How to enforce
And how exactly are ISPs expected to get this info? Mass data gathering and privacy infringement again?
Australia's internet service providers (ISPs) and Big Content have released a first draft of a proposed anti-piracy scheme. The TL;DR version is that the plan calls for Big Content to indemnify ISPs, so that after a three-strikes regime has played out in letters ISPs hand over customer contact details and Hollywood can let …
"And how exactly are ISPs expected to get this info?"
They don't. As I understand it, Big Media <TM> tracks the IP address of the culprit down, the ISP is forced under legislation to match that up to a user in their database, and again up to the ISP to send the letters.
In other words, Big Media <TM> is making the ISPs do their dirty work for them.
I have received maybe 30-40 notices, from a "vibole on Viacom's" behalf ...
NOT a File they have accused me of downloading of exists here, all shows I have never seen or in infant kids, foreign languages, some Online TV shows, which later I found are on youtube,..
It only happens if I Connect to a ed2k server, server get shared REQUESTS on network, it confuses brain dead software see my PC as network client supporting others in network by relaying REQUESTS & they send you a notice, So don't stay connected to a server, do a search, leave, but if if that works, it works for ALL, so the real "problem" is missed, cause their IP P2P Detective software is crap ...
I think answer is, for the Government to Setup & Operate, a licensing Fee Collection Service, linked to a "PayPal" like account, that uses BitTorrent ED2K & Others to collect Appropriate Fees to Copywrite Works, by giving say Copywrite 90% & Net Tax/admin 10%, they would more money in studio coffers, USE the EXISTING networks, no need for huge centralized Servers to stream hi speed content, and infrastructure to support it being so "Critical" & maybe a revenue stream thru Tax/admin & it saving money in enforcement, detection, P2P using less Network Resources ....
If anyone is paying $pittance for a VPN service ONLY to hide their tracks while torrenting, why not just pay $pittance for Netflix or similar? It's a bit more expensive but also more convenient AND some of that money goes towards artists creating teh content.
Of course there's plenty of other reasons to use a VPN...
I'd love to sign up for Netflix, but unfortunately since they don't have a native Linux client I'm not able to - I refuse to play video in a browser or using wine, since there's no guarantee that either of these methods will provide an acceptable experience and still work tomorrow (flash-based browser videos are not smooth, and wine is notoriously unreliable between updates).
Even if they did have a Linux client, my internet speed isn't fast enough to be able to stream high-quality video, so they'd need to let me download the whole movie before I start watching it. And the next time I watch it (which might be the next day), I don't want to have to download it again - data costs money. So they'd need to let me download it and re-watch it infinitely.
I won't sign up for netflix until I get a guarantee of an acceptable experience.
I dunno, all these plans to stop piracy. The time, effort and money spent on them. And they wont work. We all know they wont work. It's almost as if they are just 'going through the motions'. Half arsed regulations, without teeth, that can be easily circumvented anyways.
Media companies : start providing quality stuff, thats affordable and conveniently accessable to consumers. Piracy would all but vanish.
The media companies are in this for the long game, total control of all content just like the old days. If ISP's wont host content that hasn't been sanctioned by big media then the only channel for artists is big media. We already have a view of this in youtube where you don't even need to own the rights to content to have it withdrawn under a DMCA notice. If all content is scanned for any infringing words or melody from the last 150 years - you aint singing unless you're signing. Unfortunately their push for control has coincided with a lull in societies acceptance of eugenics and the promotion to positions of power of some truly worthless individuals.
let's also stop calling this "piracy" - which simply plays into the emotional argument framing people as blackhearted evildoers - and call it "unauthorised copying".
most of this copying /does not/ result in the downloaders making a profit by reselling - people are simply responding to the egregious pricing by old-world distributors who want to maintain gross revenue and rely on distorting markets through litigation and lobbying.
My experience from living and working in australia is that the main blocker to people pirating stuff was stupidly expensive bandwidth fees - it the first time I've seen people (ok, nerds) going to a party with a hard drive and copying media from each other because your 20Gb a month didn't go that far. Last time I saw that in the UK was 10+ years ago.
The second, most important thing media producers can do to help stop piracy is just do simultaneous releases with the rest of the world. There were plenty of times that australian releases in the cinema were taking place the same time that DVD releases were happening in the rest of the world, TV is somewhat worse.
Do they even have Netflix yet? I heard some rumblings a few weeks ago about that.
"When did Australia become a fascist state? So it's not just the UK whose politicians are a bunch of limp-wristed, greedy arseholes."
I dunno. You could try not stealing stuff? And paying for what you use?
With copyright infringement, the punishment should fit the crime. The economic damage is quite small in the individual action, but large in the aggregate. It is reasonable when most people pay to take some kind of action against repeat offenders.
