Ramblings of an old Doc
Published on July 9, 2011 By DrJBHL In Personal Computing

 

John Lister has reported that

“some of America's leading ISPs have reached an agreement with movie and music companies to punish customers who breach copyright laws. But while the sanctions are lighter than rights owners would like, the move could still spark a legal debate.The deal involves AT&T, Comcast, Time Warner and Verizon, along with industry bodies for Hollywood studios, record labels and TV producers. It's being organized under the newly-formed Center for Copyright Information.” – infoPackets

This is an industry program and isn't governed by legal regulations, and arstechnica.com reported that White House officials were instrumental in pressuring the ISP’s to take this action.

So what are we talking about? Many ISPs already provide warnings to users if suspect behavior is detected, but the Copyright Alert System is intended to provide a standardized approach that all ISPs will use. In 2008 the Recording Industry Association of America (RIAA) abandoned its practice of suing individuals for online piracy in favor of working with Internet service providers to track down offenders. Since then, ISPs have issued warnings on their own terms, but this agreement creates one system that major ISPs will follow.

“Under the new system, alleged offenders will get up to six warnings when they are suspected of downloading or sharing copyrighted material without permission. After that the ISP will take action, such as slowing access speeds or blocking Internet access until the customer contacts them to discuss the issue. It's being stressed that ISPs won't permanently disconnect customers as part of the scheme. Those behind the system argue that it will act as a warning mechanism to casual offenders, and that it will make parents aware when children are downloading illegally.” – ibid

The US plan appears loosely based on a system in France by which customers get two warnings and, after a third alleged offense, are disconnected. The RIAA and MPAA aren’t really pleased with the ISP’s solution, so there’ll probably be some pressure to “toughen” punishments. Also, it should be noted that the Digital Millennium Copyright Act (DMCA) already requires ISPs to have a termination policy in effect if they want to take advantage of the law's "safe harbor" clauses. That way, if a copyright holder sues you for illegal downloading, the ISP can say it took measures to stop the activity and cannot be held liable for your activity.

The system allows you to request an independent review before any of those mitigation measures are put into place, but it will cost you $35.

Should you win one of these challenges, you get your $35 back and the "alert" is taken off your account, though no other alerts are. Your next alert will therefore begin the "mitigation" process once more.

These alerts do eventually expire; any subscriber who makes it 12 months without receiving a notice has their slate wiped clean  (arstechnica)

 

Appeal categories:

(i) Misidentification of Account - that the ISP account has been incorrectly identified as one through which acts of alleged copyright infringement have occurred.

(ii) Unauthorized Use of Account - that the alleged activity was the result of the unauthorized use of the Subscriber’s account of which the Subscriber was unaware and that the Subscriber could not reasonably have prevented.

(iii) Authorization - that the use of the work made by the Subscriber was authorized by its Copyright Owner.

(iv) Fair Use - that the Subscriber’s reproducing the copyrighted work(s) and distributing it/them over a P2P network is defensible as a fair use.

(vi) Misidentification of File - that the file in question does not consist primarily of the alleged copyrighted work at issue.

(vii) Work Published Before 1923 - that the alleged copyrighted work was published prior to 1923.

There are rules for each category, they can be viewed here: 

http://arstechnica.com/tech-policy/news/2011/07/the-six-ways-you-can-appeal-the-new-copyright-alerts.ars

Also, the ISP’s aren’t looking at what you download. Apparently, P2P transfers of large files or pirated files carry the senders “address”. The company whose film or music is notified and they send an email to the ISP and the ISP warns you. You are not identified by name. That probably could be subpoenaed  and the ISP would have to give your name.

A more detailed list of companies companies and groups supporting this measure includes: Motion Picture Association of American and MPAA members like Walt Disney Studios Motion Pictures, Paramount Pictures, Sony Pictures Entertainment, Twentieth Century Fox Film Corporation, Universal Studios, and Warner Brothers Entertainment; Independent Film & Television Alliance; Recording Industry Association of America and RIAA members like Universal Music Group Recordings, Warner Music Group, Sony Music North America, and EMI Music North America; American Association of Independent Music; and the ISPs mentioned above (per PC Magazine).

