To Slow Piracy, Internet Providers Ready Penalties

[Gerald]

Americans who illegally download songs and movies may soon be in for a surprise: They will be warned to stop, and if they don’t, they could find their Internet access slowing to a crawl.

After years of negotiations with Hollywood and the music industry, the nation’s top Internet providers have agreed to a systematic approach to identifying customers suspected of digital copyright infringement and then alerting them via e-mail or other means.

Under the new process, which was announced Thursday, several warnings would be issued, with progressively harsher consequences if the initial cautions were ignored.

The companies took pains to say that the agreement did not oblige Internet providers to shut down a repeat offender’s account, and that the system of alerts was meant to be “educational.” But they noted that carriers would retain their right to cut off any user who violated their terms of service.

In bringing together the media companies and Internet carriers, the deal demonstrates how the once-clear line separating those two businesses has been blurred. Eight years ago, the Recording Industry Association of America had to sue Verizon to try to uncover the identity of a customer who was sharing music online. This year, Comcast completed its merger with NBC, bringing an owner of digital content and a conduit for it under the same roof.

Now the Internet providers are hoping to profit as they pipe music and video of the nonpirated variety to their customers.

“The I.S.P.’s want to cooperate with Hollywood because the carriers recognize that their own growth depends in part on bundled content strategies,” said Eric Garland of BigChampagne, which tracks online media traffic. “They don’t want to be just utilities providing Internet access, but premium content distributors as well.”

The system announced on Thursday involves a series of six warnings that an Internet provider can send to a customer whom the media companies have identified as a possible copyright infringer.

The warnings escalate from simple e-mail notifications to, at levels 5 and 6, a set of “mitigation measures,” like reduced connection speeds or a block on Web browsing. As the alerts progress, a customer must acknowledge that he understands the notice. Customers will also have the opportunity to contest the complaint.

The effect on consumers, the companies hope, will be more of a deterrent-by-annoyance — rather than the random lightning bolt of litigation that was once the preferred method of enforcement by the recording industry association, one of the parties to the agreement.

The media companies were also represented by the Motion Picture Association of America and groups acting on behalf of independent record companies and filmmakers. The Internet carriers involved in the deal include AT&T, Cablevision, Comcast, Verizon and Time Warner Cable.

http://www.nytimes.com/2011/07/08/te...ef=todayspaper


Note: July 7,2011

After years of negotiations with Hollywood and the music industry, the nation’s top Internet providers have agreed to a systematic approach to identifying customers suspected of digital copyright infringement and then alerting them via e-mail or other means.

dam this worrying, "suspected" , The thing that troiubles me about the entertainment business is the hypocrasy, they publish films with the "C" word being used then go on to disclaim any responsibility by saying they do not nesassarly agree with all the content with in the movie. The music industry publishes drug related material which gives the drug culture a cool status, the artists are rewarded with hugh wealth and also knighthoods in the UK .

Then the people who are "suspected" of downloading this are chastised by problably one of the most corrupt business empires on earth. Talk about a generation that makes up law as it goes alone.

The health of a Nation is detemined by consent.

[Feuer Frei!]

This is not confined to the US. In Australia 4 major ISP's are entering into the same agreements, due soon.

[kiwi_2005]

In New Zealand the new copyright law September 2011- anyone caught illegal downloading 3rd time will result in permanent disconnection from ISP.

[jwilliams]

How are they going to identify offenders? Are ISP watching their customers or is the music /film companies watching us?

What about our rights to privacy?

Would it not make more sense to just block sites that host pirated material?

[Feuer Frei!]

Originally Posted by jwilliams

How are they going to identify offenders? Are ISP watching their customers or is the music /film companies watching us?

What about our rights to privacy?

Would it not make more sense to just block sites that host pirated material?

The ISP's will monitor that.
They may or may not report it directly to the Company.
I'm assuming they will get trigger data from the companies.
The ISP's monitor your internet usage as it is already, and they can pull any details off your account.
One way is by tracing your connections.
In regards to blocking p2p sites? No chance.
A quick change in server and you are good to go again.

[kiwi_2005]

Originally Posted by jwilliams

How are they going to identify offenders? Are ISP watching their customers or is the music /film companies watching us?

What about our rights to privacy?

Would it not make more sense to just block sites that host pirated material?

Ah another kiwi just notice. Rumor is this will mainly affect torrent users. As movie spys or whatever they're called can't track what users are downloading from host sites like Rapidshare, Megaupload etc., But as a Torrent user your pretty much stuffed. www.Geekzone.co.nz had a big write up about it couple of months back, these guys know best as many of geekzone members are ISP owners. If the ISP do not oblige to warn ban one of their customers who maybe downloading illegal software the movie moguls in the USA can prosecute them so really according to ISP's they would rather turn a blind eye and hold on to their customers than disconnect them and lose a customer!

Yes it would make more sense if they just blocked the hosted pirated sites. There was talk that business who are legally downloading large files on a weekly basis could wrongly be accused of pirating by paranoid ISP staff members.

Its madness!

[MH]

As crooked or money hungry the entertainment industry is it has a right to protect its content.
We as consumers have a right not to buy it.
I believe that quality or lets call it not mainstream music(its matter of taste) scene was hurt a lot by illegal downloads
It also directly influenced and narrowed quality of commercial music nowadays.

At the and of day i think that every one who wishes to download illegal content still will be able to do so but it will require a bit more effort.

[jwilliams]

WHAT THE NEW LAW MEANS
* Establishes a 'three strikes' regime to stamp out illegal file-sharing.
* Copyright owners notify Internet Service Providers (ISPs) that someone is downloading material, such as films or video, without paying for it, through file-sharing.

* ISPs send warning notices to those customers telling them they may have infringed copyright.
* After three warnings, if the user does not stop, the copyright owner can take a claim to the Copyright Tribunal.
* The tribunal now has the power in impose a maximum $15,000 penalty on the internet account holder.
* However, after two years, if the new regime is not working - and a large number of people are still illegally downloading, then the Commerce Minister can introduce a tougher regime which could lead to the suspension of accounts.
* This would see the tribunal refer serious cases to the district court, who would have the power to order a six month suspension.
* The regime comes into force on September 1. The law does not apply to cellphone networks until 2013.

http://www.stuff.co.nz/technology/di...ing-law-passed

The copyright holder has to make a complaint to your ISP... How are Copyright holders getting their info?

If a copyright holder makes a complaint... Your instantly guilty, and have to prove your innocence. What happened to innocent until proved guilty?

And pirates will just hide behind proxy servers and VPN.

[MH]

Originally Posted by jwilliams

http://www.stuff.co.nz/technology/di...ing-law-passed

The copyright holder has to make a complaint to your ISP... How are Copyright holders getting their info?

By monitoring bittorrent network for example.

[Howard313]

I don't see this working, but it's good that they are trying to stop piracy.

Problem is the internet is so massive there is basically an unlimited number of websites offering copyright-infringing material in one form or another. Combine that with the sheer number of people who use the internet (for legal or illegal purposes) and it's easy to see that it'd be impossible to effectively monitor ALL of them.

I don't see this working, but it's good that they are trying to stop piracy

is right on both counts.

I got a film out of a local library a year or so ago, it was pirate.