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story category UK Eyes 'Three Strikes' ISP Piracy Measures
NBC Universal applauds move...
(old news - 09:22AM Tuesday Feb 12 2008)
tags: Fileswapping · business · world
The UK is exploring a law that would force ISPs to implement a "three strikes and your out" policy for users who transfer pirated material. First offense users would get a warnings, while second and third offense users would face account suspension and, ultimately, account termination. France has been slowly implementing a similar system. NBC Universal, who has gone so far as to propose putting piracy filters in home networking hardware, applauded the push:
"We welcome the signal from Government that it values the health of the creative industries and takes seriously the damage caused by widespread online copyright infringement. We call upon ISPs to take action now. They must play their part in the fight against online piracy and work with rights owners to ensure that ISPs’ customers do not use their services for illegal activity. Piracy stifles innovation and threatens the long term health of our industry."
So far there's no consensus on whether the list of offending users would be shared among ISPs, or how. ISPs generally would prefer no regulation, and are eager for guidelines that involve voluntary cooperation.

Related:
  1. Spain Shoots Down 'Three Strikes' Idea
  2. The Pirate Bay Gets Sold
  3. Pirate Bay Sale Sees Insider Trading
  4. Swedish ISP Fights New Piracy Law
  5. Barry Manilow Highlights 'Three Strikes' Law Stupidity
  6. The "Death Of P2P" Is Relative, Possibly Wrong
  7. British Cops, Spies Oppose 'Three Strikes'
  8. Will 'Three Strikes' Come To The United States?
Forums » UK Eyes 'Three Strikes' ISP Piracy Measures
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INT0CABLE
BANNED
Premium
join:2007-10-22
Bronx, NY

1 edit

Great

after i strike out ill sign on again under my brothers name and after stricking out again ill just sign on under my mothers name and so on and on and on and on.

Daddy

join:2007-12-07
Bronx, NY
·Optimum Online

Re: Great

Respect, but really From what I seen NBC the only one actuly doing something like this....I seen so many cases of NBC going to ISP's to get them to terminate their costumer's. Serfice to say I haven't seen any thats gone though they just slap you on the wrist....
patcat88

join:2002-04-05
Jamaica, NY


1 edit
Time for ISPs to demand SSNs to run credit checks/banned internet users list checks. You will run out of identities. We can also cross reference any dependents on your IRS, and anyone else at the address through USPS secret database of the names that goto each address and Census and DMV records. If you try suite/apt fudging, won't work because we will cross reference your Occupancy permit. Also the NSA can provide a list of all the emails, forum logins, and user names and screen names you use online, if you were just a guest at that house, you can write an appeal and show up infront of an Administrative Law Judge to get yourself off the blocklist. Don't you love databases?

TKJunkMail
Enjoy the sun
Premium
join:2002-03-03
Avalon, NJ
·Sprint Mobile Broa..
·Comcast

said by INT0CABLE See Profile :

after i strike out ill sign on again under my brothers name and after stricking out again ill just sign on under my mothers name and so on and on and on and on.
Sorry, but they would BAN that address. It would do no good to switch to a relative at the same address.
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jc100

join:2002-04-10


1 edit

Re: Great

You can't ban an address. What happens if the property sells? See, unless they are going to cross reference the service against owner of the property, then this idea of switching names would work. However, if the ISPS wish to incur the cost of acquiring public records and checking things out, then that would be different. Still, my guess a simple name change would suffice most times. Odds are, the ISP wouldn't care as they are not going to be keen on turning down money from their customers. After all, this wasn't their idea to begin with.

