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'Six Strikes' Still Slated for This Year
Copyright Alert System Just Wants to 'Educate' You
by Karl Bode 09:09AM Wednesday Sep 12 2012
Last summer major ISPs including Comcast, AT&T, Verizon and Cablevision signed off on a new plan by the RIAA and MPAA taking aim at copyright infringers on their networks. According to the plan, after four warnings ISPs are to begin taking "mitigation measures," which range from throttling a user connection to filtering access to websites until users acknowledge receipt of "educational material." As you might expect, that educational material's chapter on fair use rights likely won't exist.

The plan, as with most plans of this type, was hashed out privately with the government's help -- but with no consumer or independent expert insight. As a result the plan has numerous problems, like relying on the IP address as proof of guilt, placing the burden of proof on the consumer, while forcing users to pay a $35 fee if they'd like to protest their innocence. Originally slated to launch last December, then this past July, the newly-formed organization tasked with overseeing the effort (Center for Copyright Information) tells Ars Technica the project is still on tap for this year:
quote:
The Copyright Alert System, as it’s formally known, was originally slated to deploy by the end of December 2011, a date that was then pushed back to July 2012. Now the CCI’s head, Jill Lesser, tells Ars the group is on track to launch by the end of the year. However, Lesser provided scant new details about the program. "We are still very much intending to launch this year, but in no way was missing a July deadline a missed deadline," she said in a recent interview. "This isn’t the American version of the French system, and it isn’t a baseball game."
The Center for Copyright Information continues to paint this as an "education" effort, though precisely what kind of education users will get is up in the air. As we've seen with previous efforts of this type, ISPs are absolutely unwilling to talk about the project, still seriously fearing both liability for false positives (which we've seen more than a few times) and bad press.

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Kilroy
Premium,MVM
join:2002-11-21
Saint Paul, MN

Two likely outcomes

1. Over Zealous - many false positives and a media feeding frenzy, from those media outlets NOT controlled by the ISPs and/or RIAA/MPAA members. Reeducation camps become a booming business.

2. Must ado about nothing - Very few actual users notified, the ISPs agreed to do it, but actually find out that it costs them money and they determine that the RIAA/MPAA should be paying them for protecting their ancient buisness model.
--
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tmc8080

join:2004-04-24
Brooklyn, NY
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Re: Two likely outcomes

said by Kilroy:

1. Over Zealous - many false positives and a media feeding frenzy, from those media outlets NOT controlled by the ISPs and/or RIAA/MPAA members. Reeducation camps become a booming business.

2. Must ado about nothing - Very few actual users notified, the ISPs agreed to do it, but actually find out that it costs them money and they determine that the RIAA/MPAA should be paying them for protecting their ancient business model.

I opt for #2.. I've said many times the ISP aren't about to kill the cash cow that ISPs net profit REGARDLESS of how much bandwidth a consumer uses at their specified tier anywhere around the world under the current bandwidth management (peering) techniques ISPs use. When you distill the policy it becomes a pay for protection racket of competing interests..

Camaro
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said by Kilroy:

2. Must ado about nothing - Very few actual users notified, the ISPs agreed to do it, but actually find out that it costs them money and they determine that the RIAA/MPAA should be paying them for protecting their ancient buisness model.

Yea I don't think the ISP's are going to be shedding customers that are a guaranteed income on a monthly basis. I don't think they will bite the hand that feeds them plain and simple.

Packeteers
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Forest Hills, NY
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1 edit

it's ALREADY working...

ISP's and Trackers have been collecting the goods on you for Months, the only part that has been delayed are the formal notification and enforcement procedures.

»washington.cbslocal.com/2012/09/···nitored/

get thee on to a VPN already - stop being so naive and cheap

»www.techdirt.com/articles/201209···rs.shtml
Pv8man

join:2008-07-24
Hammond, IN

Re: it's ALREADY working...

Forgive my ignorance, but doesn't forced encryption option in uTorrent already fix the problem of them being able to tell exactly what you are downloading?

Or am I missing something?

