attacked by CF ip addresses? I'm a CF customer but can't see how CF could attack you.

  12. Poor Logic by bengoerz · · Score: 1

    You can be complicit even if you don't pull the trigger.

    CloudFlare, I love you, but quit trying to weasel out of your responsibilities to respond to abuse complaints.

    1. Re:Poor Logic by ArtemaOne · · Score: 1

      But have the people with whom they are doing business been convicted or simply been accused? Do all businesses have to stop doing business with anyone accused of a civil infraction?

    2. Re:Poor Logic by bengoerz · · Score: 1

      Who cares? The whole point of having TOS is so you can stop bad behavior before it requires resolution through the legal system. Any company that just ignores abuse complaints may as well burn its TOS and hire more lawyers.

      From CloudFlare's own Terms of Service:
      "Cause for such termination shall include, but not be limited to: ... (g) you have engaged or are reasonably suspected to be engaged in fraudulent or illegal activities;"

    3. Re:Poor Logic by ArtemaOne · · Score: 1

      Who cares? Clearly people care or this would not be up for discussion.

  13. Admission by amiga3D · · Score: 3, Insightful

    Damn! They just admitted that they are irrelevant.

    1. Re:Admission by Anonymous Coward · · Score: 0

      It's a shame they won't admit to being a big part of the problem.

      CloudFlare has many criminal customers. Check out this recent list of DDoS/"Stresser"/"Booter" websites serviced by CloudFlare:

      alphastress.com, anonymous-stresser.net, aurastresser.com, beststresser.com, boot4free.com, booter.eu, booter.org, booter.xyz, bullstresser.com, buybooters.com, cnstresser.com, connectionstresser.com, crazyamp.me, critical-boot.com, cstress.net, cyberstresser.org, darkstresser.info, darkstresser.net, databooter.com, ddos-fighter.com, ddos-him.com, ddos.city, ddosbreak.com, ddosclub.com, ddostheworld.com, defcon.pro, destressbooter.com, destressnetworks.com, diamond-stresser.net, diebooter.com, diebooter.net, down-stresser.com, downthem.org, exitus.to, exostress.in, free-boot.xyz, freebooter4.me, freestresser.xyz, grimbooter.com, heavystresser.com, hornystress.me, iddos.net, inboot.me, instabooter.com, ipstresser.co, ipstresser.com, jitterstresser.com, k-stress.pw, layer-4.com, layer7.pw, legionboot.com, logicstresser.net, mercilesstresser.com, mystresser.com, netbreak.ec, netspoof.net, networkstresser.com, neverddos.com, nismitstresser.net, onestress.com, onestresser.net, parabooter.com, phoenixstresser.com, pineapple-stresser.com, powerstresser.com, privateroot.fr, purestress.net, quantumbooter.net, quezstresser.com, ragebooter.net, rawlayer.com, reafstresser.ga, restricted-stresser.info, routerslap.com, sharkstresser.com, signalstresser.com, silence-stresser.com, skidbooter.info, spboot.net, stormstresser.net, str3ssed.me, stressboss.net, stresser.club, stresser.in, stresser.network, stresser.ru, stresserit.com, synstress.net, titaniumbooter.net, titaniumstresser.net, topstressers.com, ts3booter.net, unseenbooter.com, vbooter.org, vdos-s.com, webbooter.com, webstresser.co, wifistruggles.com, xboot.net, xr8edstresser.com, xtreme.cc, youboot.net

      If CloudFlare would stop providing bulletproof hosting for criminals and spammers, the internet would be a better place. But CloudFlare apparently loves its criminal customers. DDoS purveyors, terrorist websites, malware distributors, CloudFlare seems to welcome them all to its hive of scum and villainy. Maybe it's time to revive the concept of the Usenet Death Penalty and apply it to all traffic to and from CloudFlare. They're the sewer of the internet and should be null routed and de-peered.

      See also: CloudFlare Watch

    2. Re:Admission by cdrudge · · Score: 1

      How so? I didn't get that. What I got out of the article is that CloudFlare is claiming they are just a caching service. They don't know or care what the underlying content is, and that even if they close down, the content still remains available via whatever the original distribution method was.

