ISPs Agree To Become Copyright Cops For RIAA And Co.
Industry trade groups like the RIAA and the MPAA have been beating on Congressional doors for years now in a fruitless attempt to restrict Internet access for rampant file-sharers. Thanks to a tangled web of possible political and legal ramifications, the government's been hesitant to drop the banhammer on everyday pirates. Sick of the foot-dragging, the content associations just went Dirty Harry. No, they didn't take the law into their own hands – they bypassed it completely by forging a deal with the largest ISPs, who will now take a "graduated response" against file-sharers at the copyright owners' command.
The new agreement isn't a three-strikes-and-you're-out arrangement, as was previously rumored. Instead, Verizon, Comcast, AT&T, Cablevision and Time Warner Cable will send users an alert "in response to a notice from a copyright holder" like the RIAA. If someone continues to download or upload copyrighted content, a "graduated response" takes effect: ISPs will redirect users to a splash page containing the warning or start sending pop-ups insinuating that their customers are dirty criminals. After five "alerts," the ISPs turn to "Mitigation measures," which are oh-so-nebulous "measures that the ISP may deem necessary to help resolve the matter."
The agreement cites a couple of examples of possible mitigation measures, such as reduced Internet speeds and users being stuck on a landing page until they call the ISP to talk about "educational information about copyright" and apparently pass some sort of quiz or something. Theoretically, "measures that the ISP may deem necessary" could involve the complete termination of services, although the agreement doesn't include that as a specific requirement.
Don't like the idea of having your Internet access subject to the whims of the RIAA? Feel you were wrongly accused to infringement? Tell it to the judge! Oh, wait, this agreement bypasses judges and courts because it "creates no new laws or formal legal procedures, nor does this system require account suspension or termination," so you can't tell it to the judge. If you think you were incorrectly accused of infringement, you can pay $35 to get an "independent review," whatever that means.
In addition to the RIAA and MPAA, PC World reports the "American Association of Independent Music, and the Independent Film and Television Alliance will participate in the agreement." We don't condone copyright infringement, but this doesn't seem like the right answer to the pirating problem.
Update: US Copyright Czar Victoria Espinel has published a post on the White House blog applauding the union. "We believe that this agreement is a positive step and consistent with our strategy of encouraging voluntary efforts to strengthen online intellectual property enforcement and with our broader Internet policy principles, emphasizing privacy, free speech, competition and due process," she wrote.
Comments
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QuikWgn
July 08, 2011 at 2:22pm
Newsgroups baby is where its at. No way to track IP's when the **AA baddies can't monitor the servers.
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bling581
July 08, 2011 at 9:53am
What bothers me the most about all of this is that most of the ISP's listed in this article have a monopoly or involved in a duopoly in many parts of the US. In the Green Bay, WI area all I have to choose from is Time Warner or AT&T. Nice huh? We're pretty much screwed and are at the mercy of the ISP's who can do whatever they want. It's either play their game, or get dial-up.
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Ghok
July 08, 2011 at 12:57pm
This is the big issue, of course. Do you have indy ISPs anywhere in the US?
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LatiosXT
July 08, 2011 at 8:23am
I read about this on ArsTechnica. Amazing what a bit of wording can do to change the reactions of people (because most of those commenters were actually okay with this). But according to them...
1. The "Mitigation Measures" are optional.
2. ISPs won't hand over IP addresses or anything else that would be a breach of privacy without a court order.
3. tl;dr version, ISPs are making empty threads because its in their best interest (At the moment) to keep subscribers, not be the RIAA/MPAA's bitch.
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maxeeemum
July 08, 2011 at 1:24am
A download cap and now this! Bye bye AT&T! Neither affect me at present but it's a matter of princple.
Write your congressmen and senators! There is an election coming in 2012!
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ShyLinuxGuy
July 07, 2011 at 10:56pm
The **AA is not in any way a governmental body. It is a *private* association. Just like PETA. They have effectively ZERO authority over you, me or any company or governmental body. Therefore the ISPs can legally tell them to f*ck off without reprimand. I don't pirate, but if the **AA can snoop for illegal downloads, who's not to say that they aren't looking for anything else, like your surfing and shopping habits, when and what you post to social networking sites, etc to turn around and sell. Think about it...
