dslreports logo
spacer

spacer
 
    All Forums Hot Topics Gallery
spc

spacer




how-to block ads


view:
topics flat nest 
Comments on news posted 2013-03-04 10:48:48: Techdirt directs our attention to the fact that one of the companies behind tracking copyright violations for the new six strikes anti-piracy initiative has been falsely flagging video game mods as copyrighted content. ..

prev · 1 · 2


aciddrink

join:2000-08-26
reply to Camelot One

Re: Oh boy...

Exactly. It's an inherently flawed yet genius system. Throw around an extreme number of letters/notices, whether real or fake. Then sit back and enjoy the money that comes rolling in.

Chubbysumo

join:2009-12-01
Superior, WI
Reviews:
·Charter
reply to gatorkram
said by gatorkram:

Do they host the files themselves like a honeypot, and wait for people to connect, download and share, or do they just randomly look for files with particular names, and then join those swarms, and start collecting IPs, etc.

They hop on a torrent swarm, and then monitor what IP connect, and take a "snapshot" of the IP downloading something. A judge just ruled that their "evidence" is not even admissible in court, since it only shows the suspected criminal downloading a piece of the file(which is covered under creative use), and it does not reasonably identify the downloader, just the subscriber household.

Chubbysumo

join:2009-12-01
Superior, WI
Reviews:
·Charter
reply to skeechan

Re: What SHOULD happen...

said by skeechan:

If I go about telling someone that you are a child molester you certainly could sue me for the defamation.

and that does not remove the stigma that people heard it from someone, even if im not guilty, people will still associate me with it, thus, my life is ruined, and you just have to pay a small defamation lawsuit. I think this system will get sued into the ground, if not thru the ISP(I did not agree to this), but someone will sue the CCI and MarkMonitor for snooping and possibly ask for an injunction. If I was on an ISP that was participating, that would be the first thing I would do if I got one. Sure, I cannot sue my ISP, but I can sue the CCI and Markmonitor, since I never made contracts with them.


BonezX
Basement Dweller
Premium
join:2004-04-13
Canada
kudos:1
reply to gatorkram

Re: Oh boy...

said by gatorkram:

I have always had the feeling, these people have no clue what they are doing..

I asked a question a long time ago, in another post, about how these companies go about figuring out what you are doing, is even infringement.

Do they host the files themselves like a honeypot, and wait for people to connect, download and share, or do they just randomly look for files with particular names, and then join those swarms, and start collecting IPs, etc.

I wonder, how much you even have to share, before it becomes a violation, or how much of a download you have to complete.

So many questions, and so few real answers... I don't see any problems at all from this, oh and I have some water front property you might be interested in...

edit: spelling

the "companies" are working on behalf of the copyright holder, which would allow them to honeypot and mass pull IP addresses. i know it looks seriously dirty to do(considering that you don't get the entire FILE from them, only a part realistically).

and remember, they are acting on behalf of the RIAA/MPAA so they don't have to sign contracts with actual artists to pursue people.


skeechan
Ai Otsukaholic
Premium
join:2012-01-26
AA169|170
kudos:2
Reviews:
·Clear Wireless
·Cox HSI
·Verizon FiOS

1 edit
reply to Chubbysumo

Re: What SHOULD happen...

I'd take them to small claims for the $35 bucks plus some aggravation dough...make them send someone to avoid a default $10,000.00 judgement. Annoy the piss out of them while having the lawsuit splash across every nerd site on the Internetz. They love when an ISP gets sued.

Disrupt my service when I didn't do anything, and I'll spend the money necessary to give Cox a headache and I'll let everyone on the planet know about it. Local reporters are always on the lookout for a big guy vs little guy story.

And I have no arbitration agreement with the MAFIAA.


Probitas

@teksavvy.com

Roach Motel

Too bad you can't change providers if you get hit with challenge costs by mistake. As if you have to pay to prove your innocence. Hire a lawyer and sue for rights violations, and make THEM pay. Enough people get hit with those things for no reason and sue often enough, they'll drop it, the costs will be too high.

CXM_Splicer
Looking at the bigger picture
Premium
join:2011-08-11
NYC
kudos:2
reply to Camelot One

Re: Oh boy...

They don't use standard torrent programs specifically because they make blocks available as soon as they are complete. They use custom programs which monitor the trackers and don't share anything.