Maybe a points system plus community service for people who ignore warnings and keep on stealing.
"Maybe a points system plus community service for people who ignore warnings and keep on stealing."
Top plan. So we'll have bankers, lawyers, politicians and media company excecutives out sweeping the streets pretty much all the time then? No?
Or is it easier to go after the little guy? The weak? The powerless? The proles? Sure, let big business (of which I'm counting big media companies who bleat about piracy) keep stealing from us all. Let's ignore that : people who have downloaded 4 films from TPB are the real criminals here. As I say. Top plan.
"Top plan. So we'll have bankers, lawyers, politicians and media company excecutives out sweeping the streets pretty much all the time then? No?"
Sounds fine to me, although you are very soft on bankers. The punishment should fit the crime.
Piracy is largely conducted by the middle class and destroys working class jobs.
"Piracy is largely conducted by the middle class and destroys working class jobs."
I'd call this bullshit but no bull is large enough to make such a huge pile of shit.
As shown by France's three strike laws, trying to kill piracy via this means actually resulted in a drop in actual legal sales. Piracy drops, sales drop thus it can be concluded that anti piracy laws destroy working class jobs......
At least in the United States, copyrights and patents were only supposed to be for a very limited time (US Constitution), however the greedy politicians have extended this to over 120 years. Not exactly what the
founding fathers had in mind. Also, these copyrights are being inforced to remove criticism of various companies. So if I criticise Apple Iphones, this post could be pulled due to a DMCA takedown
About the USA, I Posted this elsewhere on El-Reg, but maybe it belongs here, Apparently it is a Old Problem like 1840's & before ...
Alexis de Tocqueville : "It is odd to watch with what feverish ardor Americans pursue prosperity. Ever tormented by the shadowy suspicion that they may not have chosen the shortest route to get it. They cleave to the things of this world as if assured that they will never die, and yet rush to snatch any that comes within their reach as if they expected to stop living before they had relished them. Death steps in, in the end, and stops them before they have grown tired of this futile pursuit of that complete felicity which always escapes them."
“Society will develop a new kind of servitude which covers the surface of society with a network of complicated rules, through which the most original minds and the most energetic characters cannot penetrate. It does not tyrannise but it compresses, enervates, extinguishes, and stupefies a people, till each nation is reduced to nothing better than a flock of timid and industrious animals, of which the government is the shepherd.”
Indiana Jones and the Temple of Doom "Chattar Lal - Dr. Jones, in our country, it's not usual for a guest to insult his host."
So No Probs Bob, have the people who paid fees to people who made pencils, napkins, notebooks(paper), paper, Crayons, Texta's, Anything used to draw, Anything used to record, all their royalties?
The people who design Typewriters, Teletype, Walkie Talkies ie: Nikola Tesla & others responsible for 20th century ? (no Westinghouse & others, screwed him, on Copywrite)
Companies in Computer field that were swallowed and spat out for a key patent ?
No but build a network, give users the capacity, then decide it's ok for companies & "intelligentsia" but NOT P2P....
OK do what the "establishment" is good @, admin, collect & audit it, BUT not because your "system" allows it, because information unshared in useless, more minds that see it, transforms original info into NEW DATA ..
"The economic damage is quite small in the individual action, but large in the aggregate"
Please don't fall for Big Media's lies and statistics.
The vast majority of people who download content would NEVER buy that content anyway. Half the time they just download it, watch 3 minutes and then delete it. Media companies count the number of downloads and scream "2 million lost sales" when in actuality, virtually none of those 2 million people would pay for it anyway.
"With copyright infringement, the punishment should fit the crime."
Damn straight it should. If I get caught pirating a TV show I should be forced to watch ads.....
What? I go to jail and pay hundreds of thousands of dollars? Doesn't look like the punishment fits the crime then........
"I dunno. You could try not stealing stuff? And paying for what you use?"
Okie dokie Doctor Jones! Here are my requirements, hold onto your potatoes!
- Linux support, or standard video files that xine can play (at a minimum your client needs to support LIRC, and I need a phone number I can call for support if your client doesn't work properly).
- I need to be able to download the whole movie and re-watch it an infinite number of times. I would use hundreds of gigabytes per year just from re-watching Star Wars. Either that or you'll need to subsidise my bandwidth.
- Needs to be easier and more reliable than going to TPB or JB Hi-fi. Needs to include any obscure thing I might want to watch, like full frontal, the curiosity show, or a TISM concert.
- Price needs to be MUCH lower than buying the DVDs.
So if you can just let me know a place that fills my requirements I'll start paying for what I see IMMEDIATELY.
I have two sons living with me, one of whom has a girlfriend who also lives here.
