  Splitpair Premium join:2000-07-29 Cow Towne
·T-Mobile US
| reply to bmn Re: [Services] AT&T to block pirated content
said by bmn :Because anything ATT can do is largely going to be feel good stuff that looks good for the content providers, but in the end really does nothing. If it looks good to the providers it has done its job hasnt it now?
And in the process, ATT opens its self up to liability concerns. Not when you work in cooperation with those who other wise would be suing you.
How much you want to bet that the content providers are going to just GIVE ATT a better rate, there are going to be strings attached to it? Yes and those strings will be pulled when other legal users of that content renew their contracts with the providers. This will have a double affect as those providers who fail to do as at&t has will pay one way or the other. They will pay either more per sub for the content or more in court for their legal department or both.
Ideally - you fail to stop our content from being pirated, we see you in court. Hence IMO the reason why at&t is doing what they are.
Wayne -- If you cannot fix it with a buttset and some beanies you ain't a technician. |
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 FAQFixer Premium join:2004-06-28 Powder Springs, GA
| reply to bmn said by bmn :said by FAQFixer :Where does your experience come from? Network / Systems administrator... You know, those people who actually have the technical knowledge and operate servers and network equipment... In other words, not coat and pressed shirt guy whose out of touch with the technical side. Now that's funny. |
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 bmn ? ? ? Premium,ExMod 2003-06 join:2001-03-15 hiatus
| reply to Splitpair said by Splitpair : Ideally - you fail to stop our content from being pirated, we see you in court. Hence IMO the reason why at&t is doing what they are. Wayne Actually, ATT is protected from any liability. The problem is that by actively taking on piracy, they become liable in the event that they fail to prevent it.
Someone else reminded me of the term I was looking for in the thread... Check out the safe harbor provision of the DMCA. They risk running afoul of that.
Specifically:
said by »www.chillingeffects.org/dmca512/···i#QID125 :Question: What are the criteria a service provider must satisfy in order to qualify for safe harbor protection under Subsection 512(a) of the Digital Millennium Copyright Act? Answer: Subsection 512(a) provides a safe harbor for service providers in regard to communications that do not reside on the service providers system or network, but merely pass through the system or network. Any copies of the communications on the system must be temporary, i.e., intermediate or transient. A service provider must satisfy the following critical elements in order to qualify for the safe harbor or protection from liability provided by subsection 512(a) (note that subsection 512(k)(1)(A) defines service provider as used in subsection 512(a)): (a) The service provider is an entity offering the transmission, routing, or providing of connections for digital online communications [512(k)(1)(A)]; (b) The service provider did not initiated the transmission of the material [512(a)(1)] (b) The transmission, routing, provision of connections, or storage is carried out by an automatic technical process [512(a)(2)]; (c) The Internet user, not the service provider, must select the origination and destination points of the communication [512(a)(3) and 512(k)(1)(A)]; (e) The service provider must not modify the communication selected by the Internet user [512(a)(5)];(f) The communication is transmitted through the system or network of the service provider [512(a)(2)]; (f) No copy of the communication is maintained on the system or network in a manner ordinarily accessible to anyone other than anticipated recipients [512(a)(4)]; and (g) No copy is maintained on the system or network in a manner ordinarily accessible to anticipated recipients for a longer period than is reasonably necessary for the transmission, routing, and provision of connections [512(a)(4)]. Note the bolded line.
