back to article OWN GOAL! 100s of websites blocked after UK Premier League drops ball

Hundreds of legitimate websites were branded pirates and effectively kicked offline this week - after a court ordered UK ISPs to block access to an IP address they all shared with a copyright-infringing site. That network address - 96.45.82.196 - resolves to DNS Made Easy's http-redirection-d.dnsmadeeasy.com service, which is …

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    1. Richard 22

      Re: Interesting...

      Given the wide range between high and low, that suggests a good degree of uncertainty in the numbers. So why not "between £5m and £9.5m in annual revenue"? Looks like their expert has confused preciseness with accuracy. Or hoped the court would make this mistake.

      "I wish I could estimate my annual google adsense income with that level of precision."

      I'm sure you can. In fact, I'll do it for you. £1832.47.

      1. James Micallef Silver badge
        Thumb Up

        Re: Interesting...

        "Looks like their expert has confused preciseness with accuracy. Or hoped the court would make this mistake."

        Spot on

    2. Graham Cobb Silver badge
      Holmes

      Re: Interesting...

      and why does opposing council not label it a clear case of 'excrementum bovum'?

      Because there is often no opposing counsel in these cases.

  1. Roo

    Presumably the affected consumers / businesses can seek redress from the judge who prevented them from going about their legitimate business...

    1. Pen-y-gors

      Sue FAPL for redress

      Nope, looks like the judge relied on 'evidence' from FAPL, which was wrong, so it's FAPL's fault and they are the ones to provide redress:

      from the judgement: " First, the orders require IP address blocking of the IP address for FirstRow's domain name firstrow1.eu . FAPL's evidence is that this will not result in over-blocking since that IP address is not shared. The orders also require IP address re-routing and URL blocking for URLs at any shared IP addresses. "

      1. Gordon 11

        Re: Sue FAPL for redress

        Nope, looks like the judge relied on 'evidence' from FAPL, which was wrong

        Isn't that perjury - or contempt of court? (IANAL)

        Either way, the judge in the case should have them back up in front of him/her pronto for bringing the court into disrepute..

      2. Anonymous Dutch Coward

        Re: Sue FAPL for redress

        I don't know how the legal system works over in the UK but the judge gave the court order, didn't he? So he should be responsible for the mess.

        What he then chooses to take out on FAPL is his concern, but not something the poor (sniff) sites that have been wrongfully blocked should have to concern themselves with.

  2. Anonymous Coward
    Anonymous Coward

    Does someone want to volunteer to forward this article to Clare 'OMG Won't Somebody Think Of The Childrenz!!!1!one' Perry MP as a shining example of why her half-arsed porn-filtering idea is doomed to failure?

    Feel free to reinforce the lesson with a length of Clue-by-Four at your discretion.

    1. VinceH

      You mean something like this?

      1. Anonymous Coward
        Happy

        Oh yes!

      2. andreas koch
        Thumb Up

        @ VinceH -

        Absolutely fabulous!

        While it is, of course, dangerous to do this (in Ms Perry's eyes you are siding with child molesters, rapists, pirates and terrorists), I applaud your move. I don't think you'll get a lot of response on it, though; at the most something like: "The technology will improve but we have to protect the vulnerable from danger right now. Isn't that worth a bit of temporary inconvenience?".

        Don't forget that these people are not very technically minded (I'm deliberately avoiding derogatory terms here . . .).

        Anyway, have a thumbsup from me for this!

        1. N000dles
          Black Helicopters

          Re: @ VinceH -

          You can be damn sure the technology will improve. The current thinking will turn out to be a massive fail and the only way we will be able to protects the kiddies from the pedophile terrorists is to mandate Deep Packet Inspection on everything. This whole thing is just the first stage in getting us all to accept that ALL our communications will be logged, filtered and approved by the thought police in future.

        2. VinceH

          Re: @ VinceH -

          "While it is, of course, dangerous to do this (in Ms Perry's eyes you are siding with child molesters, rapists, pirates and terrorists), I applaud your move."

