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Swedish ISP Bahnhof Fights Sci-Hub Blocking Order (torrentfreak.com)

thomst writes: "After being ordered to block a number of piracy-related domains following a complaint from academic publisher Elsevier, Swedish ISP Bahnhof retaliated by semi-blocking Elsevier's own website and barring the court from visiting Bahnhof.se," reports TorrentFreak. "Those actions have now prompted Sweden's telecoms watchdog to initiate an inquiry to determine whether the ISP breached net neutrality rules."

Bahnhof is under investigation for diverting its users who attempt to click on links to Elsevier -- the complainant in the case -- to a page that explains the giant journal publisher forced the ISP to block access to a number of Sci-Hub domains, via a court order it doesn't have the resources to fight. That page includes a link to Elsevier that Bahnhof doesn't intercept. So, is it reasonable for Bahnhof to divert its users to a "fuck you" page, rather than allowing them to freely access Elsevier?

53 comments

  1. Children by Anonymous Coward · · Score: 0, Interesting

    it sounds like a bunch of children running the day care

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

      Where can I make a donation to this poor abused company?

    2. Re: Children by Anonymous Coward · · Score: 0

      This company is entirely within its right as they gave users external links at the same time as giving them vital information that Elsevier is just a patent troll feeding on the hard work of others while stealing massive taxpayer dollars.

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

    Genius. Wish more isps would follow their lead.

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

      Precedent. This opens the door to your ISP blocking you from you wanting to watch netflix, and instead redirecting you to their own video streaming service (or say, disney if there was an agreement?)

      You really stupid enough to want that?

    2. Re:Yes. by Anonymous Coward · · Score: 0

      Genius indeed! When forced to drop site x by y, do so but always drop site y as well.

      The best is that no important site will ever be lost for me this way.

    3. Re:Yes. by coofercat · · Score: 1

      Methinks it's you being stupid. Precedent was set by the courts telling Bahnhof to block certain sites. They just went a step further and blocked one more than they were told to.

      Either you have net neutrality or you don't - you can't have it "a bit". For those who demand filtering and blocks, be careful what you wish for.

  3. Why not? by Anonymous Coward · · Score: 4, Interesting

    So, is it reasonable for Bahnhof to divert its users to a "fuck you" page, rather than allowing them to freely access Elsevier?

    If censorship is being requested by company X because of Y reasons, call them out for it and make people aware of their slimy behavior.

    Blocking pages for copyright reasons is stupid, and it's nice for some ISP to actually put it into perspective.

    1. Re:Why not? by Anonymous Coward · · Score: 1

      That page includes a link to Elsevier that Bahnhof doesn't intercept.

      The page isn't actually blocked. It effectively just has an annoying interstitial.

  4. An interesting case by SuperKendall · · Score: 1

    Is this re-direction a violation of Network Neutrality or not as most people think of it, I wonder...

    I personally support what they are doing in spirit but it does seem like it's probably bad form technology-wise.

    --
    "There is more worth loving than we have strength to love." - Brian Jay Stanley
    1. Re:An interesting case by K.+S.+Kyosuke · · Score: 0

      It's not. It's a bullshit idea to begin with.

      --
      Ezekiel 23:20
    2. Re:An interesting case by cascadingstylesheet · · Score: 2

      Is this re-direction a violation of Network Neutrality or not as most people think of it, I wonder...

      Er, yes, of course it is. Because that's not how the web (which is part of the net) works.

      The ISP is just supposed to send the URI that was requested to the correct server, and then relay the response back to the requester. That's it.

      It's pretty ironic that just because it suits the politics of the pro net neutrality people, that suddenly this would become magically OK.

    3. Re:An interesting case by rtb61 · · Score: 1

      In reality a prime example of why net neutrality is required, unfortunately a really bad time for it to happen with regard to the US market. The US incumbents will take one look at this, ohh, I never thought we could do that and voila, you just know they will start doing it all over the place.