If the provider modifies any of the data on its network related to piracy, at all, it looses liability protection from the piracy that occurs on its network. -- Prove it... Save the Internet Time (NTP) service, use the pool. |
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 bmn ? ? ? Premium,ExMod 2003-06 join:2001-03-15 hiatus
| reply to FAQFixer said by FAQFixer :said by bmn :said by FAQFixer :Where does your experience come from? Network / Systems administrator... You know, those people who actually have the technical knowledge and operate servers and network equipment... In other words, not coat and pressed shirt guy whose out of touch with the technical side. Now that's funny. You telling me some guy, in his three piece suit with a business degree has more of a clue than a system admin in the ISP hierarchy ? Which ISP have you worked for where the management was more technically savvy that the experts? I've rarely, and I mean rarely, met anyone in upper management that had a clue about the day to day operations of technical anything in all the organizations I've worked for... Most other admins will agree. -- Prove it... Save the Internet Time (NTP) service, use the pool. |
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 Zoder
join:2002-04-16 Miami, FL
| reply to Splitpair said by Splitpair :Not when you work in cooperation with those who other wise would be suing you. Except that AT&T can not possible make a deal with every owner of copyrighted work in the world. So they have the big media companies covered. Any small owner of copyrighted work can now sue them and they could be facing thousands of lawsuits of this type.
They will pay either more per sub for the content or more in court for their legal department or both. They might pay more in fees per sub although that is open to debate, but unless the media companies can get Congress to change the law, Cable and other phone companies don't have to worry about lawsuits.
Hence IMO the reason why at&t is doing what they are. Except that they currently can't be sued because of Safe Harbor. The only reason I can think of for this plan is that the Sr. Executives think working with the major content companies will be more profitable. |
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 FAQFixer Premium join:2004-06-28 Powder Springs, GA
| reply to bmn said by bmn :You telling me some guy, in his three piece suit with a business degree has more of a clue than a system admin in the ISP hierarchy ? Which ISP have you worked for where the management was more technically savvy that the experts? That's why it's so funny...I'm no suit nor do I have a business degree. Guys in three piece suits rely heavily on technical experts to help write those legal documents.
said by bmn :I've rarely, and I mean rarely, met anyone in upper management that had a clue about the day to day operations of technical anything in all the organizations... You've never met me. |
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 bmn ? ? ? Premium,ExMod 2003-06 join:2001-03-15 hiatus
| said by FAQFixer :said by bmn :You telling me some guy, in his three piece suit with a business degree has more of a clue than a system admin in the ISP hierarchy ? Which ISP have you worked for where the management was more technically savvy that the experts? That's why it's so funny...I'm no suit nor do I have a business degree. Guys in three piece suits rely heavily on technical experts to help write those legal documents. And you think I was talking about you directly ? Sorry if you received that impression...
However, to some extent, it appears that they don't pay attention... They may consult with them, but often times it appears they do whatever they want anyway. For example, strict prohibitions on servers - more of an attempt to force people to business services than anything else. The average user isn't going to setup a server and those that do, typically know what they are doing.
said by bmn :I've rarely, and I mean rarely, met anyone in upper management that had a clue about the day to day operations of technical anything in all the organizations... You've never met me. You just said you weren't a suit... Upper management = guys in suits and three letter titles (al la CEO, CIO, etc.) or more traditional titles (al la President, VP, etc), ergo you don't fall under that umbrella, now do you. -- Prove it... Save the Internet Time (NTP) service, use the pool. |
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 RJ44
join:2001-10-19 Nashville, TN
| reply to bmn said by bmn :said by RJ44 :That's interesting, I must have missed the memo defining the "ISP Rules" and limiting them to moving your bits and nothing else. Never was a memo, but it is clear that even if such a memo existed, you would not be a position to receive one. In other words, and here's the point I was making, the only place some "rule" to limit ISPs to moving bits and only moving bits exists, is in your head. That may be how it's been in the past, that may be how it *should* be, but there's nothing written in stone anywhere requiring it. |
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 bmn ? ? ? Premium,ExMod 2003-06 join:2001-03-15 hiatus
| said by RJ44 :said by bmn :said by RJ44 :That's interesting, I must have missed the memo defining the "ISP Rules" and limiting them to moving your bits and nothing else. Never was a memo, but it is clear that even if such a memo existed, you would not be a position to receive one. In other words, and here's the point I was making, the only place some "rule" to limit ISPs to moving bits and only moving bits exists, is in your head. That may be how it's been in the past, that may be how it *should* be, but there's nothing written in stone anywhere requiring it. It is actually the way a majority segment of the IT industry thinks too. Its been an unwritten and generally agreed upon expectation that ISPs will just move the bits because the consensus amongst the technical community is that is the proper role of ISPs. Those that disagree with this stance have yet to produce a technically sound reason why this should change.