The house is owned by me, and the account that we have with our ISP is in my name. Everyone living in the house has free and open access to the ISP account via WiFi.
I have no idea how each individual uses our shared internet connection, nor do I wish to know. I am letting them use my ISP account in much the same way that I let them use the water and electricity supply. If they choose to drown or electrocute somebody, I am not legally responsible.
Unlike the situation with the water or electricity, am I to be held responsible for the actions of these other people? Must we have four separate ISP accounts? We have a single copper wire land line connection. As with the water and electricity, I don't even think four separate accounts over a single connection are possible.
How do I avoid being held responsible for the actions of other adults, if there is no mechanism provided for me to do so?
If you're then only adult in the house, it's likely you would be considered responsible. If your sons etc. are over majority age, big content should have to prove who did the deed. Of course big content don't give a crap about this and will attempt to sue whomever the holds the account linked to the infringing IP address regardless of how many other people had access.
You don't - and that would be your argument in court if they tried to come after you, they have to prove that YOU the individual has committed the heinous crime of downloading the latest episode of Game of Thrones. However, if they had enough proof and were somehow granted a warrant to have your house searched and they found said infringing media on your sons computer - it would be them who would end up prosecuted.
The EFF have already said that by opening up a small percentage of your network to be a publicly accessible, unencrypted hot spot (think BT Fon, or if you have DD-WRT etc a "Guest Network") this will pretty much cover you in court as it couldn't be proven if you had actually done it.
"How do I avoid being held responsible for the actions of other adults"
You have no authority in your own household. And somehow this is someone else's fault?
If your children have been brought up not to tell right from wrong, then it sounds like you deserve everything that's coming to you in life.
Like the people who where hauled before courts over this ? All "innocent" but subjected to months of wrongful accusations & imprisonment, CAUSED by the holes in windows & other OS, So If law enforcement can't be sure of where it was coming from then, now with new "admissions" regarding NSA etc, how can traditional forensic methods still apply to this virus infected windows & OSX ?
With currently infected routers, especially any embedded gizmotron, NBN gateways not receiving a patch in 6-7 months that I have had one, and my home routers have had 1 each, these are the backdoors that crooks ALSO use ....
Clean Desktop OS's, and routers free of Spyware backdoors & maybe people may be able to lock down their systems ...
And not all Download sites are illegal, www.archive.org, a American site, offering PD movies & Film & books & Audio & Computer Software, a site use frequently & mirror files to ed2k, but because I am a part of network doesn't mean I am downloading the file, seeing searches in network as files, means their "detective" software is dingo-dung ...
Few societies have been as enthusiastic about eating their own young as Japan. Their rapidly declining population is evidence of the wisdom of their decisions. If the remaining otaku or emerging low waged underclass don't consume enough magical fighting school girl anime from Sony Entertainment and its ilk then the solution is obviously to lock em all up. As with much of Asia, nothing of consequence can ever be discussed because such topics are sensitive issues that go against the grain of social cohesion and conformity. Making people uncomfortable is impolite. Japan's hell bent desire for national seppuku rather than facing up to the failings of its elders is perhaps not the best model for anyone else to follow. Many studies have shown a relationship between piracy and paid for media consumption. If nothing else piracy demonstrates and area of demand that can be exploited - assuming your company is not so far up its own backside prattling on about business is war that it can see an opportunity. While it is not like Sony to completely fail to read a market these harsh laws against sharing have perhaps dealt it and other corporate sponsors of fascist stupidity a blow. Not that that is entirely a bad thing.
'A second allegation of naughtiness within twelve months will result in the despatch of a “Warning Notice” ...'
'Naughtiness' by itself is a simple notion, so what's its actual extent? A single encounter with a file-sharing site that would make the Ort Cloud seem close, or one that would make Kim Dotcom feel overly satisfied.
Exactly how this is played out will be its key to success or failure.
As a person who feels that movies of the 1930's are overly modern, it's unlikely I'll ever encounter Hollywood's wrath, but it seems to me that many such industry agreements are dangerous and often fail. Also, using a surrogate cop for any reason is fraught with problems, especially one who is under duress to perform. Sometimes the antiquated procedures the law may be a better option, and this may be one of them.
Seems a worry for some, I'll bet there'll be blood on the floor before it's over.
A VPN makes a connection appear to come from somewhere else. So let's say you start a VPN on your router and make it the default gateway, then all your connections to Google, Facebook and anywhere else would seem to come from the other end of the VPN. In this case it would be impossible to separate out which computer at your end made what connection unless you keep records.