 


Comments (Page 7)
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on Jul 11, 2011

on Jul 11, 2011

Now if they could just tackle the minor issues of famine and health...child abuse and terrorism.

How about even Genocide?

on Jul 11, 2011

Dr Guy
How about even Genocide?

Nope, sorry, mate....we're busy making sure every human being has a right to access pornography as and when he deems fit.

Dang it, man....it's all about priorities.....

on Jul 11, 2011

Most folks need to keep busy so that's why there are organizations like the UN, otherwise they will just run amuck.  Unfortunately if we don't pay attention they run amuck anyway. 

on Jul 11, 2011

AdolfBinStalin

The United Nations (currently 192 member states), is also moving slowly towards internet access declared a universal human right.

Jafo

Oh, jolly good of them, too.

That will cure the world's ills in one fell swoop.

Now if they could just tackle the minor issues of famine and health...child abuse and terrorism...

Already declared mate.

 

Article 3.

  • Everyone has the right to life, liberty and security of person.

 

Article 25.

  • (1) Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.
  • (2) Motherhood and childhood are entitled to special care and assistance. All children, whether born in or out of wedlock, shall enjoy the same social protection.

 

on Jul 11, 2011

This is rather OT, isn't it? ISP's being pressured to act as police was the OT.

on Jul 11, 2011

DrJBHL
Piracy isn't caused by economic inequity. Piracy is caused by greed. Yes, greed.

Piracy (bootlegging) is the norm in the Philippines, where the vast majority of people are playing burned copies of games, watching bootleg movies, etc, etc. With an average salary of $300, it's not really feasible for people to pay for a AAA titles. Claiming piracy isn't caused by economic inequality is, at best, wrong.

I'm not saying greed doesn't cause its own share of piracy. (Or laziness, either.) But we have some very clear real-world examples that suggest greed isn't the sole push behind piracy, and suggesting it is doesn't help the argument.

on Jul 11, 2011

louist - People all over the world have different incomes and standards of living. People desire things, even things they can't afford.

That doesn't make them bad people... at least not to me. Perhaps differential pricing should be considered. Not my place to say.

However, using the excuse "I couldn't buy it, therefore I use Pirated software" just doesn't cut it.

The desire to own what you can't afford isn't evil. Stealing it and profiting by its theft is a criminal act, and it's motivated by greed for money.

You aren't talking about food, water, shelter or medical care. You're talking about movies and games. C'mon.

on Jul 11, 2011

DrJBHL
Copyright protection only goes so far. It won't eliminate "the market".

If losing net privileges means nothing to the thief, then neither will these measures. However, I'm betting they will.

Actually, I'm loving the 'brick and mortar' store example more and more. I believe the merchants deserve the protection and the thieves need hounding off the net or reforming their ways.

I believe that if people decided they wouldn't deal in illegal drugs and wouldn't buy them, the market would dry up and disappear. I don't believe it'll happen, but it's a wonderful thing to think of.

Innovation and improvement comes through successful economies. Thieves are an economy's enemy.

Any way you look at it, it's a win. The thieves lose their privileges and not go to jail (where we'd have to support them). I love it!

You continue to miss the point: you're granting uneccessary power. There is no study showing piracy will destroy the market. None. The only thing this does is allow ISPs to arbitrarily determine what content is protected (again, I'd like to wonder about my Pogoplug) and allow for already abusive corporations to enforce their copyrights incorrectly by evading the courts.

Your illegal drug argument doen't fly. Nor do I really understand its purpose in this discussion. The War Against Drugs could be solved in nearly one night by just legalizing drugs (but again, this is a discussion on another subject altogether).