This is different from them providing content filter that block content you don't want to see, say porn and such; that's fine because it is an opt-in agreement, but this is nothing like that. This is a unilateral decision to block traffic outright that does not pose a direct security risk to anyone. Not really a good idea...
Not to mention all of the other reasons that it is a bad idea - loss of safe harbor protections, what is/isn't pirated/illegal material, enforcement policies, false positives, etc. - that are being mentioned. -- Prove it... Save the Internet Time (NTP) service, use the pool. |
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  Splitpair Premium join:2000-07-29 Cow Towne
·T-Mobile US
| said by bmn :It is actually the way a majority segment of the IT industry thinks too. Its been an unwritten and generally agreed upon expectation that ISPs will just move the bits because the consensus amongst the technical community is that is the proper role of ISPs. A majority of them are also quite incorrect though that is not uncommon. If one wants bits moved from a to z untouched they need to hire and pay for a common carrier to transport those bits.
Wayne -- If you cannot fix it with a buttset and some beanies you ain't a technician. |
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 bmn ? ? ? Premium,ExMod 2003-06 join:2001-03-15 hiatus
| said by Splitpair :said by bmn :It is actually the way a majority segment of the IT industry thinks too. Its been an unwritten and generally agreed upon expectation that ISPs will just move the bits because the consensus amongst the technical community is that is the proper role of ISPs. A majority of them are also quite incorrect though that is not uncommon. If one wants bits moved from a to z untouched they need to hire and pay for a common carrier to transport those bits. Then what, I'll ask, is the proper role of an ISP in your opinion ? If the goal is to get to the internet, an ISP is required. -- Prove it... Save the Internet Time (NTP) service, use the pool. |
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 FAQFixer Premium join:2004-06-28 Powder Springs, GA
| reply to bmn said by bmn :It is actually the way a majority segment of the IT industry thinks too. Its been an unwritten and generally agreed upon expectation that ISPs will just move the bits because the consensus amongst the technical community is that is the proper role of ISPs. Bovine Scatology. Where do you get such nonsense. No one in the Internet Service Provider Industry thinks that way. I am active in some of the largest ISP associations in the world and no one I know has ever expounded your views. Maybe you have been listening to the EFF for too long. The reality is that the IT industry does not run the internet. For profit businesses operate Internet Services. This isn't some pie in the sky Utopian experiment with no basis in reality. Your views are about as smart as everyone living in communes, smoking dope, growing their own food, and making their clothes out of hemp. Hippy ideals proven to be idiotic.
said by bmn :Then what, I'll ask, is the proper role of an ISP in your opinion ? If the goal is to get to the internet, an ISP is required. Ever notice that no one has ever referred to these businesses as "Internet Access Providers". It always called Internet Service Provider".
I'm done. Come back when you have real experience. |
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  jazzman916 Life on the Upbeat Premium,Mod join:2001-09-01 Birdland clubs: | reply to DSL Lab Rat Looks like it is time for everyone to take a deep breath. |
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 bmn ? ? ? Premium,ExMod 2003-06 join:2001-03-15 hiatus
| reply to FAQFixer said by FAQFixer :said by bmn :It is actually the way a majority segment of the IT industry thinks too. Its been an unwritten and generally agreed upon expectation that ISPs will just move the bits because the consensus amongst the technical community is that is the proper role of ISPs. Bovine Scatology. Where do you get such nonsense. No one in the Internet Service Provider Industry thinks that way. I am active in some of the largest ISP associations in the world and no one I know has ever expounded your views. Maybe you have been listening to the EFF for too long. ISP associations... Those definitely aren't unbiased sources of information... That's like getting your information for telco policy from the CWA or a telco trade group... Not only are they going to spin it, but they are going to make the people who don't agree with their spin look bad.
