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UK ISPs agree to menace their filesharing users

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Anonymous Coward

Oh good. 

I don't care about RIAA generated crap anyway.

As long as it's just music and I can keep downloading my movies...

Zmodem

The shadows 

Jobs Horns

if the riaa etc had any form of intellgence they would create a shadow proxy that blocks the dns all known and found updated serverlist

Anonymous Coward

slander lawsuits? 

Heart

So, over on this side of the pond, if they threaten you for illegal activity, and you aren't doing such illegal activity, that's the door to a huge slander and defamation lawsuit, as well as possibly "lack of due process" depending on the circumstances.

I assume you folks have no such protections?

I'd love for Comcast or Roadrunner to send me such a letter, I need to pay off my house.

James Cleveland

SSL 

All the way.

And if the ISPs break SSL, surely they're committing a crime?

sev71

Donttel lme whatI can do with my .. 

Alert

"unlimited super fast broadband"

is it not enough that ISPs can promise the world and not deliver? who's regulating the wild claims for 'super fast' connections and not so unlimited download?!

Fair use? is it not fail that I get to download what I want on MY line that I pay for without a 'fair use' policy.

Even when you download perfectly legitimate files, overstep the fair use limit and you're capped

I hate ISPs

Anonymous Coward

ISPs to harass users 

Thumb Down

So the ISPs are being held reponsible for what users do on their network; does that mean then that, as in the case of the Madrid bombings, if a terrorist group uses the mobile phone network to their bombs the network operator is responsible, and can be imprisoned, and sued by the victims? Hmmm... bit lacking on the joined up thinking front, I think.

Does this mean that we can hold them responsible for spam?

Adam Foxton

Surely 

Stop

it's up to the copyright holders to educate the public? If they're not willing to take that trouble, then they're clearly not THAT interested in securing copyright- merely taking your money.

Give it 5 years down this path, you'll be on your phone to your granny and halfway through the conversation you'll get a load of adverts. Or you'll get sued for singing love-song lyrics down the phone (or by letter/email) to your better half.

And what about child porn, terrorist communications and other such nasties? Surely if the ISPs started to introduce this they'd lose their "common carrier" status and be responsible for every illegitimate bit of data that was sent across their fibers?

The ISPs should be entirely neutral parties in this nastiness- not giving information to either side and acting as simply a pipe. A nice phormless water pipe style system.

And is this just not a thinly veiled blackmail from the music industry anyway? And- even worse- from sections of the music industry not even operating in this country? "Do what we say or we will withdraw your internet access!" surely cannot be far from "Do what we say or we'll hit you" or "do what we say or you'll never work in the industry again".

Indeed we should stop this madness forthwith!

RW

Easy, easy, easy 

Coat

All the ISPs have to do is pull some numbers out of their asses.

For example

2006: total files shared: 3,134,223; illegal 2,702,222 (86.22%)

2007: total files shared 4,448,228; illegal 4,081,249 (92.16%)

2008: total files shared 2,100,769; illegal 1,645,953 (78.35%)

See, we're reducing the number of illegal downloads *and* the percentage as well, so give us a cookie.

After all, isn't the numbers-pulled-out-of-the-ass method what the RIAA and BPI use to generate their statistics? Who's gonna disprove these figures?

James

Bring on the law 

For ISP users it would be much better to have a law than a voluntary agreement - the rules would get some scrutiny (at least in the Lords), would be open to judicial review, and would as a result most likely require a higher burden of proof than the BPI's say so.

Mind you, as FACT is convinced that all piracy is funding terrorism they might just decide to lock up anyone that uses the internet for 42 days and be done with it...

Anonymous Coward

Go for it 

Happy

I can promise that any letter from my ISP containing allegations of this nature will be met with a letter in return to their legal department.

I'm sure whatever they send out will be poorly worded, contain little if any evidence, and will generally leave them open for a good slapping. Especially if it somehow implies they've shared their allegation with a third party.