By brick and mortar do you mean walling up the internet and tracking who goes in, what they do? I... don't know what to say to such an idea, other than its completely, utterly ridiculous.

on Jul 11, 2011

illmunkeys:

1. "Brick and mortar" stores: the kind you walk into physically and buy something and walk out with it. A physical establishment as opposed to an online 'virtual' one. Got it now?

2. You persist in thinking I don't understand you. I do. You and I are simply diametrically opposed on some issues. But that's ok, as long as it's done respectfully. What I personally believe is in #85. 

on Jul 11, 2011

AdolfBinStalin
In France and Greece, individuals....

Oh really? France instituted the 3 strike rule. Then you're disconnected from the net.

The US plan appears loosely based on a system in France by which customers get two warnings and, after a third alleged offense, are disconnected.

on Jul 11, 2011

France’s Three-Strikes Law for Internet Piracy Hasn’t Brought Any Penalties

"Meanwhile, piracy persists. According to at least one study, by the University of Rennes, unauthorized sharing of content on the Internet has actually increased in France since the legislation was passed."
http://www.nytimes.com/2010/07/19/technology/internet/19iht-CACHE.html

 

France Suspends Internet Piracy Monitoring after Hack Leaks Private ISP Data  

on Jul 11, 2011

DrJBHL
illmunkeys:

1. "Brick and mortar" stores: the kind you walk into physically and buy something and walk out with it. A physical establishment as opposed to an online 'virtual' one. Got it now?

2. You persist in thinking I don't understand you. I do. You and I are simply diametrically opposed on some issues. But that's ok, as long as it's done respectfully. What I personally believe is in #85. 

I don't know if you follow Techdirt. You really should. The man writes really, really well on legal tech issues, including this one (in fact, this is a huge conversation point for him).

on Jul 12, 2011

DrJBHL
You aren't talking about food, water, shelter or medical care. You're talking about movies and games. C'mon.

True, I'm not talking about water, shelter, or medicine. But the bare minimum required to actually exist falls well short of what we consider to be minimum standard of living--the definition of which continues to change and expand, as exemplified in the growing trend towards guaranteed internet access. It's certainly not insane to imagine it might one day include such apparent trivialities as affordable entertainment.

As our world becomes increasingly digital, we're seeing the way we value digital media change. symptom of this is obviously piracy. And while piracy, no matter what the root cause, is illegal, it is also socially acceptable. A huge portion of society engages in the act, and even more are involved as third parties. We can see the... lack of social taboo most clearly in poorer communities, where the lack of realistic alternative makes piracy, rather than retail, the social norm. But that lack of taboo exists at everywhere and at every tax bracket. It's grandmothers, grandchildren, sons, daughters, mothers, fathers, sisters, and brothers. It's evident in every station, vocation, and nation. (A bit over the top, but still true--and damn it, I enjoyed it!)

It's clearly a law that a large and growing number of everyday people no longer subscribe to. That does indeed make them criminals, but it doesn't necessarily make them inherently wrong.

I'm going to backtrack a little and come at this from another angle, and, because I can't quite seem to type something that I'm happy with, I'm going to copy and paste something I wrote on these forums a year ago. It doesn't fit into this discussion perfectly, but it's close enough. Slightly edited.

 

Louist
Laws are not inherently right or ethical. And neither is a society's definition of morals concrete. I hardly have to give an example of an unethical law, or a law that is no longer ethical. As a society's ethical standard evolve, usually a society's laws follow suit. Sometimes laws are too slow to change, and sometimes they are ignored and forgotten entirely. (For example, it is illegal here in British Columbia to serve a pint of beer, due to conflicting legal definitions of the term. Needless to say, this is a law that most are ignorant of, and the rest ignore.)