This is going to cause a lot of problems btw and will cause lawsuits against the ISPs that chose to succumb to the **AA on behalf of customers this will effect. We already know an IP address isn't the be-all-end-all, even judges have mentioned that. People can mistakenly be tagged as someone else, and don't forget the people with open routers or kids in the house who use BitTorrent...I say that the **AA needs to find different ways to protect their content. I do believe the content producers have the right to protect their intellectual property, but they are being TOO invasive and overreactive. It would be like Wal-Mart strip searching you every time you entered or left the store to make sure their merchandise isn't getting stolen. I by NO means agree with them though, I could care less if they dropped off the face of the earth, just for the record =P
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HKUSPC40
July 07, 2011 at 5:04pm
This is insane. I'm so pissed about this I forwarded the article to my state senator with a letter. There is a reason the cops aren't owned by corporations. Corporations aren't in it for the best interests of the people PERIOD. Copyright infringement is illegal but punishment should be determined by our government not by corporations.
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Jiffy
July 07, 2011 at 4:56pm
This is a big fascist nation, the corporations stroke the Government, the Government strokes the corporations, the corporations stroke each other, it's ridiculous really. Any administration who claimed they were "in control" while this shit is happening is delusional. In any decently run country, the RIAA and MPAA would have been out on their all-powerful ass a long time ago.
Can you guess who performs the independent review? Yup, the RIAA or MPAA who will only confirm matching records with the ISP, as the name states, it's only a review (as opposed to a formal investigation).
But this happens because the people let it happen. You continually pay your ISP to stroke the corporations that will only work against you. Drop these ISP's if you have them (and there will be more) and get an ISP that isn't sucking Mitch Bainwol's dick. This is a step forward to a completely desensitized and censored internet, which is a blatant disregard for your first amendment. It's the first one for Christ sake, you don't even have to read all of them.
That's my two cents. I hate to be that guy bitchin' over the internet.
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bling581
July 08, 2011 at 9:43am
"But this happens because the people let it happen. You continually pay your ISP to stroke the corporations that will only work against you."
Not much you can do when there are only two broadband IPS's in my area. The alternative is to go without internet or to get dial-up. To make matters worse, the two providers are Time Warner and AT&T, whom are both on that list.
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Jiffy
July 08, 2011 at 12:17pm
Then pack your bags and move jack. That or drop your connection and wait for compitition to arrive (which it will). No subscribers = No buisness, they will either change their buisness model (currupt) or compitition will arrive to push them out of that area.
This is only effective if a large number of people do it. People in Libya are giving their LIVES to defend what they believe in, and you can't drop your connection or move?
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bling581
July 12, 2011 at 10:36am
Completely unrealistic statement. Why would I quit my job and leave my family all for finding a different ISP? Your analogy is also terrible, think about it.
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Jiffy
July 13, 2011 at 4:29pm
I didn't say you had to, but you have no right to complain if you don't take some action. You can sit there and drone on and on about how badly it sucks, yet do nothing about it? Where the fuck is the logic in that? What are you going to do, go tweet your opinion to Rick Sanchez or Jack Cafferty? Oh no, the RIAA & MPAA ARE SHIVERING IN THEIR ASSLESS CHAPS.
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FahKingNut
July 07, 2011 at 3:13pm
I am a Comcast customer and recently received one of these type of notices. So, not only is the service that I am paying for limiting my monthly bandwidth to 250 GB, but now they are going to do their best to work against me and hand over any questionable information to the MPAA & RIAA? I need a new ISP.
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Marthian
July 07, 2011 at 5:27pm
I'm betting money that ISN'T spent on upgrading the internet service, eliminating "high bandwidth" issues.
ISP's are becoming really greedy bastards, and it just flat out sucks that there's only one in my region (and its either 10mbps/no cap or 50mbps/50gb cap... and I am pretty sure ours is lying to us about speeds.)
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Blaze589
July 07, 2011 at 1:26pm
Well, that's better than the three strikes and you're perpetually screwed policy. I figure these isps' wanted to do this so that they alone can regulate their network.
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TerribleToaster
July 07, 2011 at 1:07pm
From what I see, they are trying to force the government's hand in the matter.
I believe it will go something like this:
A.
1. Massive complaints to local government which then heads to congress
2. Congress proposes/passes new laws.
3. Some poor sap gets sued by RIAA and Co. or that poor sap get's hit with new law and sues the US government. (depending on whom the laws favor)
4. Cases moves up to Supreme Court.
5. Final ruling on the subject by Supreme Court.
Or it could go like this if Congress keeps dragging its feet:
B.