          Hence the wording. I merely asked for advice on how to avoid the problem from two experts on the subject, rather than pointing out that filtering is wrong because of the article. I mean, they are filtering experts, aren't they? They certainly seemed to have spoken out a lot about it recently, so I assume they must be. :)

  3. Timmay

    0.0.0.0/0

    Hmm, I see said dodgy website uses an IP address, therefore Mr Judge, can the ISPs block 0.0.0.0/0, that should do it......

    1. Anonymous Coward
      Mushroom

      Re: 0.0.0.0/0

      Don't you fucking dare!

    2. andreas koch
      Go

      @ Timmay - Re: 0.0.0.0/0

      . . . and 224.0.0.0/4, as you're at it.

      1. Sir Runcible Spoon
        Headmaster

        Re: @ Timmay - 0.0.0.0/0

        " . . and 224.0.0.0/4, as you're at it."

        Sorry, but that's redundant.

    3. Anonymous Coward
      Anonymous Coward

      Re: 0.0.0.0/0

      Wait for the - please block http://*.*

    4. Number6

      Re: 0.0.0.0/0

      IPv6 FTW!

      1. Timmay
        Trollface

        Re: 0.0.0.0/0

        Fine, please also block 0:0:0:0:0:0:0:0/0 too

        1. Anonymous Coward
          Anonymous Coward

          Re: 0.0.0.0/0

          @Timmay,

          That would be ::/0

  4. Zippy's Sausage Factory

    I can imagine quite a few large companies not being happy with being accused of being pirates by the FAPL. I can also easily imagine that this is quite possibly going to cost the FAPL quite a few pennies in out of court libel settlements, too.

    1. Alan Brown Silver badge

      "I can also easily imagine that this is quite possibly going to cost the FAPL quite a few pennies in out of court libel settlements, too."

      What's put forward in court can't be used as the basis of a libel claim.

      What's said OUTSIDE of the court by FAPL is fair game though.

  5. Anonymous Coward
    Anonymous Coward

    Legitimate sites blocked

    Legitimate plays by the bard blocked.

    Soon the only sites you will access will be government sites. And that's only if you past the turing test, which goes a little something like this.

    *website prompt - Please enter Turing's sexuality in the space provided

    * you - GAY

    *website prompt - you are forbidden from looking at this due to terminology that you have used, the collection team have been alerted to your address.

  6. Marvin O'Gravel Balloon Face

    Seems that the courts are taking on trust whatever the complainants are telling them about the IP addresses - which I can understand in terms of expediency (they don't have the resources or knowledge to know better) but it doesn't look good from a legal point of view.

    Also, it seems like the ISPs are going out on a limb a little bit by restoring access unilaterally - and fair play to them for going against the letter of the court order and implementing a bit of common sense by restoring access to the sites.

  7. Don Dumb
    WTF?

    And the Premier League would rather it continued

    The BBC had more on this, and it has a pretty arrogant and chilling statement from the Premier League. As I can't see the corrections button -

    "The Premier League said it had never intended legitimate sites to be affected. But it also expressed concern at the idea that the ISPs were taking unilateral action.

    "The court order that requires internet service providers to block this website clearly states that any issues they have in implementing the block must be raised with the Premier League before taking any further action," said a spokesman.

    "This is the first we have heard of this issue and are looking into it as a matter of urgency.

    "The fact remains that the High Court has ordered an injunction requiring ISPs to block First Row Sports and we will continue to implement it and expect the ISPs to respect the ruling."

    So in summary, FAPL (FA Premier League) didn't intend but certainly *don't care* if anyone is harmed, they expect everyone to get screwed until *they* decide to take action. Considering FAPL aren't responsible for ensuring internet service (that *was* the ISPs job), they have no incentive to actually sort the problem in any reasonable timeframe.