    3. Re:Admission by Anonymous Coward · · Score: 0

      Well, it's all rubbish anyway as they are carefully wording it all to deflect the blame. If they are caching illegal content, they are making a copy and becoming part of the crime - there is an awful defence.

    4. Re:Admission by BronsCon · · Score: 1

      If CloudFlare would stop providing bulletproof hosting for criminals and spammers, the internet would be a better place.

      Eh? CloudFlare provides hosting now? That's news to me.

      Oh, wait, they don't.

      If CloudFlare were to stop providing hosting to these sites, they would first have to start providing hosting to these sites. This would, arguably, make the internet a worse place, at least temporarily.

      --
      APK quotes people (including myself) without context and should not be trusted. Just thought you should know.
  14. Re: Kill ugly Cloudflare traffic by Anonymous Coward · · Score: 3, Informative

    It can't. OP is either a troll or doesn't know the difference between a hosting provider and a CDN.

  15. Re: Kill ugly Cloudflare traffic by Anonymous Coward · · Score: 0

    Some people have beenspoofing their ips as an attempt to hide while doing attacks.

  16. They could easily prove it... by Larsen+E+Whipsnade · · Score: 1

    shut off service to the pirate sites (under court order, for legal cover) for a week and see what happens.

  17. Cloudflare can't be the 100% solution... by QuietLagoon · · Score: 1
    ... so they do not want to be any part of the solution. They do not even want to stop being part of the problem.

    .
    That's what it looks like to me.

    1. Re:Cloudflare can't be the 100% solution... by Anonymous Coward · · Score: 1

      They do not even want to stop being part of the problem.

      That would require there to be a problem in the first place. There is no problem.

    2. Re:Cloudflare can't be the 100% solution... by SvnLyrBrto · · Score: 1

      I wouldn't want to provide even the slightest aid or comfort, in any way, shape, or form, to the RIAA, MPAA, ASCAP, Metallica, or any one of that particular basket of deplorables. And I would take great glee in refusing to do so, and doing anything within my power to subvert their desires.

      Yes, CloudFlare for other reasons are a bunch of asshats. But the likes of Rosen, Valenti, Ulrich, and the rest of their loathsome ilk? Evil. Pure and simple by way of the eighth dimension. A pox upon all their houses and works, I say.

      --
      Imagine all the people...
    3. Re:Cloudflare can't be the 100% solution... by sjames · · Score: 1

      Or they don't want to be judge, jury, and executioner. Remember, they have not been told by a judge that the customer is infringing, it has simply been alleged. Since they are not the hosting provider, it is far from clear that they are at all responsible for following a DMCA notice.

    4. Re:Cloudflare can't be the 100% solution... by Anonymous Coward · · Score: 0

      But they ARE a hosting provider. They provide thousands of servers to host the content, on demand by the recipient of the content, and accept money for doing so. Whether they host the content permanently or just for a short time doesn't matter. They are paid for by the distributor and are acting on his behalf.

    5. Re:Cloudflare can't be the 100% solution... by sjames · · Score: 1

      Actually, they are a cache. It actually does matter. If a hotel uses a web cache on it's network, is the hotel a hosting provider?

    6. Re:Cloudflare can't be the 100% solution... by Anonymous Coward · · Score: 0

      The difference is that one is providing a cache on behalf of the recipient of the content, and does not have a business relationship with the content provider. The other accepts money to host content from the sender, even if it hosts that content temporarily.

    7. Re:Cloudflare can't be the 100% solution... by sjames · · Score: 1

      I did a bit of looking and the DMCA explicitly calls out a difference. It also states that the cache must expire the content in a reasonable time after the HOST takes the material down.

  18. yay for cloudflare by Anonymous Coward · · Score: 0

    For standing up and admitting that it won't MAKE ANY DIFFERENCE.

    Imaginary Property can not be defended in any way. You want to control the distribution of content - stop producing it.

  19. Free porn by Anonymous Coward · · Score: 0

    1. Run script blocker. 2. selectively enable CDNs. 3. Free porn!

    Or so I've been told. :). Needless to say, cheap wankers don't make them happy.

  20. I disagree, you're creating an impossible standard by Anonymous Coward · · Score: 1

    The sites will exist without them and they're not taking them offline, they're just making them harder to find.

