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Forums » P2P Filters Not Ready For Prime Time » Differentiating illegal & copyrighted content is DANGEROUS
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« Flawed conclusions to study  
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funchords
Hello
Premium,MVM
join:2001-03-11
Washington, DC
·Verizon Online DSL
·Skype

 Differentiating illegal & copyrighted content is DANGEROUS

Technology that distinguishes between copyrighted works and non-copyrighted works is dangerous, as it is inconsistent with the copyright laws around the world, including those here in North America.

In the US, everything written or drawn is protected by copyright laws, without any requirement for upfront registration.

To design a copyright filter to act correctly according to US law, it would have to block all transfers unless some bitprint was registered somewhere as allowable to be transferred:

1. Because its copyright has expired (currently 70 to 90 years from the date of the works creation or the death of the creator).

2. Because the content was explicitly placed into the public domain by the owner, a recognized authority, or a treaty provision.

3. Because the content's owner explicitly allows such distribution while retaining other rights.

AND THIS IS A REALLY INTERESTING ONE:

4. Because the downloader claims the right under Fair Use. (The owner does not get to decide "fair use." If the owner consents, that's called a license and it would be handled by #3 above.

So, unless the filter works in the way that I've described above, it's broken by design. It is incompatible with the Copyright laws of the United States -- and our laws have aligned with the various treaties and laws of other major world powers.

And there is still much case law to consider, some of it still controversial, and it would have to be incorporated into that system:

a. Does the protectee (author, owner) place any limit on the duration or places of distribution?

b. Does the protectee place a limit on the number of transfers?

It's madness.

To fix this system, we have to fix the part that's broken -- and the Internet is not broken. We need to fix the laws, which right now grossly favor the major studios over independent publishers, and protectees over users of IP.

My generation used to share stuff on magnetic tape and Xerox pages. If you're in your 20s and 30s, you're the generation that needs to help Congress understand if and how you want to support the artists and authors through the copyright mechanism. Don't look to us to do it -- we don't like your music, anyway.
--
Robb Topolski -= funchords.com =- Hillsboro, Oregon
FCC Public Hearing on the Future of the Internet - Thursday, April 17th - Stanford Univ., Calif.

tx_tower

join:2007-11-13
Blanco, TX

Connection limiting, simple and effective solution w/ no big bro

p2p is only a problem for ISP's due to the huge number of connections made, its as simple as limiting the number or connections a customer can make in the ToS, ie. selling a 10mb/5mb connection with a limit of 30 connections not on port 80 (how we currently throttle our customers). business customers get 100 connections. problem solved end of story and I agree its not my job as an ISP to police the internet, im just looking out for my network.


funchords
Hello
Premium,MVM
join:2001-03-11
Washington, DC
·Verizon Online DSL
·Skype

Re: Connection limiting, simple and effective solution w/ no big

Connections are irrelevant. Internet Service Providers need look no further than the IP packet header to determine how to handle my traffic.

ISPs need not waste money on "intelligent" devices to figure out what they'd rather do with a packet instead of what they're paid do with a packet (i.e. ROUTE IT).
--
Robb Topolski -= funchords.com =- Hillsboro, Oregon
FCC Public Hearing on the Future of the Internet - Thursday, April 17th - Stanford Univ., Calif.


a333
A hot cup of integrals please

join:2007-06-12
Rego Park, NY
·Cingular Wireless
·Verizon Online DSL


1 edit
Honestly, get a grip, and put down the piracy Kool-Aid

as many open-source projects show, open source apps have WAY more people working on them, and embrace outside help, the end result of which is that those apps end up being light-years ahead of closed-source apps.
A couple of corps working on "intelligent" inspection techniques is no match for a worldwide cooperative effort that has the capability to turn out bug fixes/improvements on a daily basis. You just have way more people looking at the code, and editing it.

End moral of story:
Let Big Brother/Uncle Sam do the policing/net nanny honors. ISP's should be protected from any liability from the music industry, and be nothing more than 'dumb pipe' providers.
And, on a side note, file transfer protocols have been around since the birth of the 'net. In the 90's, it was FTP. Now, it's p2p. So get over the paranoia, and adapt to the times. New times, new demands, new rules. Get a grip, **AA.
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