      --
      Chaos - everything, everywhere, everywhen
    4. Re:An interesting case by Anonymous Coward · · Score: 0

      I think it's legitimate to warn users of a malicious site that their browsing experience and the ISP's neutrality is directly affected by. It's analogous to the malware warnings and security warnings (cert expired, etc) I see in my browser. It has certainly less of an impact on neutrality than blocking sci-hub. Or for that matter, EU memory hole laws, EU cookie laws, government-mandated porn filters... they all violate net neutrality, and not in a way that would allow you to click through.

    5. Re:An interesting case by Luckyo · · Score: 1

      Yes, because it hijacks traffic for ideological/economic reasons. The moment you do that, your argument for being a dumb pipe is out of the window. You're now an entity exercising control over access for ideological/economic reasons. Which is exactly what net neutrality is supposed to prevent.

      They really dropped the ball on this one.

    6. Re:An interesting case by Anonymous Coward · · Score: 1

      It's pretty ironic that ...

      You know whats really ironic ?

      To have zero problem with an ISP being forced to censor a website, but falling all over yourself condemning that same ISP when it returns the favour - to the very party demanding the censoring.

      Either you accept net neutrality, or you don't. You can't have it both ways.

      If you do neither can demand/engage in censoring.

      In other words, Don't be a twit.

    7. Re:An interesting case by Anonymous Coward · · Score: 0

      To my knowledge Sweden doesn't have specific net neutrality laws.
      Instead, if an ISP promises to provide internet at a specific bandwidth and they don't they are guilty of fraud.

    8. Re: An interesting case by Anonymous Coward · · Score: 0

      I'm not sure sure. The ISP want to be a dumb pipe, but are being forced to act as censor by the court.
      This is a "be careful what you wish for" protest.

    9. Re: An interesting case by Luckyo · · Score: 1

      Courts have a legal mandate to tell ISP what to do. And they are also required by law to issue such an order by democratically elected legislative body.

      ISP has no such mandate, which is why your statement shows how badly they failed. You're forced to suggest that ISP and court are somehow similar in power in that ISP should have a right to reject a court order.

    10. Re:An interesting case by Anonymous Coward · · Score: 0

      In any case, this is no more of a violation of network neutrality than merely obeying the court order.

  5. What is this company?? by sentiblue · · Score: 0

    I thought I misread.... that this is an ISP... Sounds to me this is a playground full of dumb phucks that think they can do anything and always get away.

    1. Re: What is this company?? by Anonymous Coward · · Score: 0

      Aw come on. U gotta give them some time to destroy evidence before you criticize them

    2. Re: What is this company?? by Anonymous Coward · · Score: 0

      I read a case like this. The offensive party actually charged the other parties fees while they pestered them with frivolous court orders

  6. Not blocked? by Anonymous Coward · · Score: 0

    > That page includes a link to Elsevier that Bahnhof doesn't intercept.
    So it is not blocked but required clicking through?
    Then what is the big deal?

    1. Re: Not blocked? by Anonymous Coward · · Score: 0

      Their wallet got hurt. So naturally they sue.

  7. Good on them by Anonymous Coward · · Score: 1

    You cant have net neutrality while censoring sites.. its one of the other

    1. Re: Good on them by Anonymous Coward · · Score: 1

      They refer to it as high hypocrisy in polite circles

    2. Re:Good on them by Anonymous Coward · · Score: 1

      yeah that's the point, the isp was told its ok to censor this site because reasons, so it must be ok for us to censor other sites we don't like too

    3. Re:Good on them by Tough+Love · · Score: 1

      You cant have net neutrality while censoring sites.

      The site wasn't censored.

      --
      When all you have is a hammer, every problem starts to look like a thumb.
    4. Re:Good on them by Anonymous Coward · · Score: 0

      A court order that orders an ISP to block a specific site isn't censoring?

    5. Re:Good on them by Anonymous Coward · · Score: 0

      It is, by court order even.

  8. "fuck you pages" by bmo · · Score: 1

    Google has been doing censorship "fuck you" pages for *forever*

    How is this different? Oh, I see, Google has money.

    --
    BMO

    1. Re:"fuck you pages" by Anonymous Coward · · Score: 1

      There's a subtle difference.

      You go to Google's site and request Google's data on a given query. If Google chooses to give you a link to a set of web pages, that's great! If Google instead decides to tell you their opinion, well, you effectively asked for their opinion by submitting the query. It's not censorship.

