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Texas ISP Slams Music Industry For Trying To Turn It Into a 'Copyright Cop' (theregister.co.uk)

An ISP based in Texas has complained to a judge that the music industry is trying to turn internet providers into the "copyright police." From a report: "This case is an attempt by the US recording industry to make Internet service providers its de facto copyright enforcement agents," reads the latest filing in an ongoing court case involving ISP Grande Communications. It goes on: "Having given up on actually pursuing direct infringers due to bad publicity, and having decided not to target the software and websites that make online file-sharing possible, the recording industry has shifted its focus to fashioning new forms of copyright liability that would require ISPs to act as the copyright police."

Grande Communications is a high-speed ISP that is the main provider for several university campuses in Texas. It was sued in April 2017 by 18 music companies including Universal, Capitol, Warner and Sony, who accuse it of allowing its users to "engage in more than one million infringements of copyrighted works over BitTorrent systems."

99 comments

  1. Re: COHEN AND MANAFORT FELONS, TRUMP NEXT UP by Anonymous Coward · · Score: 0

    This article isn't even remotely related to that you fucking retard

  2. wait ... common carrier? by roc97007 · · Score: 2

    Ok IANAL, but wouldn't Grande Communications have common carrier status? In that, they just provide the pipeline and aren't responsible for the content?

    --
    Oliver's law of assumed responsibility: If you're seen fixing it, you will be blamed for breaking it.
    1. Re:wait ... common carrier? by starblazer · · Score: 4, Interesting

      here's the thing though, they keep pushing thousands upon thousands of takedown notices, quite a few that are illegitimate upon these ISPs. They have to act on them or face losing common carrier status. Even if acting on them is stating "We looked, no infringing content found, go away" However, because they aren't the *AA, they will be dragged into court if they are found to be lying/mistaken, unlike the *AA when RightsCorp lies/"mistakes" for them.

    2. Re:wait ... common carrier? by Anonymous Coward · · Score: 1

      The big ISPs are throwing a lot of money around to specifically prevent common carrier status in the US. I believe the music industry is the only other industry throwing a wrench into their operations, not counting the occasional political "save the children" issue. I've heard of people receiving form letter warnings but nothing ever came of it. Turns out asking a business to voluntarily spend extra money to lose customers doesn't get a lot of traction.

    3. Re:wait ... common carrier? by Anonymous Coward · · Score: 0

      They *could* but then they would lose all the legel monopolistic practices of cablecos all over the US.

    4. Re:wait ... common carrier? by e3m4n · · Score: 4, Insightful

      when the RIAA and the MPAA are directly, and indirectly, responsible for MILLIONS and MILLIONS or campaign contributions, we get laws that make it a felony to copy their shit. Lets say I am a software developer, and lets say I make a product (I actually do but thats not relevant to the analogy). If you copy my product and go about selling it as your own, It's my responsibility to file a civil suit against you, fight it out in court for years, just to keep the other guy from continuing to make money selling something that's my intellectual property. The exact same crime, selling bootleg movies or music, is punishable by up to 10 years in prison. Is that equal protection under the law? Nope. Im not a rhino, but historically its the Dems that pushed for all these damn laws, mostly because these companies represent a lot of Hollywood doners. When my software get the same legal protections and felony charges that the MPAA and RIAA get for violating copyright, I'll give a fuck about those over protected pieces of shit. Until them I hope their whole fucking house of cards comes down around them. If there is ever a 'zombie apocalypse' (as in total anarchy devoid of any sort of law and order) I will personally make sure that those assholes are not around by the time law and order ever gets restored. Maybe I'll arrange for them to be exiled to a deserted island in the pacific where they eat what they can catch or kill; even If I have to haul them there myself. So sick of those over protected pieces of shit.

    5. Re: wait ... common carrier? by Anonymous Coward · · Score: 0

      Tell us how you really feel

    6. Re:wait ... common carrier? by Anonymous Coward · · Score: 0

      Unhinged cant begin to describe you and this retarded slant on your IP rights. Thanks to the very same people you want to "bury", we have labels on plastic bags, scissors, etc. As a result, you get to achieve adult status and contaminate our gene pool. Irony?

    7. Re:wait ... common carrier? by roc97007 · · Score: 1

      They *could* but then they would lose all the legel monopolistic practices of cablecos all over the US.

      Well then, screw 'em.

      --
      Oliver's law of assumed responsibility: If you're seen fixing it, you will be blamed for breaking it.
    8. Re:wait ... common carrier? by Anonymous Coward · · Score: 0

      I'm sad you shills contaminate /.

    9. Re:wait ... common carrier? by bws111 · · Score: 1

      US Copyright law, section 506 (criminal offences), under definitions:

      'Work being prepared for commercial distribution' means: (A) a computer program , musical work, a motion picture or other audiovisual work, or a sound recording... (emphasis mine).

      The entire premise of your rant is incorrect.