Packeteers
Premium
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4 edits

Re: it's ALREADY working...

yes, encryption does mask the precise content transmitted between peers, but that's not how they are finding you.

a public tracker created by a copy right cop can be made for one specific file, say HBO's Game of Thrones episodes. so now he knows every public IP trying to download that file, even if it's encrypted while doing it.

a ISP can detect the "shape" of torrent packet traffic (and the fact that you are linked to over 300 other IPs), so he may not know what you are downloading, but he does know you are probably stealing some copy write content - why else would you be using P2P.

a DNS can detect what web sights your public IP frequents such as torrent search engine sights... why go there unless you plan on getting copy write protected illegal content by P2P later.

some content viewers allow for "call home" logic embedded in the movie file you are watching to expose your IP, so even if you beat all the above, just watching the illegal file later can get you in trouble.

so you see, there are many ways encryption alone does not remedy the possibility of detection, and them building a case against you.

PapaMidnight

join:2009-01-13
Baltimore, MD

Re: it's ALREADY working...

said by Packeteers:

a ISP can detect the "shape" of torrent packet traffic, so he may not know what you are downloading, but he does know you are probably stealing some copy write content - why else would you be using P2P.

I feel inclined to point out that Linux distros are disseminated over BitTorrent (and it's a lot more of an efficient and, ironically, faster method of distribution as opposed to trying to download a 4GB iso from a repo).

I also feel inclined to point out that Blizzard distributes updates by way of the BitTorrent protocol.

But hey, why use BitTorrent for any reason unless you're stealing?

(As an aside, I should point out that the word theft may be a bit of a grey area here as no physical media was actually appropriated.)

Packeteers
Premium
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Re: it's ALREADY working...

yes, fine you can be anal and shoot all the holes you want in their claim, like "oh my wifi is exposed and it was my neighbor on my IP" - the point is they can still build a case against you on what you are probably doing, certainly enough to justify sending you one of 6 warning shots

NormanS
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Re: it's ALREADY working...

said by Packeteers:

yes, fine you can be anal and shoot all the holes you want in their claim, like "oh my wifi is exposed and it was my neighbor on my IP" - the point is they can still build a case against you on what you are probably doing, certainly enough to justify sending you one of 6 warning shots

"Probably" will work for civil actions; until one case where "probably" is provably wrong, and the victim of that tort fights back.
--
Norman
~Oh Lord, why have you come
~To Konnyu, with the Lion and the Drum

TamaraB
Question The Current Paradigm
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said by Packeteers:

a DNS can detect what web sights your public IP frequents such as torrent search engine sights...

Using your ISP's DNS is always a bad idea for many reasons, not the least of which is URL hijacking. Using free public DNS servers is better, running your own bind is best.

said by Packeteers:

some content viewers allow for "call home" logic embedded in the movie file you are watching to expose your IP ....

Really? Which content viewers? I never heard of this.

--
"Remember, remember the fifth of November.
Gunpowder, Treason and Plot.
I see no reason why Gunpowder Treason
Should ever be forgot."

"People should not be afraid of their governments. Governments should be afraid of their people"


Packeteers
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2 edits

Re: it's ALREADY working...

let's just say after running an IP sniffer between GOM, VLC and KMP, GOM is the only player I would trust... those other two are way too well "connected" for my comfort level of anonymity.

we already know ISP enabled BluRay players and HDTV's call home for additional content. just remember the old adage - if they can do it (the technology certainly exists) they will do it.

or you can dismiss what I'm saying as just me being another conspiracy nut, but I'd rather be safe now than sorry later, especially when it requires so little cost and effort to stay safe.

TamaraB
Question The Current Paradigm
Premium
join:2000-11-08
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kudos:1

Re: it's ALREADY working...

That's bad news. I don't have Cable or a TV, no Blue Ray of any sort either. I am not a cord cutter, I just never got a cord that needed cutting. I use QuickTime player for content. Hear anything bad about that player?

elios

join:2005-11-15
Springfield, MO

Re: it's ALREADY working...

um yea QT player is pretty much crap even VLC is better then that
and imo VLC is broken in a lot of ways

Quicktime just needs to die at this point like Realmedia did

TamaraB
Question The Current Paradigm
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Re: it's ALREADY working...

said by elios:

um yea QT player is pretty much crap even VLC is better then that
and imo VLC is broken in a lot of ways

Quicktime just needs to die at this point like Realmedia did

I use both. But yeah, VLC is a much better player. QT isn't exactly broken or bad, it simply can't deal with the wide range of formats VLC can.

