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Jason Levine
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join:2001-07-13
USA

reply to JasonD

Re: It is too late to put Humpty Dumpty back together again

I don't see AT&T (or pretty much anyone) being able to effectively tell the difference between a pirated video file, one that falls under Fair Use (e.g. »cyberlaw.stanford.edu/documentar···use-tale ), or one might be somewhat similar to another copyrighted film but is permitted to be distributed online (either because it is in the public domain or because the copyright owner permitted the distribution).

I foresee many false positives and false negatives in AT&T's future. Many innocent consumers (whose videos are either Permitted or Fair Use) will be negatively impacted by false positives. Meanwhile, the pirates will quickly find a way around it and their videos will generate plenty of false negatives.

In addition, AT&T might lose their Common Carrier ISP status and might become liable for everything coming through their pipe. So even if they are successful at slowing down movie pirating on their network, they could all of a sudden be liable for every child porn website, threatening e-mail sent/received, and hacking event that crosses their routers.
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-Jason Levine
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