    10. Re:wait ... common carrier? by Anonymous Coward · · Score: 0

      Thanks to the very same people you want to "bury", we have labels on plastic bags, scissors, etc.

      Who the fuck are you quoting!?!? The parent you replied to doesn't have the word "bury" anywhere in that post, and their post has nothing to do with "labels on plastic bags, scissors, etc", and I can't even tell if you are implying that is good or bad!

      Irony?

      Alanis was closer to defining that correctly than you are.

    11. Re:wait ... common carrier? by Anonymous Coward · · Score: 0

      Ok IANAL, but wouldn't Grande Communications have common carrier status?

      Back in June the FCC claimed they had no authority to classify backbones and ISPs in any way at all. They ceded this authority to the FTC.

      So until the FTC adopts the FCC's old classification system, or makes their own, gets it passed into law, and applies such a classification to the first ISP, then no there are no services currently under any such "common carrier" class.

      Since it was those very classifications which no longer exist that granted them protections under the law, things fall back purely to what copyright law in title 17 says, which is ISPs are facilitating copyright infringement.
      Plus the media industry is trying its best to argue that it is willful facilitating of copyright infringement, which allows for higher penalties.

    12. Re:wait ... common carrier? by SvnLyrBrto · · Score: 5, Insightful

      The really frustrating thing is that the problems with the DMCA could be easily be solved, if the congresscritters weren't so despicably corrupt. It'd take just two simple steps:

      1) Abolish mass and automated takedown notices. Mandate that every takedown be reviewed by a single, responsible, and identifiable individual who swears, under that currently-uninforced "penalty of perjury" clause, that he is the owner or their representative thereof of the copyrighted work and that the online content is, in fact, infringing. Require these notices to be delivered, in writing, via a tracked and audible service such as FedEx, DHL, or certified or registered mail.

      2) Put some teeth into the "under penalty of perjury" that accusers of infringement are supposed to swear upon. If the content is found to be owned by someone else, or by someone the accuser doesn't represent, or fair use, or satire, or journalistic, or in any other way non-infringing; off to jail with the perjurer. A nice schedule, I think, would be 30 days in county for the first offense, 90 days for the second, and a year in the state pen plus permanent disbarment and a ban on holding corporate office or trading on the stock market for the third offense.

      Easy-pasey, lemon-squeasy... the fraudulent and frivolous DMCA filings would evaporate overnight.

      --
      Imagine all the people...
    13. Re:wait ... common carrier? by Anonymous Coward · · Score: 0

      Step 1 cannot work. Whom at any large media company singularly owns the rights to an individual film? No one, because the company owns the rights. This puts you back to the same position, where a reperesentitive states that they believe that the company owns the rights, and since they did believe it to make the claim, no charges of purgury are ever laid. This ruins step 2 as well, because a reperesentitive doesn't get prison time on behalf of whom they are representing, and you can't put a virtual person (the company) in jail.
      Lastly, if you did do this, realise that you have just made the job title "scapegoat". Do you think anyone really wants the job of taking prison time when a company lies? Do you think that the company would care about the people that are taking the fall for them?

    14. Re:wait ... common carrier? by Anonymous Coward · · Score: 0

      Remove the stupid law then

    15. Re:wait ... common carrier? by Anonymous Coward · · Score: 1

      This puts you back to the same position, where a reperesentitive states that they believe that the company owns the rights, and since they did believe it to make the claim, no charges of purgury are ever laid.

      So? Before inconveniencing a user, prove that you own the rights to a judge.

      The music industry wants to be judge and jury but leave the dirty and expensive job of executioner to someone else.
      How about just saying no?
      Copyright should be about public distribution, not snooping in private communication.
      If they have to go bother the ISP about it then they don't have enough on their feet to begin with.

      If they have a case then they can just use the regular justice system, but then they can't go on a fishing expedition since they judge will curbstomp them for wasting the courts time.

    16. Re:wait ... common carrier? by serviscope_minor · · Score: 1

      Put some teeth into the "under penalty of perjury"

      It does have teeth, it just doesn't mean what you think it means because it's a rider attached to a really really astoundingly stupid clause.

      IIRC, the clause is that it's perjery if you don't represent the copyright holder making the claim. So, if you as an agent of Sony make a DMCA claim against the moon landings, that's 100% legal because you do, in fact, represent Sony.

      If however you file a DMCA on behalf of Sony when you don't represent them then that is perjery.

      Filing illigitimate claims for a copyright holder you do represent isn't the subject of that clause, so the "under penalty of perjery" doesn't apply.

      --
      SJW n. One who posts facts.
    17. Re:wait ... common carrier? by Anonymous Coward · · Score: 0

      Different AC here.

      No one, because the company owns the rights. This puts you back to the same position, where a reperesentitive states that they believe that the company owns the rights, and since they did believe it to make the claim, no charges of purgury are ever laid.

      Then proof of ownership is required - no proof, no takedown notice.

      This ruins step 2 as well, because a reperesentitive doesn't get prison time on behalf of whom they are representing, and you can't put a virtual person (the company) in jail.