I'm not exactly expecting anything as I don't download music, but as I suspect evidence has little to do with their letters I guess there's still a chance one will turn up.

If so, great. I could do with the entertainment.

Anonymous Coward

<sigh> 

What's with the "suspected" bit?, so now you don't even need to actually be guilty to get booted off the net?.

Oh dear.

Karl

UK ISP's 

Unhappy

Entanet/Freeola have been doing this for over 6 months now

Steven Raith

@James 

Paris Hilton

"Mind you, as FACT is convinced that all piracy is funding terrorism they might just decide to lock up anyone that uses the internet for 42 days and be done with it..."

I've been using the internet for nigh on ten years, am I going to jail? :-0

Be interesting to see how this pans out - all that will happen is that those who are serious about copyright infringement/funding terrorism as it's now known, will just up the encryption ante, in the same arms race that has been going on for a few years now.

Aside - if they can tell a secured torrent connection has copyrighted torrent info in it, why can't they find all this child pr0n that they say is floated around on 't net...?

Steven R

Blackadder

Good news for darknets! 

Paris Hilton

Not very useful today but with this new initiative there's a good chance people will start to migrate from insecure BitTorrent to secure Freenet. More users = better performance...

http://freenetproject.org

Paris, because she's an icon... (you get it? :)

Mycho

Yup, yup 

Back to the dodgy car boot sales and reasonably priced pirate dvds that I can plausibly say I thought were genuine.

Anonymous Coward

Virgin 'Bloody' Media, clones and codswallop 

Flame

Oh great... so now those of us who have been shafted sideways by VM, first by their dropping of Sky One/News, second by their shite capping system which continues to allow cloned cable modem (L)users to rape their honest customers such as myself out of any chance of getting a decent speed... now this?

I hope and pray that they dare to drop one of these letters on the doorstep of some poor cloned innocent soul who will sue the shit out of them, and maybe they will pull their finger out and do something about these m***f***ing cloners, and maybe we will get our speeds back.

Maybe Im a dreamer, but Im not the only one.

Matthew

well all i really download are TV shows anyway 

Thumb Down

how do they tell the diffenence on an encrypted connection? oh thats right they can't.. so its bloody rude to effectively call you guilty until proven innocent

Richard Waterhouse

Libel 

Stop

If my ISP were to send me a letter accusing me of illegal filesharing I would be able to issue a writ against them for libel. However, how would I then prove (as required by law) that the statement they made was false?

Anonymous Coward

The Content Doesn't Matter 

I'm sure they won't even look at what people are doing with their connections. Letters will just be sent out to high bandwidth uses. The more high users they can get struck off the better it is for them.

H.

Anonymous Coward

Let them send their letters ... 

It will just end up with the rest of the junk mail I get on a daily basis - in a landfill

ISP's have to remember who it is who lines their pockets every month ... and it's not the BPI, it's the customer.

P*ss off the customer and they'll leave and go elsewhere, I know I diid and it was an EXCELLENT decision to do so :)

Anonymous Coward

If you get a letter 

refer them to BBC. Since I downloaded BBC iPlayer, it took over my bandwidth, uploading something to someone even when it is not in use. Cheeky bastards!

JimC

Isn't "Its not our job to police the internet" 

a fairly risky thing to say to a taxation mad government, who could very easily say " fair enough, we'll do it for you, stuff a massive overhead on your systems by piss poor monitoring and charge you a fortune in taxes whilst we're at it..."

Craig

Sent away for re-education 

I don't behave like a dirty cheapskate and download my music or films for free. I've been clean for about 4 years now. This is an impressive can of worms which is being opened. I'm in a similar position as the other gentleman who says he'll go barmy if he gets a message of information - perhaps some of us are even wanting to receive some 'education'?

I can picture the future now...