    The sites are still accessible via IP even without the DNS and it's not their job to police the internet. While we can make reasonable guesses in some cases, the fact that IP rightsholders have put out phony "leaked" content (and even DMCA'd themselves) remains, so NO ONE but the copyright holder has any idea who they've actually given permission to. And in some cases, even the copyright holder is too dumb to figure that out. Feel free to go read the YouTube case if you want cites on that. Slashdot covered it quite extensively, including the part where they had to go back to the court and remove some "infringing" materials they themselves had posted. Twice. After extensive legal review.

    So no, I cannot, will not, and do not condone shifting this burden and putting an impossible standard on services to police content that isn't theirs. This will only fuel injustice when the favored get away with breaking laws and the disfavored get busted because the law itself creates a standard that cannot truly be met because it relies on knowledge that the services cannot and do not have about the contents of the copyright holder's mind.

    Thus, I quite vociferously disagree with you both regarding the technical and philosophical sections of this argument.

  21. Re:Let's not forget terrorism. by Anonymous Coward · · Score: 0

    No I haven't. Not being some TLA agent who needs to know the enemy, I have no reason to.

    But I agree that CloudFlare just needs to stop being a CDN. Let only facebook and twitter exist. And let them only allow posts about your meal or your cat through, but only if the meal is not a cat. It will solve everything! Also physicists just need to stop making explosions possible. It's simple! No more terrorism and no more theft of porn.

    Anybody who says either of those things are impossible or overblown is clearly a big fat dummy.

  22. Re:Technically neither can ICANN or a domain provi by BarbaraHudson · · Score: 1

    Obviously the people downloading find some value in what they're downloading. And they're not compensating the rightful owners, who legally have the right to decide who they sell to in the first place, the price, terms, etc. You want an open society with no rules? Good luck getting any contract enforced.

    --
    "Transparent" is a shit show that trades on every stereotype going. A man in drag is NOT a transsexual.
  23. Re: Kill ugly Cloudflare traffic by Anonymous Coward · · Score: 0

    d n s

  24. fuck-n assholes by Anonymous Coward · · Score: 0

    I've been getting spam from those fuckers for several months as work.

    Presumptuous sales assholes assuming I want to set up an meeting, and when I don't respond to them they assume that I missed/lossed their email.

    Fuck-em.

  25. they could shut down spammer web sites too by batray · · Score: 1

    Many spammers use Cloudflare to shield their web sites from being taken down. Even when abuse@cloudflare.com is presented with overwhelming evidence they are protecting spammers, they do nothing. I can only assume they believe it is more profitable for them to ignore the takedown requests than spend money taking care of the problem.

    1. Re:they could shut down spammer web sites too by Anonymous Coward · · Score: 0

      Let's be sure we're talking about the right bunch here. Cloudflare is bad, granted, but nothing like CloudFRONT. Cloudflare does have some (perhaps a very small number of) legit users; haven't seen one yet from Cloudfront.

    2. Re:they could shut down spammer web sites too by Anonymous Coward · · Score: 0

      Many spammers use Cloudflare to shield their web sites from being taken down. Even when abuse@cloudflare.com is presented with overwhelming evidence they are protecting spammers, they do nothing. I can only assume they believe it is more profitable for them to ignore the takedown requests than spend money taking care of the problem.

      Go figure, they're protecting spammers, they are spammers.

  26. Re:Technically neither can ICANN or a domain provi by tepples · · Score: 2

    the rightful owners, who legally have the right to decide who they sell to in the first place

    I don't understand how refusing to sell at any price (e.g. Song of the South) fulfills copyright's purpose: "To promote the Progress of Science and useful Arts".

  27. Re:Technically neither can ICANN or a domain provi by Anonymous Coward · · Score: 0

    "Dying business model?" excuse me, there are pirates of indie content, even content you can get for free. People just steal for shits and giggles, and a smaller portion of pirates make a business out of it. Have you ever seen the kind of bullshit invasive advertisements on pirate sites? Someone is making money or they wouldn't be operating. So Cloudflare is certainly making money of pirates.