      Pity about no jail time for the company, have to make do with CEO and all the board members instead.

      Do you think anyone really wants the job of taking prison time when a company lies?

      No, so this should solve the problem (unless there is an unlimited supply of CEOs and board members).

      Do you think that the company would care about the people that are taking the fall for them?

      Since the "people" taking the fall are probably responsible for this mess, who actually gives a shit?

    18. Re:wait ... common carrier? by AmiMoJo · · Score: 1

      I use a VPN for all my torrenting anyway, but my ISP still gets bogus notices for stuff I have not downloaded. Honestly some of it is quite insulting, I mean how dare they insinuate that I like those Twilight movies?!

      Anyway, my ISP is obliged to forward the notices to me. I asked them if I need to do anything and they said no, it's just a legal obligation on their part. So I blocked the email address (with a bounce message stating that copyright warnings are not accepted) and that was that.

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

      Even that isn't enforced though. There are examples of take-down notices being sent by people who don't represent the copyright holder on an automatic basis, and nothing happens to them.

      Who is responsible for prosecuting people who do this?

      --
      const int one = 65536; (Silvermoon, Texture.cs)
      SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
    20. Re: wait ... common carrier? by Anonymous Coward · · Score: 0

      It's easier than that. People just need to start taking those at the *AA one by one and publicly executing them by setting them on fire in front of their HQ. Every time a take down does out, an employee is burned alive. They'll eventually get the message or no one will be left to send them out. Either way, it's a win win.

    21. Re:wait ... common carrier? by Anonymous Coward · · Score: 0

      You still have to respond to relevant notices of infringing content in order to keep your common carrier status. If you completely ignore it, you are no longer protected as a common carrier.

    22. Re:wait ... common carrier? by Anonymous Coward · · Score: 0

      The problem with that is someone could change the content at the URL after you send the notice. If might be infringing when you view it and send your DMCA complaint, then the owner changes it to something non-infringing.

    23. Re:wait ... common carrier? by Anonymous Coward · · Score: 0

      Easy Answer:
      Automatic Reply , a form to fill in, and signed by a real human and a captha. They must fill in technical details. They must testify the alledged evidence is auditable and will withstand scruitiny( In Australia - one case they refused to have their experts cross examined - because they were as dumb as shit - caught flat out lying) And provide a CC number for billing costs.
      Anything missing gets turfed.

    24. Re:wait ... common carrier? by Anonymous Coward · · Score: 0

      From the perspective of the conglomerate of content owners, you aren't solving the problem. You are in fact making it worse.

      From their perspective....their work is being stolen all over the place, and ISPs are the biggest enablers of this theft. It doesn't matter if you disagree, this is how they see it and they believe it is the right way to look at it. They feel like they are being injured by the ISP's flagrant disregard for the law, and the that ISPs are forcing THEM to act as police officers, when that isn't THEIR job either!

      To put it simply, their thought process is "YOUR service is what makes all this theft possible, therefore YOU are responsible for preventing that, not ME!"

      The mass takedown notices and suchlike are just an effort at finding a cheap way to do the enforcement that they have to do, to protect the value of their IP, since the system is currently broken and these problems aren't being solved properly.

      And your "solution" just breaks it even more.

    25. Re:wait ... common carrier? by Gr8Apes · · Score: 1

      Step 1 cannot work.

      Sure it can, add or replace it with "or must put up a $100 fee to be forfeited to the accused party should your notice be found to be incorrect" Now you have to put money into each request, nuisance mass automated takedown notices instantly solved since they now can be a source of income

      --
      The cesspool just got a check and balance.
    26. Re:wait ... common carrier? by Gr8Apes · · Score: 1

      The words are there, but the enforcement is unequal.

      --
      The cesspool just got a check and balance.
    27. Re:wait ... common carrier? by bws111 · · Score: 1

      You made a claim, now back it up. Give some examples. I don't want examples of people being prosecuted for leaking movies, we all now that happens. I want examples of complaints made by software developers, that fit the criteria of the law, that were not persued.

    28. Re:wait ... common carrier? by Anonymous Coward · · Score: 0

      Good

      Maybe if we break the system good enough it will actually get fixed.

      What's fixed?

      Copyrights to content creator only. The corporations only get to license them.

      Copyright time limit of 25 years. If you haven't made your money by then tough.

      If copyright is abandoned, (abandoned means you haven't republished the work in a decade,) it immediately goes to the public domain.

      International copyright goes to the minimum of any state subject to the agreement, not the maximum.

      Copyrights are suppose to be incentive for creators to contribute to the public domain, in return for a reasonable period during which they can benefit from their work, not a method by which corporations can prevent work from entering the public domain.

    29. Re: wait ... common carrier? by Anonymous Coward · · Score: 0

      Require a cash bond of 10% of the civil penalty they are asserting. If the claim is subsequently dropped or the person is not found guilty, the accused gets the cash bond for their trouble, plus any other rights remain intact. If you are claiming a $250,000 penalty act occurred, put up $25k as an act of good faith that you did due diligence.