Now, if one of the computers behind your router started a VPN, again all connections made through that VPN would appear to come from the VPN gateway. It is possible that the VPN gateway might keep a record of where that connection was started from but due the joy of NAT, and provided you don't keep records, it will be impossible to tell which system behind your router started the connection.
However, you should note that through things like browser fingerprinting etc it may be possible to tie a connection to a machine behind a VPN.
A proxy will also have a similar effect but with all of these things you have to hope that the provider either does not keep records or store traffic streams.
Also note that eg a US VPN will make you appear to come from the USofA and sites like Google and Amazon will give you the .com instead of your preferred country version with hilarious results if you buy stuff not noticing this.
That's a nasty cough you have. The air must be pretty dry down south ...
Maybe where you think it come from isn't, & VPN are stationary targets, but hey !!!
Maybe I should elaborate dig a hole = sort of safe, but, heat seeking human hating missile = not so safe, get mobile gunnery/defensive platform, (eg: tank), gets missile up butt, SO lesson, stay @ home, eat chocolate, Alcohol, Joints, Friends, Giggling, Good Time, Deciding what I am gunna do, v's halfwits fighting over deckchairs, hang on, thinking ...........
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"would this protect me, err, him from this 3 strikes malarkey?"
It's a little known fact of law, that it isn't illegal to commit a crime, only to get caught doing so. So, for instance if I were to go through a red light on my girlfriend's bycicle, there would be no penalty. On the other hand, if I were to do it in my Ferarri, everybody on the road would be texting my licence plate to old plod.
Oh, and if you were to say it's against the law to text while driving... well the law can be blind to certain infractions if it wants. After all, it's only a minor little text, whereas if I were to text while driving my Ferarri... the walls of the gaol would be crumbling down before I was let out.
Does this tell you anything about big media?
Who are these jokers?
From their web site:
The Board consists of:
Not less than three (3) and not more than five (5) positions reserved for the High Revenue members as determined by the annual revenue of that Member during the most recent full financial year of the Company;
Their main guy seems to be a baby in the field except for the experience at People Telecom which was a $90m a year telco reseller.
Why is iiNet dealing with them? They used to keep better company.
Sorry to take the fat bloke's name in vain, but does this help 'big content' pursue those customers who download file(s) from some sort of "Mega" type service?
Or is the copyright holder still forced in such instances to issue DMCA takedown notices against against the website hosting the potentially infringing content?
Isn't it amazing what you can find on YouTube nowadays! I must say it's much easier to find stuff on YouTube by means of a simple search than it's ever been on old or new Fatboy Mega. Maybe some of the search engines index that site better? Or just something to do with robots.txt
It wasn’t me:
How many times have you loaned your car to a friend, only to have him use it to rob a bunch of banks while wearing a mask that looks remarkably similar to your face -- too many times to count, probably. And then when the police come knocking at your door to ask you about some crimes, you say, "No, it was my friend wearing a mask that looks just like me." Then the cops are like "Whoa, sorry to bother you!" and they leave.
There actually needs to be something specific in the law saying that if you set up a wifi communication network, then you are fully responsible if anyone is able to use it to copy IP. Ignorance of how to secure your network, or how to prevent your children from accessing certain websites cannot be allowed as a defense unfortunately.
But then there arises a bear trap. What if a 14 year old uses his pocket money to buy a prepay mobile sim with a few GBs of data downloads and goes ahead downloading the latests pop songs. Is the parent responsible in that case??
But who (apart from the relatively few Open Wireless altruists) will provide free WiFi to strangers, thereby providing a plausible excuse for 3rd party P2P on their networks? Oh wait, there's this: http://www.theregister.co.uk/2014/05/20/telstra_woos_users_to_be_next_backhaul_network/. Law of unintended consequences at work?
i am so tired of content providers crying the blues all the time, they make more money thn they can count and they still complain about the few folks that get their trash for free or steal it.
for transparancy, i dont play games nor do i watch much tv (local news) and i never goto movies.
the only game i have is angry birds to play at the airport. i listen to jazz and european orchestral music and even old music like that they charge high prices for. (no rock, hip hop, rap country etc)
if consumers as a group would just boycott all of their crap for just 1 month, they wuld come around to some good sense about it.
All they need to do is work together and make a central standard method of accessing the content easily and cheaply. They can get together and sue people. Why not get together and make a solution?
Step one: All work together
Step two: Ring Google
Step three: Make a Youtube like system. Have free content with ads with the revenue going back to Google and the content providers. Have a paid system with no ads
Step four: Everybody loads their content into the one site
Whoa! Suddenly piracy is virtually dead overnight and content providers get paid and the freetards get their free content. Who'd of thunk it?
But noooooo. Lets sue people and maybe make dozens of separate websites with stupid regional licencing deals and crazy pricing and bribe governments to make new laws........
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