Ebolla

join:2005-09-28
Dracut, MA

Re: Great

yes they can mark an address as "non-servicable" and not allow services to be restarted unless someone goes to service center with a lease agreement proving you are not former resident. Or paperwork proving you are owner and not former tenant. People pull the same thing as suggested by OP when they are disconnected for non-pay.
Warez_Zealot
Rural land of the rising sun

join:2006-04-19
japan

said by TKJunkMail See Profile :

said by INT0CABLE See Profile :

after i strike out ill sign on again under my brothers name and after stricking out again ill just sign on under my mothers name and so on and on and on and on.
Sorry, but they would BAN that address. It would do no good to switch to a relative at the same address.
Yep ban revenue. I'm sure once a lot of people get banned and it actually starts to affect the numbers; ISP's will re-evaluate if they are doing the "right" thing or not. lol

ib50MbSoon
Formerly TwoKDialup
Premium
join:2002-06-07
Coloma, MI

said by INT0CABLE See Profile :

after i strike out ill sign on again under my brothers name and after stricking out again ill just sign on under my mothers name and so on and on and on and on.
*IF* some snot-nosed punk did that to me, right after the funeral I'd take the death certificate down to the cable office and have my service reconnected. Problem solved. What do you think of that?
--
Comcast has spoiled me rotten!

battleop

join:2005-09-28
00000
I think the ISPs are a little smarter than you think.

Matt
Take me down to the paradise city
Premium
join:2003-07-20
Jamestown, NC

Good Idea

I think this is a great idea. Although I'm scared to know whom the burden of proof will fall on and what will exactly constitute proof.

Nightfall
My Goal Is To Deny Yours
Premium,MVM
join:2001-08-03
Grand Rapids, MI
·Site5.com
·AT&T Midwest
·Comcast

Re: Good Idea

said by Matt See Profile :

I think this is a great idea. Although I'm scared to know whom the burden of proof will fall on and what will exactly constitute proof.
Its not that difficult to prove it. Since nothing is anonymous, just download the material that the suspect is sharing and verify it. Ideally, a third party would do the work instead of the RIAA/MPAA, but I would settle for a law enforcement division as well.

karlmarx

join:2006-09-18
iraq
·Fairpoint Communic..

Re: Good Idea

And exactly how would you PROVE someone dowloaded via a torrent? By definition, the torrent comes from MANY sites. What if I've only downloaded 99%s? Am I still in violation? I mean, I can't UNRAR only 99% of the file. Again, they can't ever PROVE that ONE PERSON uploaded or downloaded a torrent UNLESS they are the only source. An incomplete file is NOT PROOF of copyright violation.
--
The happiest countries are the most secular. The struggle AGAINST corporations is the struggle FOR humanity!
wentlanc
You Can't Fix Dumb..

join:2003-07-30
Maineville, OH

Re: Good Idea

Agree with you 100%. Not to mention the fact that downloading a program that was available OTA for FREE should not be infringement.

cw

Matt
Take me down to the paradise city
Premium
join:2003-07-20
Jamestown, NC
·North State Commun..

said by karlmarx See Profile :

And exactly how would you PROVE someone dowloaded via a torrent? By definition, the torrent comes from MANY sites. What if I've only downloaded 99%s? Am I still in violation? I mean, I can't UNRAR only 99% of the file. Again, they can't ever PROVE that ONE PERSON uploaded or downloaded a torrent UNLESS they are the only source. An incomplete file is NOT PROOF of copyright violation.
Sorry, but if I walk into a car dealership and only steal a tire off a car, I'm still guilty of theft, even though I can't drive the car away.

Ebolla

join:2005-09-28
Dracut, MA

Re: Good Idea

yes due to the fact you took physical property, nothing is stolen when you download, only a copy is created.

Matt
Take me down to the paradise city
Premium
join:2003-07-20
Jamestown, NC
·North State Commun..

Re: Good Idea

said by Ebolla See Profile :

yes due to the fact you took physical property, nothing is stolen when you download, only a copy is created.
A copy for which you haven't paid. So yes, it is stealing. Look up Title 17.

jhboricua
ExMod 2000-01
join:2000-06-06
Minneapolis, MN
clubs:

Re: Good Idea

said by Matt See Profile :

A copy for which you haven't paid. So yes, it is stealing. Look up Title 17.
Kindly point where in Title 17 does it say it is stealing.

Matt
Take me down to the paradise city
Premium
join:2003-07-20
Jamestown, NC
·North State Commun..