      Since we are dealing with dissimilar scale sides, let the first DMCA filed have a mere $100 fee so the little guy is not unable to defend their IP rights. If you file 3 failing claims in one year, you lose your right to practice law if a lawyer, or right to file claims if a company. Or at least require full bonds be posted prior to action on any claims.

    30. Re:wait ... common carrier? by 1ucius · · Score: 1

      Amusingly, that's all already in the law:

      17 U.S. Code 512
      1) Elements of notification.—
      (A) To be effective under this subsection, a notification of claimed infringement must be a written communication provided to the designated agent of a service provider that includes substantially the following:
      (i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
      (ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
      (iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
      (iv) Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
      (v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
      (vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

    31. Re:wait ... common carrier? by 1ucius · · Score: 1

      ...and

      17 U.S. Code 512
      (f)Misrepresentations.—Any person who knowingly materially misrepresents under this section—
      (1) that material or activity is infringing, or
      (2) that material or activity was removed or disabled by mistake or misidentification,
      shall be liable for any damages, including costs and attorneys’ fees, incurred by the alleged infringer, by any copyright owner or copyright owner’s authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of the service provider relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it

    32. Re:wait ... common carrier? by Gr8Apes · · Score: 1

      We know that people have been jailed/fined excessively for copyright infringement of audio/video. To be fair, there was a jail sentence for computer program infringement but there's a few things to be noted there - he was selling copies, and he was doing so on a massive scale. Exactly what copyright law is designed to prevent. It was not a case of sharing something with 10 of your friends, online.

      --
      The cesspool just got a check and balance.
    33. Re:wait ... common carrier? by bws111 · · Score: 1

      In order to be 'fined' or 'jailed', an infringer must commit CRIMINAL infringement. The criteria for criminal infringement is:

      (A) for purposes of commercial advantage or private financial gain;
      (B) by the reproduction or distribution, including by electronic means, during any 180-day period, of 1 or more copies or phonorecords of 1 or more copyrighted works, which have a total retail value of more than $1,000; or
      (C) by the distribution of a work being prepared for commercial distribution, by making it available on a computer network accessible to members of the public, if such person knew or should have known that the work was intended for commercial distribution.

      Obviously, 'sharing something with 10 of your friends online' does not qualify for criminal infringement, unless the thing you are sharing has a retail value of more than $100

      There is no distinction made of the type of work (movies, records, software).

  3. Time for a class action against record companies by Anonymous Coward · · Score: 3, Funny

    for releasing noise, and mislabelling it music.

  4. Copyright is a crime like theft, robbery and fraud by Anonymous Coward · · Score: 1

    If all I get, is a mere *copy* of the result (information/data/media/) of somebody’s hard work,
    then all they will ever get from me for it, is *also* just a mere copy of the result (money) of my hard work!
    And if they don't accept my worthless copies as pay for their worthless copies, then I'm gonna yell at them that "I worked hard for that money, you thieves!". Deliberately confusing the original work and the worthless copy, just like they do to steal our money.

    If they aren't even the ones who made the work, but merely a distributor holding the copyprivilege, then they can fuck right off!

    I'm giving my hard-earned money for just as hard work.
    Musicians make their money from concerts and merchandising anyway, and didn’t ever make any relevant amount from media copies. So I go to their concerts, they take a bit of my money, and we're both good, without the cokeheaded organized crime called Content Mafia leeching off money without doing any value-adding work in return, just so they can snort more cocaine.
    (And I worked in the music, TV, art, movie and games industry. They ALL snort cocaine. Well, 2/3rd or them at least.)

  5. Just another revenue source by misnohmer · · Score: 1

    Suing has become just another revenue source. The music industry would sue the mothers of college students for giving birth to children who are infringing copyrights, if they think they'd net any money from it. The reality though is that it costs more to sue individual people, so they'll go after large entities first. Next up, they might sue each university for copyright infringements their students may be doing (they won't go after specific examples, they'll sue for average estimated number of infringements".

    1. Re:Just another revenue source by viperidaenz · · Score: 2

      They don't like suing individuals, because once they're declared bankrupt, there isn't enough money left in their assets to pay their own lawyers, because they had to sell their house to pay their own lawyer.

    2. Re:Just another revenue source by SuricouRaven · · Score: 2

      It's not about the money, it's about the deterrent: Ruin a few people, scare off the rest. The industry only stopped this approach because it was producing too much bad publicity. Rendering whole families homeless just to scare others into obedience is a good way to make people hate you.

    3. Re:Just another revenue source by Anonymous Coward · · Score: 0

      Suing has become just another revenue source.

      I think it is more of an internal scam.
      Essentially RIAA tells the record companies that they are losing money on copyright infringement and have to pay into the witch hunt to keep piracy down.
      To prove their point they have to invent the regular bullshit reports on how many trillions are lost because of "IP-theft".