      When you enter a website URL into your browser however, or click a link to a page, you aren't asking for an opinion. You're requesting that web page. Redirecting the result to something else is censorship.

      Google isn't getting away with it because they have money/influence, they're getting away with it because they're not an ISP.

  9. So, is it reasonable for Bahnhof to divert its users to a "fuck you" page, rather than allowing them to freely access Elsevier?

    Is it reasonable? Are you serious? I thought it was all "net neutrality uber alles" around here.

    1. Re:huh? by jythie · · Score: 1

      I guess it all comes down to, do two wrongs make a right?

  10. Elsevier blocks more than Bahnhof by swell · · Score: 5, Interesting

    I've never tried to visit Bahnhof, but Elsevier has blocked me on many occasions from reports I really wanted to see. The paywall is high there and the riches as well. Around the world many point to Elsevier as the worst example of greed in the sciences.

    --
    ...omphaloskepsis often...
  11. Add selling free papers to that list by thesjaakspoiler · · Score: 3, Informative

    A lot of the papers behind Elsevier's paywall are free papers funded by taxpayers money.

  12. Counterpoint by SuperKendall · · Score: 4, Interesting

    Playing devils advocate here

    Er, yes, of course it is. Because that's not how the web (which is part of the net) works.

    Technically redirects are absolutely part of how the web works, letting you know there is a problem trying to reach some resource, possibly directing you to a login page for instance.

    In this case, the problem is the destination is full of dicks (and not the viewin' kind).

    The ISP is just supposed to send the URI that was requested to the correct server, and then relay the response back to the requester

    What about proxies? CDN's? All kinds of caching? It's really not that simple.

    It's not like they are disabling any way to reach the resource, you just have to use the link they provide when you try the original link after being re-directed. Perfectly valid HTTP.

    It's pretty ironic that just because it suits the politics of the pro net neutrality people, that suddenly this would become magically OK.

    I'm really on the fence on this one, being pro Network Neutrality but against regulation without cause.

    --
    "There is more worth loving than we have strength to love." - Brian Jay Stanley
    1. Re:Counterpoint by Anonymous Coward · · Score: 0

      If the ISP redirected its users to the document they requested but on Sci Hub rather than Elsevier, they probably wouldn't be violating Net Neutrality. They'd be serving their customers the resource they wanted, except they'd be redirecting the request to a less-problematic source. This is equivalent to a fair use of a proxy/CDN/cache.

      The problem is they've taken it upon themselves to decide what their customers want, and that's a violation of Net Neutrality principles. They're also displaying an opinion "ad" instead of the content their customer requested, which is also a violation of Net Neutrality principles.

      I fully support Net Neutrality principles and don't approve of pay-to-view science, but this is the wrong way to get in the fight. They're bucking the law of the land and they're also violating their customers' intents.

      Now, if their goal is to challenge the earlier decision blocking Sci Hub, I could see this being a good idea. If they are forced to stand trial for violating the law, this gives them standing to challenge the law. I don't know if this is what they're doing, and I kind of doubt it since they claim they don't have the resources to fight, but it'd be a legally-defensible reason if it's truly their intent.

    2. Re:Counterpoint by cascadingstylesheet · · Score: 1

      Playing devils advocate here

      Er, yes, of course it is. Because that's not how the web (which is part of the net) works.

      Technically redirects are absolutely part of how the web works, letting you know there is a problem trying to reach some resource, possibly directing you to a login page for instance.

      Sorry, but that's nonsense.

      Yes, redirects are part of how the web works, if the server you are contacting returns a redirect.

      There's no RFP for "The ISP doesn't like the politics of the website you are trying to reach."

    3. Re:Counterpoint by SuperKendall · · Score: 1

      Yes, redirects are part of how the web works, if the server you are contacting returns a redirect.

      How do WiFi login pages (which I mentioned) work then HMMMM.

      Or what about web hosts where a user has exceeded some account limit and now you get a message from the host and not the server you were trying to reach HMMMMM.