Re: Good Idea

said by jhboricua See Profile :

said by Matt See Profile :

A copy for which you haven't paid. So yes, it is stealing. Look up Title 17.
Kindly point where in Title 17 does it say it is stealing.
Ironically enough, it's under the section titled Criminal Offenses: »www.copyright.gov/title17/92chap5.html#506

Sub-sections B and C cover it pretty well. A good lawyer could argue for A as well.

Ebolla

join:2005-09-28
Dracut, MA

Re: Good Idea

(1) In general. — Any person who willfully infringes a copyright shall be punished as provided under section 2319 of title 18, if the infringement was committed —

(A) for purposes of commercial advantage or private financial gain;

(B) by the reproduction or distribution, including by electronic means, during any 180-day period, of 1 or more copies or phonorecords of 1 or more copyrighted works, which have a total retail value of more than $1,000; or

(C) by the distribution of a work being prepared for commercial distribution, by making it available on a computer network accessible to members of the public, if such person knew or should have known that the work was intended for commercial distribution.
(a) doesnt qualify as the bittorrent gains no money for person seeding.

(b)Same as (a)

(c)This you may be correct on, but the term "Commercial Distribution" implies money is involved as well.

jhboricua
ExMod 2000-01
join:2000-06-06
Minneapolis, MN
clubs:

said by Matt See Profile :

said by jhboricua See Profile :

said by Matt See Profile :

A copy for which you haven't paid. So yes, it is stealing. Look up Title 17.
Kindly point where in Title 17 does it say it is stealing.
Ironically enough, it's under the section titled Criminal Offenses: »www.copyright.gov/title17/92chap5.html#506

Sub-sections B and C cover it pretty well. A good lawyer could argue for A as well.
Ironically enough the word steal, stolen, stealing is not present there, so it begs to question how you reached such a ridiculous conclusion. As a matter of fact, the word steal, stealing, stolen are NOT present in the ENTIRE Title 17 copyright document. A good lawyer would know the difference between infringement and stealing, which is more than I could say about you.
--
"Two things are infinite: the universe and human stupidity; and I'm not sure about the the universe." - Albert Einstein
Jose A. Hernandez * System Admin * MPLS, Minnesota, USA *
Thaler
Premium
join:2004-02-02
Encino, CA

said by Matt See Profile :

A copy for which you haven't paid. So yes, it is stealing. Look up Title 17.
Wait...how are you stealing a copy without paying...when you don't even have a copy of said item?

Aborting the download isn't akin to stealing whatsover, unless there's some category of law that addresses "intent to commit copyright infringement". Last I checked, infringement was rather a binary offense - either you've downloaded a copy of said material, or you haven't.

Matt
Take me down to the paradise city
Premium
join:2003-07-20
Jamestown, NC
·North State Commun..


1 edit

Re: Good Idea

said by Thaler See Profile :

said by Matt See Profile :

A copy for which you haven't paid. So yes, it is stealing. Look up Title 17.
Wait...how are you stealing a copy without paying...when you don't even have a copy of said item?

Aborting the download isn't akin to stealing whatsover, unless there's some category of law that addresses "intent to commit copyright infringement". Last I checked, infringement was rather a binary offense - either you've downloaded a copy of said material, or you haven't.
If you only download a portion and not the entire work, you're right, there isn't a law covering that yet. But we're specifically talking bittorrent which means you are uploading as well, which facilitates (assists) others in copyright infringement.

See Secondary Liability: »www.law.columbia.edu/law_school/···acforum1

karlmarx

join:2006-09-18
iraq
·Fairpoint Communic..

Re: Good Idea

Now you're just talking double talk. You CAN'T quote a different law to charge someone with a 'supposed crime' from the first law. They are TWO DIFFERENT EVENTS. The first event is 'downloading the file'. the second event is 'sharing a file'. And again, I state, UNTIL YOU GET or GIVE 100% of the file TO ME, or get it FROM ME, you have NO PROOF that I actually did the transfer.

What if I created a fake rar file called 'brittney spears.mp3' and put it on a torrent site. UNTIL you get 100% of it from me, you have NO IDEA what it is. Period.