      The copyright industry is essentially a different entity than the music industry and they need to advertise that there is a problem that they can solve and also show that they are doing something about it to get the record companies to buy into it.
      Their main profit isn't from suing people, it is "protection money" for being a copyright enforcer.

    4. Re:Just another revenue source by Anonymous Coward · · Score: 0

      Exactly right, these parasite declared war on their own customers just like the Movie Industry rather than innovate or keep up with existing techology. They are parasitic middle men and they deserve to fail and die.

    5. Re:Just another revenue source by Anonymous Coward · · Score: 0

      I think it's pretty obviously NOT about deterrent at this point.

  6. Broken Link??? by Anonymous Coward · · Score: 0

    Come on, /. editors. Your link is broken: "the recording industry has shifted its focus to fashioning new forms of copyright liability that would require ISPs to act as the copyright police" links to "https://yro.slashdot.org/story/18/08/21/237246/ahref="

    That's it? Why is /. getting lazier and lazier every single year?

  7. Charge the MOFOs by rojash · · Score: 2

    ISPs just need to charge the damn studios for tracing and/or tracking vile downloaders (no I am NOT one...I insist!!)

    1. Re:Charge the MOFOs by CharlesAKAChuck · · Score: 4, Interesting

      THIS! This is what the ISP should say:. Send all the notices you want, we'll investigate each and every one of them, but you're getting the bill for every bit of it, no matter the outcome of our investigation. If the notice is valid, we'll let you know all of the offender's details so you can take them to court. We'll also bill the offender for the time (cause we're an ISP and double billing makes us giddy), and if they don't pay, no more service for them. If the industry sending the notices doesn't pay our bill for our services rendered, then we stop worrying about your notices. Music industry, movie industry, whatever-you send us a notice, we'll check it out and bill you for it. Since we're getting paid, we'll actually do a real investigation, and it won't hurt our feelings to send letters and even terminate the occasional repeat offender's account. Plus the music and movie industries could actually back up their claims of losing multiple billions of dollars a year due to piracy, because they'll have the invoices from the ISPs to prove it.

      ISPs get a new practically unlimited revenue source, music and movie industries actually get their piracy claims investigated, and individuals no longer blame the music/movie industry for stupid lawsuits, they'd be mad at the ISP.

      How is this not already happening?

    2. Re:Charge the MOFOs by Anonymous Coward · · Score: 4, Insightful

      Because the copyright holders don't want to pay ISPs to investigate the copyright infringement that the ISPs are enabling. They way they see it, copyright infringement is already the ISPs fault, and the ISPs profit from it (in user subscription fees), so the ISP should be required to find a way of preventing it, on their own dime.

      That's all just doublespeak, of course. Really, copyright holders feel that since they created something, they should get paid ridiculous amounts of money for it, for the rest of eternity, and everyone BUT them should be obligated to ensure that they never get cheated out of a penny of what they are due. They feel completely entitled to this, and further feel that the notion that copyright should ever expire is a moral transgression.

      Entitled, greedy bastards if you ask me.

    3. Re:Charge the MOFOs by Anonymous Coward · · Score: 0

      Found the comment I was going to make.

      Another idea: Charge the customer if they were indeed illegally downloading. Charge the *AA if the customer was not.

    4. Re:Charge the MOFOs by Anonymous Coward · · Score: 0

      Most ISPs are now content owners. So isn't that policing the police?

    5. Re:Charge the MOFOs by Anonymous Coward · · Score: 0

      How is this not already happening?

      Because it means less billable time for the lawyers involved.

    6. Re:Charge the MOFOs by mishehu · · Score: 1

      AFAIK, Grande isn't a content producer.

    7. Re:Charge the MOFOs by Anonymous Coward · · Score: 0

      How is this not already happening?

      Because the hit/miss ratio is pretty atrocious.
      The music industry is going on a fishing expedition, but less than 1% of their accusations are actually valid.
      Throwing accusations around is only profitable if someone else pays for the investigation.
      This is why they don't offer to pay for the ISPs time.

    8. Re: Charge the MOFOs by houghi · · Score: 1

      No, theyshould say "fuck off and come back with a warrent." I have seen police escorted of the premises, because they did not have a seach warrent.
      Bossman just told them he would see that the logfiles would be ready if they came back with a warrent and only then they would be handed over.

      I have also seen, although nit copied, a letter from a judge to the local MAFIAA to basucaly fuck off if no miney was involved. It would be seen as contempt of the legal branch. So I copy and share and as long as I do not make any profit, I am good.

      All thus is in Belgium.

      --
      Don't fight for your country, if your country does not fight for you.
    9. Re:Charge the MOFOs by Anonymous Coward · · Score: 0

      As a SysAdmin for a municipal ISP, since we aren't paid for such labor we cheerfully delete every single copyright notice we receive with extreme prejudice. We do not bother contacting the customer either. The MPAA and RIAA can kiss our ass. We are not law enforcement and are not in the business of providing free labor when we have a staff of 5 people.