I'm sorry, but that doesn't work. They are going to change their line to whatever makes them the most money. They gave up on the "do the right thing" ethic a long time ago.
And sorry, but "just move my bits" idea isn't an EFF thing, its something the customers are demanding. Perhaps you should listen to them.
The reality is that the IT industry does not run the internet. See how far the internet gets without the IT industry. Not very far.
For profit businesses operate Internet Services. And they doing a good job trying to dismantle what worked for so long... Breaking DNS with redirects instead of NXDOMAIN answers, ad injection via transparent proxies, trying to setup a system to extort money from content providers, etc. Yeah, that's stuff to be real proud of there. But hey, if you are making a profit, I guess ethics go out the window.
This isn't some pie in the sky Utopian experiment with no basis in reality. Your views are about as smart as everyone living in communes, smoking dope, growing their own food, and making their clothes out of hemp. Hippy ideals proven to be idiotic. said by bmn :Then what, I'll ask, is the proper role of an ISP in your opinion ? If the goal is to get to the internet, an ISP is required. Ever notice that no one has ever referred to these businesses as "Internet Access Providers". It always called Internet Service Provider". Thanks for showing the limits of your knowledge... They are not always just called Internet Service Providers. Internet Service Provider just gets used a vast majority of the time.
In fact: »www.google.com/search?hl=en&q=In···G=Search
I'm done. Come back when you have real experience. Good. Come back when you don't have to act like a spoiled brat to make your point... -- Prove it... Save the Internet Time (NTP) service, use the pool. |
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  jazzman916 Life on the Upbeat Premium,Mod join:2001-09-01 Birdland clubs: | reply to DSL Lab Rat Last warning. Keep it professional or don't play. |
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  Splitpair Premium join:2000-07-29 Cow Towne
·T-Mobile US
| reply to bmn said by bmn :Then what, I'll ask, is the proper role of an ISP in your opinion ? That is a question that you should direct to the management of the ISP you wish to hear the answer from. My decision as a consumer is to pick the ISP that provides the level of service I wish to have at the best possible price I can get.
If the goal is to get to the internet, an ISP is required. And you point is?
Wayne -- If you cannot fix it with a buttset and some beanies you ain't a technician. |
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  Splitpair Premium join:2000-07-29 Cow Towne
·T-Mobile US
| reply to ncguy68 said by ncguy68 :I agree there is plenty of legal content, but statistics show that most high bandwidth users are not downloading legal content. IMO that statement in of itself validates at&t's decision.
Wayne -- If you cannot fix it with a buttset and some beanies you ain't a technician. |
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  Splitpair Premium join:2000-07-29 Cow Towne
·T-Mobile US
| reply to Doctor Olds said by Doctor Olds :And more important, does not this move cause them to lose their coveted "Common Carrier" status? Regards, Doctor Olds Short answer is no. The common carrier/interconnect carrier at&t is not the same as the ISP at&t. One is highly regulated carrier and the other a non-regulated for profit corporation.
Wayne -- If you cannot fix it with a buttset and some beanies you ain't a technician. |
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 bmn ? ? ? Premium,ExMod 2003-06 join:2001-03-15 hiatus
| reply to Splitpair said by Splitpair : If the goal is to get to the internet, an ISP is required. And you point is? You said if you goal is to get bits from point A to point B untouched, you get a common carrier. If you need you bits to get to and from the internet untouched, a common carrier won't do you any good since they don't provide access to the internet. -- Prove it... Save the Internet Time (NTP) service, use the pool. |
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 Claybraker
join:2002-04-13 none
| said by bmn :said by Splitpair : If the goal is to get to the internet, an ISP is required. And you point is? You said if you goal is to get bits from point A to point B untouched, you get a common carrier. If you need you bits to get to and from the internet untouched, a common carrier won't do you any good since they don't provide access to the internet. Not true at all. Nothing stopping you from negotiating a deal with Level 3 or whomever.
In that case, a common carrier would be mighty handy to get your bits to one of their POPs. |
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