      --
      "There is more worth loving than we have strength to love." - Brian Jay Stanley
  13. Browsers do it all the time by Anonymous Coward · · Score: 0

    How is an interstitial page with a link to the target the same as not "allowing to freely access Elsevier"?
    The court order already took away net neutrality. You can't have it both ways.

  14. Not ok but by Anonymous Coward · · Score: 1

    The blocking order also violates net neutrality. So the ISP might be being reasonable I suppose?

  15. Science repository should be funded by UN by Anonymous Coward · · Score: 0

    Common sense but ...

  16. Re:THERE WILL BE CONSEQUENCES NAZI FAGGOT KEN DOLL by Anonymous Coward · · Score: 0

    You seem to be mistaken. Ken Barbie isn't nazi, you're confusing him with Klaus Barbie who was.

  17. Yes, but blocking the court was not ok by drinkypoo · · Score: 1

    "So, is it reasonable for Bahnhof to divert its users to a "fuck you" page, rather than allowing them to freely access Elsevier?"

    If it's good for the goose, then it's good for the gander. Where they screwed up was blocking access from the court. Interfering with the justice system is never taken well.

    --
    "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
  18. Irrelevant. The threat was about NN laws. by Anonymous Coward · · Score: 0

    So they did not care that this was in Sweden, only whether it would be a breech of NN laws or not.

    Or are you incapable of thinking "hypothetically, if this were done by a USA ISP, would this break NN or not? And what would be the consequences?".

    Because if you DON'T want hypotheticals, you either have to just state what happened, a meaningless exercise, the fucking summary does that, or you have to complain to the OP that their question is bad. Either case you're pissing on the wrong person, twat.

  19. The court already "killed" "nn uber alles". by Anonymous Coward · · Score: 0

    The court ordered the ISP to divert user queries if those queries were to Sci Hub. THAT killed NN.

    THIS is one way to point out that if you're going to demand ISPs block sites or redirect,then that includes EVERY site can be blocked or redirected. And if you hate that idea, you need to get the court to reverse ITS decision, not whinge and bitch because the ISP is harming your precious "job creator" class with abuse of "net neutrality" rather than "pirates". You LIKE pirates being harmed. Even if it is "killing NN" to do so.

  20. You don;t ask the court for one either. by Anonymous Coward · · Score: 0

    But the court demanded that the ISP ignore your query and instead told them what answer the ISP was allowed to give.

    Either the ISP should be allowed to ignore the court, so your beef is with the court, not the ISP, or they are allowed to ignore user queries and insert different results, in which case your beef does not exist at all.

  21. Totally not reasonable by SoftwareArtist · · Score: 2

    This is exactly why we need net neutrality. ISP with an agenda decides to mess with its customers' internet access, interfere with their ability to view certain web sites, and force political statements to appear on their computers. Anyone who tells you we don't need net neutrality, point to this as exhibit number one.

    --
    "I'm too busy to research this and form an educated opinion, but I do have time to tell everyone my uninformed opinion."
  22. Very interesting! by SuperKendall · · Score: 1

    If the ISP redirected its users to the document they requested but on Sci Hub rather than Elsevier, they probably wouldn't be violating Net Neutrality. They'd be serving their customers the resource they wanted, except they'd be redirecting the request to a less-problematic source. This is equivalent to a fair use of a proxy/CDN/cache.

    Exactly the kind of thing I was trying to feel out there!!

    The problem is they've taken it upon themselves to decide what their customers want, and that's a violation of Net Neutrality principles.

    Aha, but to go back to devils advocate again... they are just presenting a choice. You can go to the real thing you wanted or try this other source. So it's not quite like they are deciding anything, just adding another option at the cost of a layer of indirection.

    Honestly my main concern is actually, are they breaking any of the real site with the way they are providing an alternate route to reach it.

    I fully support Net Neutrality principles and don't approve of pay-to-view science, but this is the wrong way to get in the fight.

    I agree with that statement, I just cannot justify why and that annoys me.

    If they are forced to stand trial for violating the law, this gives them standing to challenge the law

    Interesting point, so retroactively this may be reasonable action depending on what they do with the stance.

    Thanks for a very thoughtful response.

    --
    "There is more worth loving than we have strength to love." - Brian Jay Stanley