    10. Re: Charge the MOFOs by Anonymous Coward · · Score: 0

      Hi double dog ;)

    11. Re:Charge the MOFOs by 1ucius · · Score: 1

      Because the ISP's are infringers, too. However, they only get immunity if they promptly remove the infringing material after notice. Put differently, they could do that, but then they'd loose their immunity.

  8. How thing (supposedly) work in Brazil by morcego · · Score: 3, Interesting

    (IAAL. This is how thing work on paper, how they are supposed to work according to the law. In practice, ymmv)

    In Brazil, copyright infringement is a crime. Actually, a set of crimes. The smaller one being a simple copyright violation, which carries a penalty of 3 month up to 1 year jail, or a fine. The bigger one carrying a penalty of 2 to 4 years jail.

    Once the part if found guilty, the holder of the copyright can sue him in civil court of ACTUAL damages. And although the existence of the damage is already establish in the criminal court, the extent still have to be proven on civil court. And that damage is limited to restitution. There are no punitive damages, since there is already a criminal conviction. Also, in the Brazilian legal system there is a rule that forbids enrichment without a cause. That also helps limit the extent of the civil indemnity.

    This limitation on "enrichment without a cause" is quite interesting, actually. It means that punitive damages must never be a source of money for the autor of the suit. In a cause like the famous McDonald's "hot coffee", those $3mil punitive damages would not go do the consumer that got burned. Instead, it would go to a non-profit of some kind, probably one that fights for consumer rights. The consumer herself would only get actual damages (material and moral damages), probably in the order of $50 grand.

    This all is to stop "get rich" lawsuits.

    --
    morcego
    1. Re:How thing (supposedly) work in Brazil by Anonymous Coward · · Score: 3, Informative

      If you actually read about the facts in the McDonald's lawsuit you have a very different view.

      The lady had 3rd degree burns in her pelvic region requiring skin grafts and two years of medical treatments.
      FYI the award was reduced by the judge to 640k.
      https://en.wikipedia.org/wiki/Liebeck_v._McDonald%27s_Restaurants

      If you don't like reading then watch Hot Coffee on HBO you will get a very different view than the media that is pushing tort reform:
      https://en.wikipedia.org/wiki/Hot_Coffee_(film)

    2. Re:How thing (supposedly) work in Brazil by Anonymous Coward · · Score: 0

      This was my take on the events as well after watching that film.

      She just wanted money for medical bills, and McDonalds was just being horrible about it.

    3. Re:How thing (supposedly) work in Brazil by 1ucius · · Score: 1

      McDonald's big problems were:
      1) they served their coffee much hotter than other fast food restaurants, which in turn, was causing much more severe burns when the inevitable happened
      2) this had happened many times before i.e., McD's knew knew about the problem and didn't fix it.
      3) McD's was doing it to save money (the high temps let them produce more coffee for the same grounds)

  9. Grande is Great by XXeR · · Score: 3, Informative

    I had Grande service for years, and they were by far the best internet provider I've ever had. Low and consistent price, and rarely any connectivity or speed issues.

    I recently moved to an area they don't service and am stuck with Spectrum...which has been a horrible experience all around. This article makes me miss them even more.

    1. Re:Grande is Great by mishehu · · Score: 1

      I'd happily take service from Grande. But even better then Grande is GVTC, and unfortunately I'm just as unlikely to get their service. And Spectrum or Ma Bell? Well, that fiber is 1 mile away. I can't even get either of them to tell me how many rooftops it will take to sign up for service for them to pull the fiber. Nobody at Ma Bell even knows who to ask. Surely it's the computer, since the computer controls everything there, including Randall Stephen's pornography choices.

    2. Re:Grande is Great by Anonymous Coward · · Score: 0

      Grande has slowly started dropping the ball. Our bill goes up almost every month. Now the minimal 'triple play' package comes out to $200/mo. That's without any premium add ons. There is something like $75/mo in "taxes" that are simply added fees. If we dropped tv to just have phone and internet, the price would only drop something like $50/mo due to the other services then drastically increasing.

      The real kicker however? About three to four months ago I noticed I started having trouble connecting to wifi on my back porch. I used to be able to do full video conferencing from there. My house is completely open and the back porch is less than 10m away. The router has almost an unobstructed signal path. Well, my cell phone now can barely keep connection and my laptop can no longer do any high bandwidth conferencing. The kicker? About a month or two ago I caught a commercial for their new 'whole home wifi' package starting at only $10/mo. I have no way to prove it, because their router no longer provides the dB transmission level for the wifi, but I feel they reduced signal strength was arbitrarily reduced in order to lure people into their new package. I'm sure if I called their support line and inquired why I can't get signal anymore they'd try telling me that wifi just isn't all that good sir, and 10m on 5GHz AC is just too far. Fucking BS.