But more on topic, if Apple was true to their Apple-centricity, they would stream these events to QT. I don't see the downside in doing so.

--
"Remember, remember the fifth of November.
Gunpowder, Treason and Plot.
I see no reason why Gunpowder Treason
Should ever be forgot."

"People should not be afraid of their governments. Governments should be afraid of their people"

Wilsdom

join:2009-08-06
It's not your ISP that's tracking you but contractors hired by the copyright kings that flag you when they download the same torrent as you and see who is in the swarm. Instead of the hassle of taking you to court, now they just pay your ISP to take away your modem.

Packeteers
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Re: it's ALREADY working...

said by Wilsdom:

now they just pay your ISP to take away your modem.

you really need to back that statement up with a link, cause it ain't happening that way. instead those contractors are trying to get your contact info from your ISP and harassing you directly with bogus subpoenas - nobody can afford to pay your ISP to drop you unless they are willing to pay $1000 - that's how much ISP's pay each other to cover your area for potential service rights.
Wilsdom

join:2009-08-06

Re: it's ALREADY working...

What else besides money could the ISPs have gained by making the deal? Sure, they want people to subscribe to TV and use 0 bytes per month, but they can achieve that themselves by charging by the byte. They don't need $1000 compensation--if they lose 1/3 of their customers, get $100 per non-served customer from the copyright holders, increase rates by 1/3 while saving on overhead, they increase their profit
tmc8080

join:2004-04-24
Brooklyn, NY
Reviews:
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said by Packeteers:

said by Wilsdom:

now they just pay your ISP to take away your modem.

you really need to back that statement up with a link, cause it ain't happening that way. instead those contractors are trying to get your contact info from your ISP and harassing you directly with bogus subpoenas - nobody can afford to pay your ISP to drop you unless they are willing to pay $1000 - that's how much ISP's pay each other to cover your area for potential service rights.

actually, it's worth MUCH more than that esp. in a city like NYC!
customers number in the millions and per customer is more along the lines of 5-10k..

it still remains to be seen what actions will actually happen. if ISP actions are heavy handed, you can be assured people will fight back in many ways and it will probably end up costing the ISPs in the long run-- increased customer churn being one of the more obvious ways. customers are very anti having their privacy violated on the internet or otherwise. also, the laws concerning an IP address as evidence of copyright violation are not set in stone as much as the copyright industry would like everyone to believe.

another idea I'd like to put out there.. when the Music industry started SUING it's customers.. the bad public relations alone began to TANK music sales and a big physical media store Tower Records went out of business in short order.. While it is a shot across the bow of the video industry as well, since they are the PRIMARY supporter of ANY laws which protect their interests.. including some nasty things happening in Europe & Asia to the founders of TPB even though they allegedly aren't currently running the torrent website anymore. My point is, that customer backlash can strike out in very unwelcome ways.. and one of them being consumers stop subscribing to cable-tv services and other PAID video media services (basically the opposite effect of what they're trying to accomplish).. While you can't replicate fuel for your car, you can replicate the 0's and 1's that generates all media. Any negative impact on consumers have with their ISPs can result in decreased revenue for them... and that's where the rubber meets the road.. are ISPs ready to piss off consumers paying the bills? Many triple play bundles just saw a hefty increase across the board.. so in many ways your already paying for round 1 of whatever they intend to do.. but that revenue stream is NOT guaranteed should they piss off consumers.

What were ISPs thinking when they spent billions to bring fiber (and broadband) closer to consumers.. that they could make services sky-high price-wise and there not be any fallout and complimentary change in behavior? Even more-so in a bad economy. The intent is to change the rules of the game, and to have sky high prices and heavy handed no privacy internet and I tell you now, if they fundamentally change the internet through this practice.. there really won't be as much demand for it; and when the content industry stops innovating a business model and just looks for ways to catch the consumer stealing.. they are sealing their fate going forward towards a dwindling revenue stream.

El Quintron
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Piracy Evolving?

Although the copyright maximalists on my twitter feed seem to think that 3 strikes and its peers seem to be winning the "hearts and minds" of pirates, I'm curious if their decreased infringement statistics have more to do with people switching the way in which they get infringing content.
--
Support Bacteria -- It's the Only Culture Some People Have
Wilsdom

join:2009-08-06

Re: Piracy Evolving?