Dear Mr Smith-Piehead,

Stickytape Broadband pride themselves on being industry leaders and are continuously looking to improve their products and performance. Part of these improvements involve us telling you that the Anti-terrorism via illegal music download organisation have marked you down for re-education. Your 3 day course will teach you how to pay for things and not steal them. You've been assigned to a course running in Stoke and the compulsory cost of attending is £1,043. If you do not attend, the army will come and get you.

All the best,

Ed Ioted

Boss of Stickytape Broadband.

*I am also wondering if these emails will be unsolicited and should organisations like Spamhaus blacklist them. If thousands of people complain they received them mistakenly, you'd hope they'd blacklist them, then tell the ISPs to clean up their contact list so they know they're targeting the right people, and send again.

Anonymous Coward

Boat missed completely.... 

Paris Hilton

Most filesharing now happens in our school's classrooms. All you need is 1 in 30 of our nations spotty youth to buy a piece of music and before you know it they all have it. Kids bluetoothing music like mad during lessons between mobile phones.

Love to see the RIAA try and ban education or stop and search mobile phone's :-)

Paris, because even she knows how to bluetooth music to her mates...

Vic

ummmm....how do they know? 

Paris Hilton

Someone enlighten me please. How exactly do they know WHAT I'm downloading? Do they see what sites I've visited and make assumptions or do they look at my bandwidth usage and make assumptions? Or do they snoop on the filetypes and make assumptions? Or do they raid my house when I'm out and nick my machines?

I'm feeling a little vacant of knowledge of the method by which they decide on guilt and potential disconnection.

Al

How can they tell if the material is distributable or not? 

Paris Hilton

As any fule kno, file-sharing isn't just copyrighted material. If I decide to cane my bandwidth by distributing 'legitimate' files, how will my ISP tell? Are they really going to have an army of people taking a copy of whatever I choose to torrent?

Usual story - extremely crude solution from a government in thrall to big money. Even Paris could think of a better idea.

Mark

This could all be avoided ... 

Paris Hilton

... if the record companies put in place a fair and usable system which they should have done years ago.

The problem is that they've been overcharging - no way will I pay the same price for a downloaded album as a CD. Afterall - there's no CD production, no artwork, no shipping, no shelf space, no middleman to pay etc. etc. so I simply refuse to be ripped off. I can't remember the exact figure (I'm sure someone round here will have it) which the record company bleated about a few years back that they get back from a CD sale after costs, HMV's pound of flesh etc. I think it was in the region of £1. So that would equate to about 10p a track - which actually is a little generous if its 14 tracks. At 79p a track I expect a free blow job from Paris as well.

My experience a few years back really sums up the music industry's attitude to consumers - and now why I steal all my music rather than give them a penny. I bought an album by a small indie group I like - to support them and the record label. ALL my music is on my PC as that's how I listen to it - so the first thing I did was try to rip it. Due to copy protection my PC cd drive wouldn't even recognise it. So in order to listen to it ... I had to illegally download it. I emailed the label to ask them about this - and got a very terse reply about how I was committing a criminal act by doing this - and copy protection was there to prevent evil people like me from stealing music. When I'd bought the sodding thing ! I returned the CD for a refund and resolved not to bother buying music again.

Alan

Kneejerk 

Coat

I just love all these knee-jerk reactions like "when I get the letter I'll sue their asses off for defamation", or "how are they going to tell what i downloaded over my encrypted connection" etc...

Wait till you get the letter, then see what it says.

As for "I can do what I like with my unlimited connection". Yes you can, but if you happen to be sharing copyrighted files that are not yours to share then what you're doing is a tad naughty.

Mine's the flame proof one...

Anonymous Coward

hrmm, could.. 

Flame

the last person to leave this inter-wibble-thingy...

please turn out the lights....

thank you

We appologise for the inconvienience. Normal services will resume shortly...

ho hum, looks like its back to huddling around the camp fire...