    3. Re:Grande is Great by XXeR · · Score: 1

      Interesting. To be fair, I only ever had their internet service after cutting the cord years ago, and handled my own wifi. The price was around 50/mo for years, and they periodically doubled my speed for free.

  10. Re:COHEN AND MANAFORT FELONS, TRUMP NEXT UP by Anonymous Coward · · Score: 0

    Lock him up!

  11. Respond by suing the government by Anonymous Coward · · Score: 0

    If you get burgled, sue the government because they failed to stop the burglars from using the roads in the robbery process. It's the same thing - stupid logic.

  12. Repeat Offender Termination by fafalone · · Score: 3, Interesting

    They're welcome to have their '3 strikes and you're out' policies, but naturally each strike has to come from being found to have infringed by a real court of law. This nonsense where the infringed party themselves determine your guilt is absurd. Not only do they have a conflict of interest, their tools that identified you can't be examined and are notoriously unreliable. There's good reasons why we don't allow guilt-on-accusation.
    And not only that, there should be a 'repeat offender' termination policy for the *AA and their ilk too. 3 abusive notices like accusing a printer, targeting birdsong/noise/other things clearly not their work, or targeting what's clearly obvious fair use, and they lose their ability to accuse.

    1. Re: Repeat Offender Termination by UnknowingFool · · Score: 1

      I suspect with Grande, the music companies are probably sending them hundreds if not thousands of notices a day. Grande is a much smaller company than Spectrum or Comcast and donâ(TM)t be have the resources to investigate even a fraction of the claims. The music know this though.

      --
      Well, there's spam egg sausage and spam, that's not got much spam in it.
  13. Re: COHEN AND MANAFORT FELONS, TRUMP NEXT UP by Anonymous Coward · · Score: 0

    Parent links to Goatse.

    Don't say you've not been warned.

  14. Letting someone else do your dirty work by nehumanuscrede · · Score: 2

    Is basically what it boils down to.

    Why spend your own money on litigation ( lawyers are expensive ) when you can
    rent a Congress Critter to draft a law forcing the rest of the world to do it for you ?

    Seriously, the MPAA / RIAA have been trying to stop this since the days of cassette
    tape and Beta-Max and they have NEVER been successful. It sounds to me they're
    just tired of wasting their time and money and want to force everyone else to waste
    theirs for a while.

    One might think the smarter move would be to put that money to better use so folks
    won't have much need to pirate anything. Example they fought tooth and nail against
    streaming / digital downloading claiming the end was nigh . . . . .

    But here we are and legitimate streaming / downloading is pretty much the de-facto
    standard method of delivery now.

    I swear I don't think the folks in charge over there look much past tomorrow when it
    comes to long term planning.

    1. Re:Letting someone else do your dirty work by Anonymous Coward · · Score: 0

      I swear I don't think the folks in charge over there look much past tomorrow when it comes to long term planning.

      Very seldom does technological progress come from large corporations, especially when they have an interest in the status quo or what they perceive to be the status quo. It's hard for the big guy to disrupt himself. In this the music business is hardly unique.

    2. Re:Letting someone else do your dirty work by Anonymous Coward · · Score: 0

      Don't look now, but they're trying to get Safe Harbor eliminated in every currently negotiated trade treaty so they can force its removal from the DMCA as "harmonization".

    3. Re:Letting someone else do your dirty work by Anonymous Coward · · Score: 0

      I swear I don't think the folks in charge over there look much past tomorrow when it
      comes to long term planning.

      You're giving them way to much credit. They don't look past several years or sometimes even decades ago.

  15. how to make others do your work and profit... by Anonymous Coward · · Score: 0

    Let others make your content, the artists.
    Let others sell that content, the shops.
    Let others be the police for your copyright, the ISP's.

    Is there actually anything these lowlifes do themself besides just grabbing the money ?

    1. Re:how to make others do your work and profit... by Anonymous Coward · · Score: 0

      They also get to spend it.

    2. Re:how to make others do your work and profit... by speedlaw · · Score: 1

      Yes, they used to be gatekeepers, and that was the power. You owned the radio...you owned the record plants. You kept everyone on a leash, and it worked really well (Remember $18 CD's?) until it didn't. In school, our student organization wanted to hire a band. We had the money. The band manager turned us down, because in Boston in the 80's, once you hit on radio, you were forbidden to play schools, because the only venue "they" wanted you to play was the ones they owned. Play a school festival, and you'll never be booke in the XXX Arena. So, no, they didn't make the music, but controlled the whole flow chart.

  16. Re: COHEN AND MANAFORT FELONS, TRUMP NEXT UP by Anonymous Coward · · Score: 1

    Lolwut? It is an equally sick animated photo of a dangling hanging McCain from a noose with a countdown timer. Might want to take another look.

  17. ISP can't have it both ways: Common Carrier by neurocutie · · Score: 1

    This legal conundrum is exactly why common carrier status was created. The previous FCC tried to classify ISPs as common carriers, which would absolve them from policing the content that they carry. But ISPs don't want to be hamstrung by this status... so this is the result. ISPs then *can* be sued and held accountable for what it carries...

