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IFPI Turning To Lawsuits

Posted by kdawson on Tue Mar 11, 2008 06:08 PM
from the taking-a-hint-from-across-the-pond dept.
Sherman's doppleganger writes "The IFPI (the "European RIAA") has made a lot of noise about filtering this year, but it looks as though 2008 is instead becoming the year of the lawsuit. The IFPI has now sued an Irish ISP in an attempt to keep copyrighted content off of its network. 'The lawsuit accuses Eircom of abetting illegal downloading by allowing copyrighted material to traverse its network unimpeded. The IFPI... wants the ISP to start filtering traffic to scrub all illicitly uploaded and downloaded copyrighted material on its network.' The lawsuit comes less than a week after an Israeli court forced the nation's three biggest ISPs to block access to HttpShare.com."
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[+] Technology: UK Government To Terminate File Sharers' Net Access 411 comments
An anonymous reader writes "New plans published by the UK Govt show that they hope to terminate internet access for people suspected of breaching copyright by file sharing. Under the proposed new laws ISPs who fail to enforce the policy will face prosecution in the courts. Users falling foul of the new law will be subject to a three strike policy: First suspected instance of illegal file sharing they would receive a warning, at the second — a suspension, and at the third they will have their Internet connection terminated. It isn't clear whether users will be prevented from ever using the internet again, or whether simply subscribing to a new ISP will reset the process."
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  • IFPI Turning To Lawsuits
    To say the IFPI is turning to lawsuits is like saying Bob Dylan is turning to drugs. It's an organization of lawyers! What else do they do?!

    I recall them dishing out 2100 lawsuits at once in 2005 [arstechnica.com] and 8000 lawsuits at once in 2006 [arstechnica.com]! And evidence that it's been going on since 2004 [mit.edu].

    You might be able to convince me that the IFPI is getting smarter (or stupider, depending on your views) at stopping file sharing by targeting ISPs with lawsuits but to say they're only now with litigating to stop these losses is ignorant.
  • by BSAtHome (455370) on Tuesday March 11 2008, @06:17PM (#22723250)
    ...wants the ISP to start filtering traffic to scrub all illicitly uploaded and downloaded copyrighted material on its network.

    So, basically, nearly all traffic traversing the ISP must be blocked because most is covered by copyright. Also most webcontent falls in the same category. What a prospect.
    • root@gateway.eircom.com.eu# ifconfig ppp0 down
      root@gateway.eircom.com.eu# exit
    • We tried asking the ISP to pay a 5 Euro levy per kilobyte to cover the costs of its users downloading copyrighted content. As you already know, the ISP refused, so we must resort to the proffitable$wnasty business of suing to get our way.

      Cheers and hope you live in Europe,
      IFPI

    • by TheVelvetFlamebait (986083) on Tuesday March 11 2008, @07:35PM (#22723822) Journal
      Read your own quote again. They said "all illicitly uploaded and downloaded copyrighted material", not "all copyrighted material". That argument was a petty nitpick at terminology in the first place, but here, it's even more useless.
      • by LiquidCoooled (634315) on Tuesday March 11 2008, @08:14PM (#22724102) Homepage Journal
        Ok then clever clogs.
        How do you know what is illicit and what is allowed?

        Is the content of the website you are downloaded owned by (for instance) perfect 10?
        Have I given permission to YOU to download a css stylesheet I designed for use on my website?

        Is the Code in the software update you are getting copyrighted to the person you are getting it from?

        Did the original rights owner give you permission to distribute that mp3 file to your IM friend?

        the list is endless.
        Without knowledge of what is illicit and what is allowed you might as well block the whole lot.
      • by Kjella (173770) on Wednesday March 12 2008, @06:32AM (#22726626) Homepage
        Unfortunately the distinction between permitted and not permitted is meaningless, as is the distinction between copyrighted and public domain. The ISPs see bits and bytes, but these are not properties of bits and bytes. The exact same transfer that's illegal today will be legal in life+70 (barring more Mickey Mouse acts), bit by bit. That means the only possible way for ISPs to tell an illegal download from a legal download is to keep a database over all possible illegal downloads, which works for a plain unencrypted transfer. However, as anyone that's worked with SSL knows it negotiates a random session key so there's an arbitrarily large number of streams of bits and bytes that transfer the same data. Once we arrive at this stage the ISP is basicly checkmated, there's nothing it can do.