Yeah, I'm kind of looking forward to getting a notice since it will give me an excuse to pay for a 1Gb/s seedbox!

TamaraB
Question The Current Paradigm
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Re: Piracy Evolving?

said by Wilsdom:

Yeah, I'm kind of looking forward to getting a notice since it will give me an excuse to pay for a 1Gb/s seedbox!

Using a $15.00/Mo off-shore seed box is the safest and most efficient way to p2p. Why bugger and expose your local connection with all that traffic? It's the way to go even if this MAFFIA crap didn't exist.
Wilsdom

join:2009-08-06

Re: Piracy Evolving?

What can I say, I don't like paying for stuff.

NormanS
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said by TamaraB:

Using a $15.00/Mo off-shore seed box is the safest and most efficient way to p2p.

How deliciously ironic! Pay for a seedbox in order to avoid paying for content.
--
Norman
~Oh Lord, why have you come
~To Konnyu, with the Lion and the Drum

TamaraB
Question The Current Paradigm
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Re: Piracy Evolving?

said by NormanS:

How deliciously ironic! Pay for a seedbox in order to avoid paying for content.

Are you kidding? I have already paid for my music 4 times over. Once on Vinyl, then on 8-track, again on cassette, and finally on DVD. When the inevitable happens yet again, and the DVD gets scratched you want me to pay for it again? Enough is enough! Movies and TV shows which I purchased are so encumbered with DRM and so fragile, that after paying them a couple of times they are useless. Oh, and the real killer is how come these Mafioso can restrict where I can play content I purchased?

The other kicker is that a lot of old stuff and many TV shows never get released to "legit" markets. The only place to find much of this stuff is on the net. Just try to buy the 7 seasons of Da Vinci's Inquest for example! Guess where the only place it's available? This copyright crap has gotten totally out of hand. I have netflix, I don't mind paying for stuff if it is reasonably marketed and priced. But even Netflix puts up a film, and then it expires, if you want to see it again where to go? Not for sale! And if you can buy it, it is wrapped so tight you can't even make a backup copy. When it goes bad, or you buy a new player you are supposed to buy the movie again? I had a laserdisc movie player back in the day, and bought movies for it. That didn't last long at all. It went obsolete very quickly. Only a fool would buy into that trap again.

P2P exists mainly because tons of content is not available in other mediums, and when it is, it is practically unusable. I no longer wish to buy defective products from troglodyte companies who refuse to move into the 21st century, and who use extortion and intimidation to preserve an outdated business model.

New music I buy on iTunes, and a couple of TV shows which I am interested in and happen to be on iTunes I buy there. I have no problem supporting Apple's content business model because it is reasonable and modern. Netflix is OK as far as it goes. The rest can go to hell.

--
"Remember, remember the fifth of November.
Gunpowder, Treason and Plot.
I see no reason why Gunpowder Treason
Should ever be forgot."

"People should not be afraid of their governments. Governments should be afraid of their people"


El Quintron
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Re: Piracy Evolving?

said by TamaraB:

P2P exists mainly because tons of content is not available in other mediums, and when it is, it is practically unusable. I no longer wish to buy defective products from troglodyte companies who refuse to move into the 21st century, and who use extortion and intimidation to preserve an outdated business model.

Pretty much... although some on the other side are finally starting to get the hint, the old guard still seems to think that legislation is going to protect the industry and bring it back to the 90s...

Should be fun to watch if the bulk of the industry gets in the next ten years.
--
Support Bacteria -- It's the Only Culture Some People Have
dylking

join:2001-07-31
Saint Paul, MN

Clarification

"but in no way was missing a July deadline a missed deadline,"

If missing a deadline isn't a missed deadline, what is it exactly?

MooJohn

join:2005-12-18
Milledgeville, GA
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Reviews:
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Worse than relying on IPs

Blindly taking the word of a company with a vested interest that a certain IP was infringing is the biggest flaw in this plan. You can bet this company is paid depending on its "detection" rate so there's nothing to stop them from spitting out lists of random IPs, times, and dates and saying "Here's today's list!"

If the same people said they saw Bigfoot this morning but didn't have any proof they'd be laughed at. Let them claim a particular IP infringed on their product and it's somehow completely credible on the flimsiest or complete lack of proof.