1. Someone, somewhere get's hit with these penalties.
2. They sue their ISP on some grounds (unfair business practices and such being most likely).
3. Cases moves up to Supreme Court.
4. Semi-final ruling on the subject by Supreme Court's interpretation of the Silence of Congress.
5. Possible new laws passed by Congress under pressure from RIAA and Co. or citizens with regards to Supreme Court ruling.
6. See A-3. to A-5.
Basically, RIAA and Co. are trying to force this issue to a close. It's all tactics and RIAA has just made their gambit.
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Blues22475
July 07, 2011 at 12:14pm
This isn't a good idea. I do recall reading one these articles before, and that one of the commenters posted an example of how the innocent will get accused for something they didn't do.
This is a bad idea, very bad. Unless they track usage via MAC Addresses, then this is gonna be a issue. Where's all the funding for this kind of thing gonna come from? Seriously, this is just another waste of tax payers money.
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Mighty BOB!
July 07, 2011 at 8:33pm
It's not a waste of taxpayer money because taxpayer money isn't going to be used. This is something that will be paid for by the RIAA/MPAA/whathaveyou. They hire some 3rd-party group to monitor bittorrent swarms for ip addresses, then they send messages to the ISPs. The government is not involved at any stage, which incidentally means no judiciary review of any sort. Guilty until proven innocent.
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chronium
July 07, 2011 at 11:53am
are there not privacy laws they are breaking since this is not a government pushed agreement?
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haboh
July 07, 2011 at 11:37am
So, now I expect an MPC how-to on blocking my ISP from spying on my traffic. Maybe there already is one? I need to check. I hardly ever torrent stuff, but still don't want them sniffing my packets (that sounds dirty no matter how many times I hear it..)
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Brad Chacos
July 07, 2011 at 11:57am
Hi Haboh,
The ISPs don't monitor traffic under this new agreement. The RIAA and co. monitor for infringing IP addresses on P2P networks and the like, then send ISPs a letter saying this IP addy being naughty. The ISP then handles the alerts and punishments from there.
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haboh
July 08, 2011 at 6:13am
awesome. Thanks for clearing that up. Also thanks to the other two guys for the suggestions.
The few things I "blatently steal" are usually import CDs that are $34 on amazon and no mp3, or BBC shows I can't buy etc (although amazon vod has gotten better with that lately). So I don't think there is much chance they'll track me down. Compared to torrenting Dark Knight 2 I mean.
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JohnP
July 07, 2011 at 12:10pm
They ALREADY do that... err, not that I would know, mind you. but I have received a couple of "This or that company, game developer, movie studio, or music distributors found that you were downloading this game, this piece of music, or that movie from your IP address and us, the ISP, will shut you down if this continues". All this will do is to formalize the RESPONSE of the ISP. Instead of just passing the letter along, these companies will start logging the number of letters received. If you have not been getting a lot of letters while torrenting, then I do not see how this would change anything. Try PEERBLOCK as a first line of defense (yes, it has holes large enough to drive through, but it has helped ME).
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bowei006
July 07, 2011 at 1:29pm
what you say is extremely right. If you download and have never gotten a letter, then it means this won't mean much. Try ipfilterx for utorrent. then utorrent with an elite proxy from proxy list. then through peerblock :D
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Markitzero
July 07, 2011 at 11:19am
I can fell on this there will be alot of people that will be falsely accoused if they open up a torrent that contains creative commons Music. For anybody that uses torrents or frostwire keep a copy of Tor"The Onion Router" ready and locked and loaded.
The Big Broadband Compaines put in Caps to prevent file sharers then they do this. The Caps alone are outragous with some companies like Comcast were you can barely do streaming of legal movies. The Big companies just think mainly about there pocketbook and money.
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Ghok
July 07, 2011 at 11:15am
Who exactly do you pay to investigate? The ISP? So you can be accused of infringment, but if they're wrong you have to pay them to clear it up? How backwards is that?
I actually like PARTS of this agreement, but plenty of questions remain, and of course the main problem is there is no oversight or proof required...
This is also why indie ISPs are important. I'd like to think my ISP would never agree to doing something like this.
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BuLLg0d
July 07, 2011 at 1:44pm
There are already law firms out there trolling on behalf of the larger companies. I (know a guy *cough* ) who got a letter from a firm in NY on behalf of HBO. Instead of Ambulance chaser law firms, think IP chasers... yes, there are firms out there like that. It was not HBO that contacted the ISP nor "their lawyers". It was a firm trolling for P2P abusers on HBO's behalf.
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