    While the ISPs may be breaching the specific court order, I would rather that they do breach it to ensure that no one the order wasn't intended for doesn't get affected, while also forcing the FAPL to act a lot more quickly. My bet is that if the ISPs carried on waiting for FAPL to decide, FAPL would take a lot longer to take any corrective order action.

    1. Don Dumb
      Facepalm

      Re: And the Premier League would rather it continued

      And now, having posted, I can see the corrections button.

    2. R Varia

      Re: And the Premier League would rather it continued

      I saw this and it just reinforces what a bunch of arrogant p***ks EPL are. They are not sorry in the slightest about getting their facts wrong.

    3. VinceH
      Facepalm

      Re: And the Premier League would rather it continued

      "While the ISPs may be breaching the specific court order, I would rather that they do breach it to ensure that no one the order wasn't intended for doesn't get affected, while also forcing the FAPL to act a lot more quickly. My bet is that if the ISPs carried on waiting for FAPL to decide, FAPL would take a lot longer to take any corrective order action."

      My thinking was that I'd rather they didn'tbreach it, precisely because it does affect other websites - and therefore the people visiting those sites.

      Why? Because the longer the block remains in place, the more people (Joe Averages, who don't understand how these things work) are going to notice, and sit up and pay attention to those of us doing what is depicted in my choice of icon.

    4. Alan Brown Silver badge

      Re: And the Premier League would rather it continued

      Does the UK allow for class action suits?

      If so, this could get rather interesting - with the plaintiffs being the damaged parties and FAPL being the defendant

    5. Number6

      Re: And the Premier League would rather it continued

      FAPL is now aware of the problem and the damage it may be causing to other legitimate businesses so it should either immediately tell the ISPs to lift the block until it has sorted a better way of imposing it, or should start paying compensation to the parties suffering loss due to its continued action.

  8. Colin Millar
    Coat

    192.168.0.1

    Thats the one they should be going after

    1. Anonymous Coward
      Anonymous Coward

      Re: 192.168.0.1

      Not to mention 127.0.0.1 - there's an IP address which is a hive of scum and villiany if ever there was.

      1. Anonymous Coward
        Anonymous Coward

        Re: 192.168.0.1

        I took a look once. You're right - you wouldn't believe the stuff I found. Worst of the worst, and no doubt.

        In news related to this article, the image juxtaposition in the spotlight section works out quite nicely right now...

      2. Anonymous Coward
        Anonymous Coward

        Re: 192.168.0.1

        I don't want to over-geek a light-hearted comment, but ISPs can't block anything downstream from their connection. Although they could block 192.168.0.1 if you have an ISP supplied self-updating router (ahem BT Home Hub).

        1. Shades

          Re: 192.168.0.1

          I don't want to over-geek a light-hearted comment, but ISPs can't block anything downstream from their connection. Although they could block 192.168.0.1 if you have an ISP supplied self-updating router (ahem BT Home Hub).

          WOOOOOOOOOOOOOOOOOOSSSSSSSSSSSSHHHHHHHHHHHHHH

    2. tentimes
      Facepalm

      Re: 192.168.0.1

      Bit like sticking finger up your own bum.

  9. Frankee Llonnygog

    Grounds for prosecution of the Premier League

    Police and Justice Act 2006, Section 36

    Unauthorised acts with intent to impair operation of computer, etc

    For section 3 of the 1990 Act (unauthorised modification of computer material) there is substituted—

    “3 Unauthorised acts with intent to impair, or with recklessness as to impairing, operation of computer, etc.

    (1) A person is guilty of an offence if—

    (a) he does any unauthorised act in relation to a computer;

    (b) at the time when he does the act he knows that it is unauthorised; and

    (c) either subsection (2) or subsection (3) below applies.

    (2) This subsection applies if the person intends by doing the act—

    (a) to impair the operation of any computer;

    (b) to prevent or hinder access to any program or data held in any computer;

    (c) to impair the operation of any such program or the reliability of any such data; or

    (d) to enable any of the things mentioned in paragraphs (a) to (c) above to be done.