Big_Boomer

Bunch of bloody Thieves 

Flame

That's what you are if you illegally download music or movies or anything that is copyrighted. You are thieves, plain and simple.

You are not "pirates", you are stealing the fruits of someone elses work.

You may think you are cool but we know different.

You are a tightwad, scumbucket of a thief and if you get caught I hope they throw the book at you and then insert it where the sun don't shine.

Do I work for the music industry? Nope.

Am I sick of hearing tightwads whinge about how their ISP or the government is stopping them from stealing. Oh YES!

You want music or movies, then fucking pay for them!

Moz

"Ditch the Snitch Six" 

Dead Vulture

... sounds like a damn good name for the upcoming backlash campaign.

Brian Gannon

SSL wont help 

Can we finally put the SSL / encryption myth to bed? Someone simply needs to download a torrent at the same time as you and they have your IP encrtpted or not. I for one would quite happily see people sharing illegal files booted off my ISP then perhaps people who download large amounts of legitimate data will not be penalised.

Anonymous Coward

evidence, evidence, evidence 

Stop

Folks, the BPI evidence is shaky at best, simply made up at worst. If you're unfortunate enough to be a customer of one of the six ISP's taking part in this charade - switch!

These letters being a mailshot to all heavy downloaders? Er, no. Don't be fooled into thinking that AnonTelco is that joined up. The Abuse team and the Fair Use team are not the same thing and, in fact, never/rarely communicate other than to say "Hi, I've got yet another mis-directed-by-HellDesk customer for you".

Feargal Sharkey: I'm most disappointed in you. Musicians are meant to be rock n roll legends, shagging groupies and throwing things out of hotel windows. Musicians are NOT meant to be CEO's of shadowy organisations!!!

====================================================

This has been bugging me for a while, so I'm gonna get if off my chest now:

BPI protecting the rights of musicians: have any of you actually met a real, live, jobbing musician? It's a job, plain and simple, to the majority of the ones I know. A good fun job that allows the consumption of beer and access to pretty women, admittedly, but still a job. We trade on a talent for making a nice noise, in much the same that a greengrocer trades on a talent for recognising a decent cabbage.

Yeah, we pretend we're cool and we allegedly get hot chicks but at the end of the day we're doing a job.

I'm struggling to think of a good analogy here, but I guess it's like this: Most jobbing musicians (that I know) are like good/high quality sunday league footballers. We're never going to be well known, and we're never going to be make a lot of money out of it. The best could will make a living, if they're lucky, the majority of us have to supplement that with other things.

The BPI protects the Beckhams and Ronaldo's of the music industry, and very definitely not your everyday musician. So as a (very much part-time) jobbing musician, do I give a toss about the BPI?

Nope.

So let's stop with the "protecting the rights of musicians" lark, shall we? It just pisses me off. If I want my rights protected, I'll join the Musicians Union.

Vernon Lloyd

What a Load of B*ll*cks 

IT Angle

Virgin are increasing 4Mbit Broadband to 10MBit free of charge at the end of the month.

In one hand I have the ability to download 1.25MB of Data a Second or 75MB a minute, or 4.5 GB an hour or 108GB a day. In theory then how long exactly would it take me to get past the fair usage policy? I would imaging less than a day.

In the other I have a letter threatening me with disconnection due to sharing illegal files.

What is the frigging point in having 10Mb then for?

Does the data protection act not protect me, or has the terrorism act overridden that. Will it become illegal to encrypt everything just incase you are sending instructions on bomb making.

Where will the complete and utter B*ll*cks stop

bob

Fair Share 

One of the strongest arguments the music industry puts forward is that piracy stops the artist being paid for their work. This argument only holds water if the artist is getting a fair cut - does anyone know roughly what percent of the price of a legal download goes to the artist? Is it the same from iTunes, Tesco, Play etc? How does it compare to CD? Anyone know?