Again, if you want to use the law as a hammer to hit people, you have to follow the LETTER of the law, not the spirit. And mediasentry and the like are NOT following the letter of the law, they are making accusations based on incomplete information.
If I was serving up the file from a web server, THEN, and ONLY THEN, IF IT WAS REAL, could I be charged. Getting 'part' of a file from me, not the ENTIRE file from me, is NOT PROOF that a violation occurred.
--
The happiest countries are the most secular. The struggle AGAINST corporations is the struggle FOR humanity!
TheWickerMan

join:2002-04-09
Enola, PA


1 edit
said by Matt See Profile :

Sorry, but if I walk into a car dealership and only steal a tire off a car, I'm still guilty of theft, even though I can't drive the car away.
What if you've only made a copy of the tire?

jhboricua
ExMod 2000-01
join:2000-06-06
Minneapolis, MN
clubs:


1 edit

Re: Good Idea

Holy crap, could you imagine the effect of Star Trek's replicator today? The entire population in the Star Trek universe are breaking the law!

RIAA lawyer - "Mr. Worf, I'm representing the RIAA and you have been found guilty of downloading several operas. We demand you cease and desist or face the consequences".

Worf - "Of course. By the way, have you seen a Bat'leth in action?"

swhx7
Premium
join:2006-07-23
Elbonia
·RoadRunner Cable

said by Matt See Profile :

I think this is a great idea. Although I'm scared to know whom the burden of proof will fall on and what will exactly constitute proof.

That's a problem, but it's not the proper role of the ISP. Internet is so important a part of modern life, no one should be banned from it based on a private party's say-so. Even if there is a court judgment proving copyright infringement, the damages or penalty should be enough. Depriving the person of an important means of communication is too severe.
Kearnstd
Elf Wizard
Premium
join:2002-01-22
Mullica Hill, NJ

this is why the entertainment industry would never want the net to be classified as a full utility. i mean you cant ban someone from having electric power as long as the bill is paid even if they are using it to run a whore house.
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Kearnstd
Elf Wizard
Premium
join:2002-01-22
Mullica Hill, NJ
matter replication would basicly crash the current world economy. then again it would also close up lots of economic gaps as it wouldnt cost anything to feed the poor.
--
[65 Arcanist]Filan(High Elf) Zone: Broadband Reports

ANon3422

@cox.net

Exactly...

This is unbelievable stupid.....

DrugSkill

join:2005-11-14
Saint-Jean-Sur-Richelieu, QC
·Videotron


1 edit

Transfer of profits

Cut me from broadband, I'll start buying copyrighted material, sad but true. That's just a transfer of my money from a corporation to another. I can afford 100$ a month for entertainment no more. And unfortunately since I have to stick with the overpriced internet service that is Videotron, that's what it cost me just for that.

TKJunkMail
Enjoy the sun
Premium
join:2002-03-03
Avalon, NJ

1 edit

Wrong thread

N/M wrong thread

TwKs

join:2007-04-29

Honestly...

American ISP's are too greedy to ever do anything like that. Sure , they may not want people pirating, but their love of money will keep this from ever happening.

battleop

join:2005-09-28
00000

Re: Honestly...

They might do it if they can pass other info into this database. I could see them using this like a credit report. If you are a known dead beat or maybe you can't keep your PC clean from viruses you might get charged more or denied service all together.

ARGONAUT
got ping?

join:2006-01-24
New Albany, IN

:)

Sounds like another opportunity for a tea party.
tmc8080

join:2004-04-24
Floral Park, NY

Sounding board much?

Why do all many of these asinine ideas become a sounding board in Europe? First France, then Canada, now the UK is looking at one more way to try and screw the consumer (Ok, maybe not the countries specifically, but the lobbying wings of the International RIAA/MPAA pulling the strings)!

I guess there is a slight imbalance between the concepts of democracy and free markets. Like it or not, piracy has to compete with paid media... if the content is good, consumers are still willing to pay for it. Drying up the competition will not make consumers want to buy the product more. It's not that good, not that cheap, and not that compelling.

vliktor

join:2005-07-27
Philippines

Encrypt

No, it's more like 'three strikes, and you start encrypting'.