If Honeypoting were legal, they would be going after the downloaders like that... not the uploaders. They would in fact be the uploaders which is why it doesn't work. If a defense lawyer found out a copyright holder was allowing the material to be given away for free the whole case would be thrown out very quickly.

TechnoGeek

join:2013-01-07
reply to Heh213
Oh no penalty eh...

So what if I file a claim against them with their service provider? Or are business accounts exempt?

Either way, hmm....

TechnoGeek

join:2013-01-07
reply to gaforces

Re: 4 strikes?

Wait, if it's the mod developer's code, can't he technically sue them for infringing upon his distribution rights?

If they host it to catch people, he can hit them with a DMCA claim.

Chubbysumo

join:2009-12-01
Superior, WI
Reviews:
·Charter
reply to skeechan

Re: What SHOULD happen...

said by skeechan:

I'd take them to small claims for the $35 bucks plus some aggravation dough...make them send someone to avoid a default $10,000.00 judgement. Annoy the piss out of them while having the lawsuit splash across every nerd site on the Internetz. They love when an ISP gets sued.

Disrupt my service when I didn't do anything, and I'll spend the money necessary to give Cox a headache and I'll let everyone on the planet know about it. Local reporters are always on the lookout for a big guy vs little guy story.

And I have no arbitration agreement with the MAFIAA.

I think 10000 small claims court cases would be much more troublesome than a single class action suit.


skeechan
Ai Otsukaholic
Premium
join:2012-01-26
AA169|170
kudos:2
Reviews:
·Clear Wireless
·Cox HSI
·Verizon FiOS
Thing is getting 10000 innocent people and then get them to go to small claims when they have to get to work and do other stuff. That is what the MAFIAA counts on. Accuse everyone, extort from everyone and you get a certain percentage to get scared and pay them the extortion money.


Kai

@teksavvy.com
reply to aciddrink

Re: Oh boy...

I call that... A "Pyramid Lawsuit"!

1 uploader spreads to several, which spreads to more and more... And then they use it as a means to launch charges or lawsuits of the likes to funnel money to themselves.

dra6o0n

join:2011-08-15
Mississauga, ON
Reviews:
·ITalkBB
reply to RWSI

Re: Disconnect

Nope, how corporate sees it is simply numbers, not a symbol or movement.

When a corporation sees profits go down and sees people not going to the movies, instead of thinking "why people aren't going to the movies" they are going to be discussing "How would we gain the income we 'lost'? Maybe scam or charge them for downloading movies?"...

dra6o0n

join:2011-08-15
Mississauga, ON
Reviews:
·ITalkBB
reply to EmoHobo

Re: Bleeding us dry.

Ya think?

At this point the country won't have much of a chance to change for the better, there are too many 'factors' preventing that from happening.

First - The banks.
This factors in a lot on how these 'bankers' and their group of people operate their money laundering schemes.

Second - The government.
This factor is reliant on the loans they take, and the bribes they gain, and the excuses they make.

Third - The corporations.
This factors in the most, but only because of the first two factors above has power. When greed takes hold of someone with power, greed takes hold of groups who interacts with someone who has power.

Simply revolting won't change the world, nay. This is something extremely complex that won't see change, in fact the only result in the end is the extinction of the country, either from a apocalyptic disaster or something in that level of destruction.

Rome ceased to be the greatest nation after it expanded and grew too big, and broke itself apart.

Why do people, like Americans, have to be prideful of their country? Because they've got nothing much else to take pride in. This factors them being unable to give up the illusions they live in.

Granted, no humans want to see reality as reality... The vision we see in the world is how we want to see it, because that's just natural to us.


mikedz4

join:2003-04-14
Weirton, WV
reply to Woody79_00

Re: OTA violations

sad thing is the supreme court ruled vcrs are legal. Whether or not they will classify dvrs as vcrs or the media will challange dvrs next is another question. Also what will happen when people start storing shows "in the cloud"?

JTR

join:2012-05-19
Carbondale, IL
reply to mazhurg

Re: Surprize!

If you are innocent, the $35 is refunded to you. I don't even think the fee goes to the ISP in the first place.


plencnerb
Premium
join:2000-09-25
Carpentersville, IL
kudos:3
reply to serge87

Re: Its a large download...must be pirated content!

Along those lines, how do they verify that what is being downloaded is actually the real thing.