    (3) This subsection applies if the person is reckless as to whether the act will do any of the things mentioned in paragraphs (a) to (d) of subsection (2) above.

    (4) The intention referred to in subsection (2) above, or the recklessness referred to in subsection (3) above, need not relate to—

    (a) any particular computer;

    (b) any particular program or data; or

    (c) a program or data of any particular kind.

    (5) In this section—

    (a) a reference to doing an act includes a reference to causing an act to be done;

    (b) “act” includes a series of acts;

    (c) a reference to impairing, preventing or hindering something includes a reference to doing so temporarily.

    (6) A person guilty of an offence under this section shall be liable—

    (a) on summary conviction in England and Wales, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum or to both;

    (b) on summary conviction in Scotland, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum or to both;

    (c) on conviction on indictment, to imprisonment for a term not exceeding ten years or to a fine or to both.”

    1. Tom 38

      Re: Grounds for prosecution of the Premier League

      Ah yes, but this would be "Not in the Public Interest", so no suey-suey.

      1. Frankee Llonnygog

        Re: Grounds for prosecution of the Premier League

        This is criminal, not civil law

  10. JimmyPage Silver badge
    Facepalm

    Basic tort law ?

    Surely an innocent commercial website that can demonstrate a monetary loss would have standing to take the ISPs to court for damages ? I would humbly suggest on a basis of negligence.

    Assuming a high-profile win, with lots of zeros attached, then I can see blocking going the way of the dodo.

    Of course the ISPs may then have standing to sue the people who provided the dodgy information - more for incompetence.

    When Big Dave was wibbling on about blocking a few weeks back, I suggested that ISPs would be forced to up their prices, to cover snafus like this. Which will kill it dead.

    1. Jellied Eel Silver badge
      Big Brother

      Re: Basic tort law ?

      <blockquote>Surely an innocent commercial website that can demonstrate a monetary loss would have standing to take the ISPs to court for damages ? I would humbly suggest on a basis of negligence.</blocking>

      You may be negligent in picking the target of your sue-ball. ISP produces copy of the court order specifying the IP address to be blocked. ISPs block it. I would humbly suggest we need to see a copy of the court order first and what actions that instructed the ISPs to take.

      1. Frankee Llonnygog

        Re: Basic tort law ?

        The fact that some ISPs have taken it upon themselves to rescind wrongfully applied blocking could be taken as admitting liability

        1. peter_dtm
          Childcatcher

          Re: Basic tort law ?

          last I looked we still have common law etc

          so the removal of the block is just 'what the man on the Clapham Omnibus would think reasonable'

          we are still a smidgin away from having Napolionic (most Europeam States & especially EU) law thrust down our throats.

          We are ALLOWED to apply common sense as a defence.

    2. Demosthenese

      Re: Basic tort law ?

      The ISPs would have no obligation to third parties to provide access to their websites, and can filter whatever they like, with no duty to those sites.

      They do however have a contract with their customers - whether this contract requires them to provide access any particular sites or category of sites depends on the details of those contacts.

      1. Alan Brown Silver badge

        Re: Basic tort law ?

        You may be correct about the details of the contracts, however GETTING them to cough up what's in their filters is virtually impossible.

  11. Anonymous Coward
    Anonymous Coward

    Block the premier League

    As the FAPL have expressed an absence of concern about collatoral damage, I suggest that all ISPs immediately add the FAPL themselves to the list. After all, they can hardly complain...

  12. paulc

    Sue the pants off them...

    FA Premier League, they're rich enough to employ proper investigators and should NOT have made this stupid mistake.

  13. HereWeGoAgain

    Surely the 'rights holders' can be sued

    for directly causing problems for these innocent third parties?

    And perhaps an offence under RIPA too.

  14. Anonymous Coward
    Anonymous Coward

    Accountability?

    So rights holders have no accountability for any fuck ups?

    Can affected sites not sue the right holders for lost traffic/revenue?

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