Pete

ISPs not obliged to provide service 

Setting all this moral outrage to one side, and ignoring all the huffing and puffing about what people wish they had the b@lls to do if/when they get "a letter".

Never forget that you have a commercial agreement with your ISP. They can terminate it, providing they give due notice, whenever they want. If you are suspected of sharing files they don't like - or doing anything else they don't like, they are under no obligation to keep you as a customer. They are well within their rights to cut you off. Giving you a chance to change you behaviour is a courtesy.

Be thankful that so far there is no sharing of banned customers names between ISPs, nor is there a question on the application asking if you have previously been kicked off another ISPs network.

While films will continue to be made and distributed by centralised organisations (the cost is too high for an independent model to produce the quantity / quality), music has no such restrictions. As more artists cut out the middle-leech, we can all hope and pray that these acts of increasing desperation are the dead-throes of the fatcats. With luck, in 10 years or less, the monolithic music industry will be dead: replaced by a thriving network of small suppliers who embrace the internet for it's low-cost and reliable transports.

Neil

Guns? 

Isn't this exactly the same thing as making Smith & Wesson responsible for ensuring that their products aren't used to shoot people, and then rounding up those who do and handing them over to the police?

Anonymous Coward

@craig Shurely some mistake 

Steady on there Craig.

Everyone knows that you have to be paid 1043GBP to spend three days in Stoke ( on Trent).

Or to put it another way, if i were guilty of the crime of illegal downloading i would rather keep Her Majesty pleasured rather than spend three days in Stoke.

Maybe the Government is missing a trick. "You are sentenced to three days in Stoke on Trent" should do wonders for reducing the crime rate, or at least that part of it which ends up with a conviction.

Note there is no joke alert.

from Oatcake Stokie

dephormation.org.uk

Users need educating about copyright? 

Alert

That would be the same hypocritical ISPs who are proposing mass copyright theft of web pages using Phorm Webwise spyware?

Infotainment video for ISPs who don't understand why stealing copyright pages might get them into lots of trouble;

http://www.dephormation.org.uk/video/copyright.wmv

And for everyone else, cut them off. Find a Phorm free ISP.

Clint Sharp

@Steven Raith 

Paris Hilton

'Aside - if they can tell a secured torrent connection has copyrighted torrent info in it, why can't they find all this child pr0n that they say is floated around on 't net...?'

Oooh difficult one... perhaps because they aren't 'losing' revenue.

Oh won't somebody think of the children^h^h^h^h^h^h^h^h profits?

Working towards having a completely pirated music collection here, I'm format shifting all my old vinyl and tape collection onto MP3. Raise the skull and crossbones me hearties...

F*ck the BPI and Fergal Sharky, bunch of teenage pricks who can be beat.

Paris, she knows what it's like to have media shared illegally...

JonB

Re: Libel 

>If my ISP were to send me a letter accusing me of illegal filesharing I would be

>able to issue a writ against them for libel. However, how would I then prove (as

>required by law) that the statement they made was false?

Well, there's good news and bad news...

The good news is that to demonstrate the defamation all you have to do is produce the letter, the burden of proof is reversed in libel cases and it would be up to them to prove they were right.

The bad news is that it's not a public defamation since it's a private communication and not public you haven't been defamed. If they published the list however....

frymaster

Problem with a kick-people-off scheme... 

... is that they _will_ get some wrong. Assuming they're still going down the "BPI gives us IPs and times" route, it relies on the BPI being rigorous enough (checking the downloads are what they say they are, checking the person is actually uploading, checking their uploads aren't mince), and the ISP being rigorous enough (apparently BT's IP-to-user script is a joke, and what happens with cloned cable modems on Virgin?)

I think this is what VM were trying to achieve with the pass-along-letters-but-do-nothing scheme - hoping to assuage the govt without actually taking action ;)

Brev

Getting evidence for defamation and libel cases 

Flame

Someone asked how they'd get information out of the ISP for evidence of the 'crime' they are supposed to have comitted when they get one of these letters

Use the Data Protection Act. 1 month for them to give all the personal info they hold about you i.e the traffic records from your IP address.