[Laws are] drafted by people, individuals, each with their own ideals, passions, beliefs and faults. Individuals who are capable of making mistakes or even of willfully doing harm for their own gain. Of course, the democratic system used by our host countries does not place all that responsibility within the hands of individuals. But a sub-committee, or a committee, or even a house of legislature is still merely the sum of its parts, and if an individual can make a mistake, than it follows that a group of them can also make a mistake.

Erm... that above paragraph doesn't really please me, so let me put it more plainly: If people are not always perfect, it stands to reason that neither are laws.

Thus we're changing laws, reworking them, adding and subtracting from them over time until we have a set that works. And as time goes by we sometimes discover that a law that worked yesterday doesn't work today, and we either begin the process over again, or we scrap the law entirely. And sometimes a new facet of society creates the need for additional laws. We've been doing it for thousands of years, and, I pray, we will continue doing it. We must always question whether our laws are still relevant. If we blindly accept the laws as they exist, we impede legal progress. I think we owe it to ourselves and each other to do better than that.

[...] A rather substantial part of society engages in piracy. It is illegal, though it certainly doesn't seem to carry the same social stigma as, say, shoplifting, or vandalism, or even smoking pot, which is, for all intents and purposes, essentially decriminalized here. (Legally, it isn't, but largely it is politely ignored.) And if you look the headlines about legal action being taken against pirates you will see a bigger demographic than just "collage-aged young people." Pirates clearly come from all walks of life. This suggests to me that societal ethics may be shifting, or are about to. And as laws evolve to suit ethics, we may very well see the laws that surround this debate change. In fact, I'm certain they will.

[...]

If most people are opposed to the law as it stands, it wont be law very long. I realize that pirates don't form a majority, but they are not insignificant in number, and their ranks aren't exactly shrinking.

 

on Jul 12, 2011

myfist0
France’s Three-Strikes Law for Internet Piracy Hasn’t Brought Any Penalties
"Meanwhile, piracy persists. According to at least one study, by the University of Rennes, unauthorized sharing of content on the Internet has actually increased in France since the legislation was passed."
http://www.nytimes.com/2010/07/19/technology/internet/19iht-CACHE.html

 

France Suspends Internet Piracy Monitoring after Hack Leaks Private ISP Data  

Tells me the criminals were feeling the pinch and decided to increase blackhat attacks - a form or blackmail (for the other ISP's): "To encourage the others".

As for the French Universities, it seems to have had the opposite effect here, possibly because the Universties are policing themselves. That goes back to the point of responsible conduct... if people can't behave, then they require supervision - as disgusting as that is.

illmunkeys
I don't know if you follow Techdirt. You really should. The man writes really, really well on legal tech issues, including this one (in fact, this is a huge conversation point for him).

Thanks for the tip, illmunkeys. I'll be glad to take a look.

louist
True, I'm not talking about water, shelter, or medicine. But the bare minimum required to actually exist falls well short of what we consider to be minimum standard of living--the definition of which continues to change and expand, as exemplified in the growing trend towards guaranteed internet access. It's certainly not insane to imagine it might one day include such apparent trivialities as affordable entertainment.

I think that applying our standards to others and/or causing them to take ours is in violation of the Prime Directive. Humor aside, I think it's dreadful that they receive so little for hard work. It causes populations to defect, causes poor health and living conditions and misery. And our economy drives it. Sickens me, actually. But that's beside the point.

Whether they agree with the law or disagree, it is the law, and disrespecting it won't improve their conditions. "I'm poor, so I can do what I wish to live 'the good life'". is an argument which does not sway me, as it is illogical. Human, but illogical and irrational.

As for laws evolving and changing - that's a given. The definitions of theft still put electronic theft (and that's what it is) beyond the pale. That's as it should be.

No amount of argument will ever convince me that it's ok to take what belongs to someone else without paying for it to the owner (not the thief), and passing it on freely or charging for it.

Down deep, no matter how rationalized, theft is theft, and it hurts the victim and the thief as well as the economies involved. I suppose that makes me a fossil in many eyes. So be it.

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