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 8)
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on Jul 12, 2011

If it were ok to steal things because "they cost too much" and we could never afford them, we'd all be stealing huge warehouses to keep all our stolen goodies in.  Kind of makes me wonder how a person too poor to afford a song can afford the device to play it on, or maybe I've just answered my own question.

DrJBHL
I suppose that makes me a fossil in many eyes. So be it.

on Jul 12, 2011

DrJBHL
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.

Of course, we do apply our expectations and standards everyday, if somewhat indirectly, in the form of advertising and just good old cultural imperialism. But yes, that's another debate entirely.

DrJBHL
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.

It's not really there to change your mind. I just wanted to look at another motivation behind piracy in addition to pure greed. Life's rarely so simple, and crime less so.

DrJBHL
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.

Technically, legally, it's not even theft Though I only bring that up for a laugh and nostalgia's sake.

I don't think you're a societal relic just yet, but I do think your beliefs are entering the minority. And, for the conviction to argue those beliefs, you're certainly rare enough. For most people, though, it's simply becoming "normal." To me, that suggests something will change, drastically, one way or the other. Ideally, copyright laws will see a comprehensive overhaul, as they aren't working as they should, and something will be done to "win the hearts and minds" of casual pirates.

Millions of people, in North America alone, are pirating casually. While I don't deny the fact that they are criminals for doing so, I will argue that it certainly points out that copyright laws aren't up to the task of protecting copyright holders under the system. They simple weren't conceived to deal with a digital world, and no amount of band-aid amendments and additions will fix that. I don't pretend to know how, exactly, they need to change, but I do see that they do. I think lawmakers and society as a whole need to look at the idea of copyright (especially digital copyright) from a completely different angle, and start fresh.

Changing the cultural attitude to resemble something more like yours is absolutely essential. But I'm not sure any attempts to influence public opinion will "take" unless we address some of the issues with a set of laws that are increasingly out of date.

Or, we could just do the draconian thing--keep propping up failing legislature with greater policing, tougher penalties, and questionable ISP policies--because that seems to go well in all those movies I download

------------

Man, there's just too much to say on this topic, but I need to cut myself off here so I can actually make something of my morning.

on Jul 12, 2011

Well, as the law stands they are thieves. They will be caught... sooner or later. The penalties on the ISP level are far fron draconian... more like getting bitten by a 90 tear old who forgot his dentures.

Things might 'tighten up'. In any case, I still feel like taking something which is not mine (IP or Physical Property) is theft... and that is a crime. No movie is worth that.

on Jul 12, 2011

louist
And while piracy, no matter what the root cause, is illegal, it is also socially acceptable.

In YOUR social circle perhaps?

Says a lot for your moral stance if your social circle considers it acceptable.

There are also 'social circles' where 9/11 is lauded as a great success.

on Jul 12, 2011

Wow Jafo....

I have friends who pirate songs and movies, but they aren't bad people. I can't see them hijacking a plane and flying into a skyscraper...... 

on Jul 12, 2011

killajosh
Wow Jafo....

I have friends who pirate songs and movies, but they aren't bad people. I can't see them hijacking a plane and flying into a skyscraper......

I can almost always guarantee someone will fail to understand the meaning....either intentionally for the purpose of being argumentative or to demonstrate profound naivete.

To explain .... there are groups in ALL walks of life who believe what they do is acceptable TO THEM [and thus presume it is acceptable to all].

Does NOT make it right, or universally acceptable to/for others.

Whether it is due to pathetic upbringing [KKK followers]...indoctrination [Taliban] or social indifference [piracy] each is accepted within their own circle.... but not outside.

Please try not to be so obtuse ....it's actually NOT that abstruse.

on Jul 13, 2011

...as I was attempting to 'rip' my Nephew's music to MP3 [and I'd omitted to let the drive know I even had permission to do it].
forum thread by Jafo https://forums.stardock.com/400054

You are though permitted to do the following under Australian law:
1. Copy music off a CD as long as it's for personal use, you own the CD and you don't give the copy or the original to someone else.

 am I missing something here?

on Jul 13, 2011

myfist0

...as I was attempting to 'rip' my Nephew's music to MP3 [and I'd omitted to let the drive know I even had permission to do it].forum thread by Jafo https://forums.stardock.com/400054



You are though permitted to do the following under Australian law:
1. Copy music off a CD as long as it's for personal use, you own the CD and you don't give the copy or the original to someone else.

 am I missing something here?

myfist0....and your meaning is......?

 

...or are you just wanting to flame until you get burnt?

on Jul 13, 2011

killajosh
Wow Jafo....

I have friends who pirate songs and movies, but they aren't bad people. I can't see them hijacking a plane and flying into a skyscraper...... 

Neither did Madoff (fly a plane into a building).  So why did we arrest him and send him to jail?

on Jul 14, 2011

This is violate our constitution and our privacy! Im sorry this is just wrong.

 

 

on Jul 14, 2011

Bearussr
This is violate our constitution and our privacy! Im sorry this is just wrong.  

How can you talk about the Constitution when we have a president that disregards it at every opportunity?

on Jul 15, 2011

Dr Guy

Quoting Bearussr, reply 115This is violate our constitution and our privacy! Im sorry this is just wrong.  

How can you talk about the Constitution when we have a president that disregards it at every opportunity?

 

Yeah that is true...that is why I am so sad that this great nation is becoming such an shity nation just like the rest of the world.  It make me MAD and sad at the same time... 

on Jul 15, 2011

hey... c'mon fellas. Topic's ISP's. 

The Constitution has literally nothing to do with this, so let's leave that also. 

 

on Jul 15, 2011


Quoting louist,
reply 104
And while piracy, no matter what the root cause, is illegal, it is also socially acceptable.


In YOUR social circle perhaps?

Says a lot for your moral stance if your social circle considers it acceptable.

There are also 'social circles' where 9/11 is lauded as a great success.

 

Jafo: I read your following post, so I understand the point you're desperately trying to make.

 

But PLEASE (for your own good), never ever ever try comparing someone downloading a free movie to someone flying planes into national landmarks resulting in the immediate mass-murdering of thousands of human beings.  To make such an incoherant, loaded statement removes a great amount of credibility from anything you say afterwards.

on Jul 15, 2011

To explain .... there are groups in ALL walks of life who believe what they do is acceptable TO THEM [and thus presume it is acceptable to all].

Does NOT make it right, or universally acceptable to/for others.

While this has been applied to criminal activity, it can also be applied to the greed of powerful companies and the filthy steenkin' rich.  While they think it is acceptable to make something for a dollar and sell it for twenty to gouge every cent possible from the market, I and many others find that totally unacceptable.  It may be their intellectual property, but when there is no decency in pricing [legalised theft] there will be some who fight fire with fire and take it indecently... er, steal it. 

Again, it comes back to the society they [the upper echelon] created.... and the greater the gap between the haves and the have nots, the greater the propensity for [the lower end of] society to steal.  There will always be somebody who covets another's property and therefore steals it, but a greater responsibility in pricing would see a significant reduction in petty theft.  For example, it costs music companies nowhere near a dollar to produce a digital song for download, far from it, in fact, yet most sell a song for a dollar and upwards.  Their actual costs nowhere near justify the price charged, and many people know and resent this, hence the inclination of some to download music [movies, games and software] 'illegally'. 

For mine, ISP's should not be charged with the responsibility of policing the internet.  No, it is the insatiable greed of corporations that needs to be addressed, and the best way to get them to look into responsible pricing is for consumers enmasse to speak against corporate greed by closing their wallets.

 

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