  28. Real CDNs have "Terms Of Serivce" by MinusOne · · Score: 2

    If they were a real CDN, customers publishing copyrighted content would violate the TOS and they would be turned off. The fact that they can't be bothered is a sign that they are willing to deal with anyone with a few bucks. If they do have terms that would allow them to turn off customers like this and they don't enforce them it is even worse.

    1. Re:Real CDNs have "Terms Of Serivce" by bear+necessities · · Score: 1

      customers like this

      Customers like what? Victims of frivolous statements? The customer has not been found guilty of anything (yet). Do you want random companies to be judge and jury?

    2. Re:Real CDNs have "Terms Of Serivce" by AmiMoJo · · Score: 1

      They are too smart to get into the TOS enforcement quagmire. The moment they begin stopping service for copyright infringement, they become copyright investigators. Random takedown request comes in, now they have to verify if it is genuine, if the person/robot sending it owns copyright on the material, if the site really does hold that content, and if the site really doesn't have permission to hold it. Screw up any of these checks and one side or the other will rightly blame them and publicly complain about it.

      And all for what, so that some sites can load a bit slower? I don't blame them for wanting to avoid this pointless responsibility.

      --
      const int one = 65536; (Silvermoon, Texture.cs)
      SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
  29. My host is the router by dotgain · · Score: 1

    My default gateway already is 127.0.0.1, you insensitive clod!

    1. Re:My host is the router by stealth_finger · · Score: 1

      No way, that's my luggage code!

      --
      Wanna buy a shirt?
      https://www.redbubble.com/people/stealthfinger/shop?asc=u
  30. We are all helping to commit crimes: by e70838 · · Score: 1

    The town that provides streets that help burglars to come to visit my house is helping them far too much for my taste ;-)

  31. Re: Kill ugly Cloudflare traffic by Joce640k · · Score: 1

    Can you explain how you are attacked by CF ip addresses? I'm a CF customer but can't see how CF could attack you.

    Hackers must be spoofing their addresses so they look like they come from Cloudflare. People don't want to block Cloudflare so that makes them harder to filter.

    --
    No sig today...
  32. Boycotting pirates by mi · · Score: 1

    It's the same with the hosting providers that give rack space and network connectivity to these sites.

    Indeed. Once a wrong-doer using their services is identified, CloudFare — and all other enablers, including the ISP — can be expected to stop the enabling.

    Unless, of course, you don't think, the "alleged pirates" are doing anything wrong, do you?

    Even if they didn't, someone else would

    Yeah, there is no point in vegetarianism: if I don't eat this steak, somebody else would. And a great defense for a contract killer too — if I haven't shot this guy, they would've hired someone else to kill him.

    A week ago you were defending boycott of Mozilla over Brendan Eich's "homophobia" — now you are claiming, a boycott can not be effective?

    --
    In Soviet Washington the swamp drains you.
    1. Re:Boycotting pirates by BarbaraHudson · · Score: 1

      CloudFlare can't deny they are distributing the copyrighted material - that's the "content" in Content Distribution Network. They certainly know the source, and who's paying the bills. I wonder how many other illegal sites are hiding behind CloudFlare that they're investing so much into an indefensible position.

      --
      "Transparent" is a shit show that trades on every stereotype going. A man in drag is NOT a transsexual.
    2. Re:Boycotting pirates by Anonymous Coward · · Score: 0

      Indeed. Once a wrong-doer using their services is identified, CloudFare — and all other enablers, including the ISP — can be expected to stop the enabling.

      Exactly as the law requires.

      Unless, of course, you don't think, the "alleged pirates" are doing anything wrong, do you?

      I do not. I think our copyright laws are broken and see piracy as a form of civil disobedience. Perhaps if enough people disregard the terrible copyright laws, someday they will change.

  33. Re:Technically neither can ICANN or a domain provi by Anonymous Coward · · Score: 0

    Have you ever seen the kind of bullshit invasive advertisements on pirate sites?

    Nah, I use an ad blocker. If you're gonna freeload you may as well do it hardcore.