It will cost you a nominal sum but a few of these request and the ISP's will be soon backing off as their costs rise.

Ascylto

Get Beardie 

Mass migration from the Beardie Empire would sort this one out pronto!

Anonymous Coward

I'm with AC, back up. 

Alert

Most ISPs are too bloody lazy to do it properly, they will simply see how much your pulling down, if it's coming via port 6889, then that's that, you get a letter.

Most will simply see it as a bloody good excuse to send nasty letters to high bandwidth users for the bloody sake of it, regardless of the type of traffic!

Sam

Six arseholes 

The six are; BT, Virgin, Orange, Tiscali, BSkyB and Carphone Warehouse.

Fergster

BBC coverage 

Interesting to see BBC News woful coverage this morning - during their little spiel about illegal downloading which showed people used Limewire and torrent sites there were shots of people using iTunes!!!! Oh yes, buying items from the iTunes Store is illegal!

Does make me wonder how this is going to be monitored. I use an Apple TV at home and am often streaming god-knows-how-large files over my connection when I choose to watch a HD film. I'm sure that would set off some alarm bells if they were just monitoring your bandwidth use.

Gulfie

Menacing illegal filesharing, or menacing Bittorrent users? 

Pirate

There was a time when I downloaded copyright material, but thanks to iTunes I can now buy my favourite individual tracks without shelling out for a whole album, and thanks to the various catch-up TV services on the net I now don't need to download that missed episode of Doctor Who. And of course I have my digital TV card so I can record most of what I want to keep long-term straight on to my PC anyway.

My use of bittorrent these days is legal downloading - copies of VMWare OS images is the biggest slice. Will my ISP (plusnet aka BT) do some leg work to find out what it was I downloaded before hitting me with a warning? Of course, that would involve interception of my traffic and/or downloading the same torrent themselves - after all who's to say that a torrent named 'ubuntu complete archive 4' isn't actually Dr Who series 4 complete in HD? Or visa versa - something that might sound like an illegally shared file might in fact be legal - "Windows XP SP2" could be the entire OS (definitely illegal) or just the service pack (probably legal). Go wrestle with that one, ISPs.

All Bittorrent users are about to be tarred with the same, very large, brush because the alternative is commercially unsustainable - the ISPs would have to inspect every torrent and decide if it is legal or illegal. Cheaper to provide that extra bandwidth we were all told we have, methinks.

I don't think that this approach will work long term - once a couple of legal file sharers have been incorrectly pursued and then sue in return. Either the ISPs will stop. After all, they can't block unidentifiable traffic - for example running Bittorrent using SSL on port 443, the ISP can't tell what it is, the traffic looks no different to any other SSL traffic, just that there is more of it.

It's long past time that the copyright holders - here I mean mainly the music and film industry - move on from the outmoded licencing terms that they are trying to enforce. Copying and distribution will continue with or without current file sharing technology and the internet.

Cory Doctorow's "Little Brother" explores the concept of large-scale encrypted information exchange and the likely impact of attempts to control what information is shared via the net. An interesting read.

Geoff Johnson

Entrapment 

Last time it wasn't packet inspection that got people a nasty letter. The BPI seeded torrents of albums and logged the IPs of the people who connected to the swarm. Then they got the ISPs to send the letters to the IPs owner at the time.

Not sure of the legality of offering to give away a free copy of an album then sending nasty letters to anyone who takes you up on it.

Anonymous Coward

Silver Lining 

Thumb Up

Look on the bright side chums. All you people moaning about the shit connection speeds you currently endure due to these little issues of line contention... the throttled bandwidth that results when the likes of VM put caps your line....

... there will be a remarkable improvement in your service (If you haven't had one of those llittle letters naturally).

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