Jmartz

join:2000-07-20
Tenafly, NJ

Re: Encrypt

I dont know what NBC is worried about, all of their programs suck (the ones that air on NBC anyway) so who would want to pirate them?

axelrose
Ban Tornadoes

join:2005-05-25
Chattanooga, TN
·Comcast

Re: Encrypt

said by Jmartz See Profile :

I dont know what NBC is worried about, all of their programs suck (the ones that air on NBC anyway) so who would want to pirate them?
The Office is very popular on the torrents.
--
"If you wait by the river long enough, the bodies of your enemies will float by." - Sun Tsu (544 – 496 BC)
Kearnstd
Elf Wizard
Premium
join:2002-01-22
Mullica Hill, NJ
NBC charges for their On-Demand content as well, so if you want to catch up on NBC shows its going to cost you.

CBS its free.
--
[65 Arcanist]Filan(High Elf) Zone: Broadband Reports
patcat88

join:2002-04-05
Jamaica, NY
Yep, millions of $ of filters goes down the drain. There is still the traditional wolf join a private tracker/torrent and getting IPs......
nutcr0cker

join:2003-04-02
Chandler, AZ

wait till sharia kicks in Britain

wait till sharia kicks in Britain. Burqa clad tent women will chop off the genitals of suspected pirates. Now that should be a good deterrent.

o rly

@enta.net

Re: wait till sharia kicks in Britain

said by nutcr0cker See Profile :

wait till sharia kicks in Britain. Burqa clad tent women will chop off the genitals of suspected pirates. Now that should be a good deterrent.
I believe what you are referring to was a comment by the Archbishop of Canterbury, who doesnt really dictate law.

So I don't I will need to "wait" until it kicks in, as it won't.

Regarding the topic, I really can't stand the present government, firstly they try to police the internet, now they're trying to do this? Hope it gets voted out in the Commons.
Kiryu

join:2005-07-21
United Kingd

Re: wait till sharia kicks in Britain

AFAIK, this can violate the data protection act. how would they determine traffic to be illegal without going thru all your internet activity. goodluck winning the brits to agree to such an idea lol
Xure

join:2003-11-14
Beverly Hills, CA

Wonder how much 'till

Wonder hom much 'till the various **IAs get booted from the net due to their repeat offenses regarding copyright, privacy and racketeering?
patcat88

join:2002-04-05
Jamaica, NY

Re: Wonder how much 'till

The internet for them is just as free as it is for you.
Cyron

join:2002-09-24
Charlotte, NC

Watch out WiFi

If all copyright infringers lost their internet connections, we'll see alot more people connecting off others unsecured networks.

Not to mention, it would be really bad if you lost your connection because someone was hijacking your wireless network.
Kearnstd
Elf Wizard
Premium
join:2002-01-22
Mullica Hill, NJ

Re: Watch out WiFi

yep time for everyone to learn about WPA2 and MAC auth. sure even those steps can be hacked but the P2P user looking to freeload some bandwidth isnt going to go through that.
--
[65 Arcanist]Filan(High Elf) Zone: Broadband Reports
patcat88

join:2002-04-05
Jamaica, NY

Re: Watch out WiFi

I will build my quantum CPU to crack your WPA key in seconds.

pete43

@cecomet.net

regulation increases costs

As a service provider, any new regulation always increases costs. CALEA is a prime example. The law should allow for a special surtax to be placed on the service, with a direct bill to NBC, et al for monitoring services, not passed on the consumer. Want me to do my part? It costs me money to enforce, I need reimbursed.

asdfdfdfdfdf

@Level3.net

How far does it have to go before people will stop playing?

Stop buying it, stop copying it, stop downloading it and let these god damned companies die.
patcat88

join:2002-04-05
Jamaica, NY

Re: How far does it have to go before people will stop playing?

Tell that to the yokels that watch all the crap on TV.
Forums » UK Eyes 'Three Strikes' ISP Piracy Measures


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