And no, their log files are not considered "proof" to me. A script a few lines long can spit out reams of real-looking log files that are complete fiction.
--
John M - Cranky network guy
Rekrul

join:2007-04-21
Milford, CT

1 edit

Re: Worse than relying on IPs

said by MooJohn:

Blindly taking the word of a company with a vested interest that a certain IP was infringing is the biggest flaw in this plan. You can bet this company is paid depending on its "detection" rate so there's nothing to stop them from spitting out lists of random IPs, times, and dates and saying "Here's today's list!"

If the same people said they saw Bigfoot this morning but didn't have any proof they'd be laughed at. Let them claim a particular IP infringed on their product and it's somehow completely credible on the flimsiest or complete lack of proof.

And no, their log files are not considered "proof" to me. A script a few lines long can spit out reams of real-looking log files that are complete fiction.

Oh, but they have screenshots too! You know those can't be faked...

axiomatic

join:2006-08-23
Tomball, TX

OR....

Just stop using the MPAA / RIAA product and let them eventually come to their senses and stop treating their customers like criminals.

Books and Games (board, card, or digital) are working out just fine for my family while we wait for the MPAA and the RIAA to stop acting like cartels.
amungus
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America
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cost / benefit

I just don't understand how all this is worthwhile compared to simply allowing for legit options to really take off. Netflix is obviously so popular that it's not even funny, as are other options, yet are constrained so badly as to make them a tease.

It can't possibly be worse to make some money, than to waste it on messing with people. Genie has been out of the bottle for, um, a very long long long time now.......

On the topic of obtaining things - this won't stop any determined person, it's certainly more about restriction of freedom than anything else.

New models for business still need to be tried.

Why not take a good HBO series, for example, and let people stream the pilot for free? If people like it, they can pay $10 or something to be able to stream the rest of a season. Option to purchase after it's over for a discount via download, or 10% off a DVD/blu ray set, Done, done, and DONE. People would eat that shit up.

...Using HBO as an example, it still sucks to have to have
a) a cable box
b) a FULL TV package (more than 'basic')
c) oh... NOW I can finally pay EVEN MORE for HBO? WTF?!

For network content, why not stream it within an hour of airing? Throw in a couple more ads, much like traditional TV, and call it good? Offer it in good quality, don't mess with it much, and offer the chance to buy as noted above for an HBO series?

Want to stream a movie? ANY old movie? Why not have the option to do that straight off of Netflix for a dollar? Why not have the option to purchase a DVD or Blu Ray DIRECTLY from Netflix (via Amazon? who knows) if you really liked it?

Point is, the reason that people still download is partially because the other options are convoluted, and generally suck, unless you are looking at buying a physical copy someday (which, it has been noted that some people do after obtaining via 'other' methods......).

88615298
Premium
join:2004-07-28
West Tenness

If you need 6 warnings

then you deserve to have your internet cut off. And this law doesn't even do that. So really what is the big deal? Other than it's stupid and pointless?

•••

jfleni

@bhn.net

Six Strikes

All this rogue detective stuff comes from the same Hollywood fruitbois who think that "Batman" and "Planet of the A's" are just wonderful culture! What a joke!
arbit3r9

join:2006-02-08
Dorr, MI

what i find complete load of S on this

"The plan, as with most plans of this type, was hashed out privately with the government's help -- but with no consumer or independent expert insight. As a result the plan has numerous problems, like relying on the IP address as proof of guilt, placing the burden of proof on the consumer, while forcing users to pay a $35 fee if they'd like to protest their innocence. "

So just on the word of copyright owner alone or group that I did something means I gotta pay 35$ which is a good question on WHO that goes to, just to fight it. We already know how they abuse the DMCA on videos they have 0 rights to. Any ISP that supports this plan, i hope all their users leave cause this is complete load of crap. Sure a ton of lawsuits will spawn from this cause that fee since this is nothing more then a Guilty til proven otherwise system that copyright groups put in place, and the evidence of guilty is their word you are guilty.
Rekrul

join:2007-04-21
Milford, CT

Isn't it wonderful...

Isn't it wonderful how all the oher industries on the planet have to help the content industry?

ISPs have to agree to warn users and possibly terminate their accounts.

Search Engines have to agree to censor search results.

Electronics companies have to agree to add copy protection mechanisms to all their AV devices.

What's next?

Will car makers have to include a device that listens for the singing of unauthorized songs in the car?