For example, what if I created 300 txt files of popular music songs, had them named artist - song title . mp3, and made them about the right size.

But, in reality, they would not be what the file says they are. As I said, I would start with a text file, make it the right size, and rename it to .mp3.

If I was to do that, and host them, and people started to download them, would I get "flagged" as hosting "copyrighted material", when the files themselves was bogus?

--Brian
--
============================
--Brian Plencner

E-Mail: CoasterBrian72Cancer@gmail.com
Note: Kill Cancer to Reply via e-mail

megarock

join:2001-06-28
Catawissa, MO

Gee...

Looks like it's class action lawsuit time. Anyone who gets a false claim against them should contact attorney firms. They'll sue anyone.

Kamus

join:2011-01-27
El Paso, TX

Where are the douchebags (and/or trolls) now?

Just a couple of days ago the douche-bags were calming that this would NEVER, EVER, EVER, EVER happen. (false positive)

Not only were they wrong, but it took no time at all for them to be wrong.

Kearnstd
Space Elf
Premium
join:2002-01-22
Mullica Hill, NJ
kudos:1
reply to plencnerb

Re: Its a large download...must be pirated content!

said by plencnerb:

Along those lines, how do they verify that what is being downloaded is actually the real thing.

For example, what if I created 300 txt files of popular music songs, had them named artist - song title . mp3, and made them about the right size.

But, in reality, they would not be what the file says they are. As I said, I would start with a text file, make it the right size, and rename it to .mp3.

If I was to do that, and host them, and people started to download them, would I get "flagged" as hosting "copyrighted material", when the files themselves was bogus?

--Brian

Possibly yes. if the hash happened to be close enough to the database I bet the automatic system would fire off a DMCA notice to your ISP.

the DMCA has zero human oversight. Which is why false positives happen. NASA had part of a news conference on Livestream cut off once. They showed video of the curiosity landing and that triggered an automatic copyright system(because some news source also had that same video.)
--
[65 Arcanist]Filan(High Elf) Zone: Broadband Reports


Hope Dreyer

@verizon.net
reply to Camelot One

Re: Oh boy...

Actually you get the $35 back, if they find you not guilty... Another reason for them to not find you not guilty.


Hope Dreier

@verizon.net
reply to plencnerb

Re: Its a large download...must be pirated content!

Simply, yes.
Expand your moderator at work


Camelot One
Premium,MVM
join:2001-11-21
Greenwood, IN
kudos:2
reply to Hope Dreyer

Re: Oh boy...

said by Hope Dreyer :

Actually you get the $35 back, if they find you not guilty...

Please name your source, I have not been able to find anything stating that.

Kearnstd
Space Elf
Premium
join:2002-01-22
Mullica Hill, NJ
kudos:1

Something funny about copyright violations

Hollywood partly exists because film makers wanted to avoid paying licensing fees for the patents that Edison had on the process of making motion pictures.

It is kind of funny they cry about downloaders not paying, yet their industry is rooted in people not wanting to pay a license fee.
--
[65 Arcanist]Filan(High Elf) Zone: Broadband Reports


KrK
Heavy Artillery For The Little Guy
Premium
join:2000-01-17
Tulsa, OK
reply to JTR

Re: Surprize!

Yes, because you should always have to answer false allegations by proving yourself innocent to the anonymous accuser, on your own time and dime.

That is written right into the U.S. Constitution, isn't it?
--
"Fascism should more properly be called corporatism because it is the merger of state and corporate power." -- Benito Mussolini


noc007

join:2002-06-18
Cumming, GA
Reviews:
·Comcast
reply to Kearnstd

Re: Its a large download...must be pirated content!

I remember a story where an original video was uploaded to YouTube. That video was later played by NBC Nightly News IIRC for some segment. A DMCA takedown was done on the original video and they never got permission to air the video anyways.

Seriously, it's out of control.


Hope Dreier

@verizon.net
reply to Camelot One

Re: Oh boy...

"Finally, Lesser explained to Ars that consumers will have to pay $35 to the CAS to initiate a review procedure, which will be refunded if the consumer wins the review."

In »arstechnica.com/tech-policy/2012 ··· cost-35/

As I said the fact that they, like the Spanish Inquisition, get to keep your money if they find you guilty indicates to me that they are unlikely to be finding to many people innocent.