    1. Re: ISP can't have it both ways: Common Carrier by Anonymous Coward · · Score: 0

      What? The ISPs want common carrier. It was this trump administration that rolled back the net neutrality rules.

  18. Slammed and Blasted by pjrc · · Score: 1

    Has anyone else noticed how journalists seem to love the words "slammed" and "blasted" when quoting sources. They can't write "said" or "disagreed" or "objected" or phrases "offered a different opinion".

    No, "Texas ISP Slams Music Industry".

    "Slams" and "Blasts" are now the words for simply speaking against anything!

    This World Wrestling Federation style language now seems to permeate all manner of mainstream journalism. What's up with that? Maybe it's simply what sells these days? Or maybe journalists copy each other, without critically thinking how their new affinity for these overly aggressive terms really sounds?

    1. Re:Slammed and Blasted by NormalVisual · · Score: 1

      Yeah, I've noticed that. Over the last couple of decades, it seems like the use of slang has become increasingly acceptable in journalism. I'm not militant about it, but it does tend to sound kind of unprofessional to me, and in particular it subjectively colors the headline/story. I thought journalists were supposed to be neutral in their reporting.

      --
      Please stand clear of the doors, por favor mantenganse alejado de las puertas
    2. Re:Slammed and Blasted by drinkypoo · · Score: 1

      "Slams" and "Blasts" are now the words for simply speaking against anything!

      He tried taking water from toilets, but it's Secretary Not Sure who finds himself in the toilet now. And as history pulls down its pants and prepares to lower ITS ASS onto Not Sure's head, it will be Daddy Justice who will be crapping on him THIS TIME.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    3. Re:Slammed and Blasted by drinkypoo · · Score: 1

      I thought journalists were supposed to be neutral in their reporting.

      Never happened. There is always bias. What is reported, how it is reported, when it is reported, to whom is it reported... all add up to tell you why it was reported. That's why we need competing media outlets, which in turn is why permitting a single entity to own multiple media outlets in the same market is a failure.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    4. Re:Slammed and Blasted by NormalVisual · · Score: 1

      I was speaking more of an ideal, really. I agree totally that there will always be some kind of bias, merely because journalists are people too.

      --
      Please stand clear of the doors, por favor mantenganse alejado de las puertas
  19. 21st Century Amish by amoeba1911 · · Score: 1

    They fought tooth and nail against every new technology... vhs, audio compression, video streaming ... that's how Netflix has become as valuable as Disney in one tenth of the time! These greedy assholes never learn: You catch more flies with honey. Long term business success is achieved by providing a valuable service to your customers! They only know to profit by treating customers like cattle. A short-sighted money grab never works in the end. RIAA/MPAA is just Kodak with a different name... refusing to change in a changing world like the Amish... at least the Amish aren't trying to keep everyone else in the dark ages!

    1. Re:21st Century Amish by NormalVisual · · Score: 1

      that's how Netflix has become as valuable as Disney in one tenth of the time

      If you're just considering market cap, yes. By practically any other metric (particularly net income, i.e. profit), Disney and Comcast both dwarf Netflix, and that means a lot more money at their disposal for influencing legislation. Also, while Netflix's own programming has been successful, they're largely dependent on other content providers and on ISPs for their business.

      --
      Please stand clear of the doors, por favor mantenganse alejado de las puertas
    2. Re: 21st Century Amish by Anonymous Coward · · Score: 0

      Every internet company relies on those.

    3. Re:21st Century Amish by 1ucius · · Score: 1

      They fought tooth and nail against every new technology... vhs, audio compression, video streaming

      LOL. Content owners *love* streaming - those laws are far more plaintiff friendly e.g., no first sale doctrine, the anti-circumvention provisions of the DMCA actually apply, they can write/update the terms of use, etc.

  20. typo by Torvac · · Score: 1

    "the lawyer industry has shifted its focus to fashioning new forms of copyright liability that would require ISPs to act as the copyright police." - here fixed it

  21. It is pretty stupid... by Heebie · · Score: 1

    Federal, State & Local government aren't fined or charged when someone shoplifts a slice of pizza, then uses ROADS to get away from the scene. Why would the provider of the virtual "road" that infringers use be fined or charged? There's very little difference.

  22. Thing1: Grande Caters Exclusively To Rich by Anonymous Coward · · Score: 0

    You won't find Grande in the barios, 'hoods, or downtowns. It operates exclusively where the rich are richer than any ISP could dream and expect not to shoot a wad.

    Thing2: Makes sense to go after Grande's customers since they have the dosh to pay the big settlements.

  23. But Net Neutrality! by mpercy · · Score: 1

    If we're going to demand that ISPs just push bits around without throttling or special treatment, then demanding that they monitor all the data for copyright violations, spam, bogus ads, clickbait, fake news...that's a paradox, ain't it?