  34. Re:Technically neither can ICANN or a domain provi by BarbaraHudson · · Score: 1

    Doesn't have to, same as 2nd amendment freaks argue that the "militia" part has nothing to do with anyone else's right to bear arms. Go argue with the NRA and the Supreme Court. The portion of a law that describes the purpose is irrelevant to the granting actual rights granted in the law. It could have read "To promote wooden shoes" for all it matters.

    --
    "Transparent" is a shit show that trades on every stereotype going. A man in drag is NOT a transsexual.
  35. Re:Technically neither can ICANN or a domain provi by tepples · · Score: 1

    Is current law worth keeping on the books if it fails to benefit the public?

  36. Re:Technically neither can ICANN or a domain provi by BarbaraHudson · · Score: 1

    Copyright law still benefits people. There'd be no GPL without it. Also, without copyright laws there;d be far more draconian DRM. Remember back in the days wiith custom floppies with laser burns that couldn't be copied without both a PC Tools option board (special floppy controller) and software that would allow the board to maintain a copy of the unreadable bits and return errors when those bad ones were read, or when they would intercept write requests and return just the bits that were readable on the original floppy?

    Heck, I did something similar with a needle - just pierce a hole at random, then figure out which sectors are unreadable in my original. If you could read them, the floppy was not an original. And since it was at random, no two disks were alike. Writing data to the original wasn't a big deal - once you knew where the bad sectors were, skip over them.

    Is it breakable? Of course. Would the average person be able to? Of course not.

    People who create works have the right to decide, within the limitations of the law, how they are used. That includes how they are sold, licensed, or whatever. Without that incentive, most of the stuff you experience (books, music, movies and tv shows, professional sports broadcasts, most radio and tv stations - wouldn't exist. TV wouldn't exist as we know it today because there wouldn't be much worth watching on it - same as almost all the stuff on youtube is crap. Most of the decent games are possible because copyright makes it financially viable to develop them. You might not like patented medicines, but without those patents, and the chance to make money off of drugs, the research won't get done and they won't get put through the testing and production phases.

    As just one recent example, look at the self-driving car craze. Without a financial profit motive, nobody would be developing one. That financial profit is made possible because you can recoup the money invested via sales, without having to compete with someone who didn't have to spend to develop one, just ripped of your design and sold it for less (because they can afford to without the sunk costs you incurred).

    --
    "Transparent" is a shit show that trades on every stereotype going. A man in drag is NOT a transsexual.
  37. Re:Technically neither can ICANN or a domain provi by tepples · · Score: 1

    Copyright law still benefits people.

    Overall it does. In some specific situations, it does not. One category of these is a copyright owner deliberately keeping a previously published or publicly exhibited work out of print everywhere or in particular countries. An example of this is Song of the South. Another is uncertainty over whether a song you've written is legally original, as opposed to an accidental infringement of copyright in someone else's song. An example of this is "My Sweet Lord" by George Harrison. Why are those specific cases worth keeping?

    Heck, I did something similar with a needle - just pierce a hole at random, then figure out which sectors are unreadable in my original. If you could read them, the floppy was not an original. And since it was at random, no two disks were alike. Writing data to the original wasn't a big deal - once you knew where the bad sectors were, skip over them.

    Nintendo GameCube disc authentication works the same way: burn six evenly spaced pinholes in the lead-in at some random theta, and then mark in the Burst Cutting Area which sectors were burned.

  38. Re:Technically neither can ICANN or a domain provi by BarbaraHudson · · Score: 1

    "My Sweet Lord" was such an obvious rip-off that I'm amazed that absolutely nobody around him said "Hey, you can't do that!" The first time I heard it I recognized it as a rip-off of "He's So Fine" long before the song finished - and I'm not a music fanatic. Harrison got nailed, and he deserved it.

    --
    "Transparent" is a shit show that trades on every stereotype going. A man in drag is NOT a transsexual.
  39. Re:Technically neither can ICANN or a domain provi by tepples · · Score: 1

    What steps should a songwriter take to prevent a similar mistake?

  40. Re:Technically neither can ICANN or a domain provi by BarbaraHudson · · Score: 1

    There is no way that nobody around him didn't recognize the similarity. Why nobody called him out on it (or if they did, were ignored) is the question when it comes to prevention.

    --
    "Transparent" is a shit show that trades on every stereotype going. A man in drag is NOT a transsexual.