        What they are trying to do is to use the non-authenticated, plaintext nature of the negotiation phase as it is today to determine whether it's illegal or not. Creating an HTTPS version of torrents/trackers that doesn't leak anything to the ISP would be fairly trivial, so would adding authentication if the ISP tried its own SSL connection. At that point, the ISP is quite frankly guessing. They know you connected to TPB, but not what you searched for, what torrent you're getting and if it happens to be a legal download (many torrent aggregators just pick up everything) and you talk SSL to all your peers. There's no possible theoretical or practical way they can tell the difference between you downloading Ubuntu 7.10 (700MB) or a illegal DVD rip (700MB) over a torrent, the traffic patterns would be exactly the same.

        To take a practical example where this is already all encrypted, I can connect via NNTPS to my news server. How the hell is my ISP supposed to know what I'm doing? They haven't got the faintest possibility to know anything at all. Of course in this case there's a server at the other end they could go after instead, but in a P2P network it's simply impossible. P.S. For anyone trying to make the lame pun about "The first rule about Usenet..." it's near 30 years old, and everyone that cares to know already knows about it. The only possible way an ISP could prevent copyrighted works from going over their networks is to turn off the lights.
  • by WK2 (1072560) on Tuesday March 11 2008, @06:18PM (#22723258) Homepage
    I never heard of httpshare.com. After reading the summary, I went to the website, to see what it was. I still don't know what it is, because it is in Hebrew. However, in plain English, they mention that they upgraded their servers, and they thank IFPI for the free advertising.
    • Re:httpshare.com? (Score:4, Interesting)

      by nbert (785663) on Tuesday March 11 2008, @06:50PM (#22723502) Homepage Journal
      I must admit that my Hebrew is not what it used to be ;), but it seems to be similar to rapidshare with the added benefit of searching the content.

      Makes you wonder why rapidshare didn't implement this, oh wait - that would prove that most of the traffic is infringing copyright. Plus it would make it easier to sue those uploading. *AA must love httpshare.

      On a more serious note I'm still surprised by the concept of keeping piracy down by going after those distributing it on the internet. Maybe that's the only way to go if you can't win in the long run. I'm still waiting for the hdd offering enough capacity to store all music ever produced. After that the one storing all movies is just a matter of time. Just calculate the current size of the ITMS and compare it to the growth rate of hard disks - makes it kinda silly to talk about this issue anymore...
  • common carrier? (Score:5, Interesting)

    by blackcoot (124938) on Tuesday March 11 2008, @06:22PM (#22723288)
    does ireland have a legal concept similar to common carrier in the u.s.? i'm not a lawyer, much less an expert on the irish legal system, but it would seem to me that this case could only work in a country where common carrier laws are either non-existent or very weak. if ireland does have something like common carrier that would cover eircom then a win appears to essentially invalidate common carriers and make any isp that sends traffic through ireland potentially liable, even if both ends of the infringing connection are outside of irish jurisdiction.
    • Re:common carrier? (Score:5, Insightful)

      by Atario (673917) on Tuesday March 11 2008, @07:41PM (#22723866) Homepage
      It seems to me a basic concept of Western law. For example:

      Should a toll road's owner be fined if someone transports illegal goods on it? Or required to search all cars that pass?

      Should Disneyland be fined if someone manages to smuggle in 'shrooms and consume them waiting in line for Pirates Of The Carribean? Or conduct drug searches and tests on all patrons?

      Should a taxi driver be fined if a passenger sneaks trash out the window? Or required to maintain all windows and doors to be sealed at all times?
      • Re: (Score:3, Insightful)

        you would think, but given the creative lawyering and flagrant corporate abuse of legal systems across the world, you might well be wrong. if there's anything to be learned from the legal system(s) in the u.s., it is that it doesn't cost much to write laws to your advantage.
    • Re: (Score:3, Informative)

      ISPs and the ISP divisions of telcos in the US are not common carriers.
      • ISPs and the ISP divisions of telcos in the US are not common carriers.
        There's a difference between "common carrier" in the strict legal sense and "common carrier" in a broader practical sense. In the United States, ISPs have legal protections analogous to those of common carriers, called "OCILLA safe harbor". See 17 USC 512 [copyright.gov]. Popular use of "common carrier" to refer to the OCILLA safe harbor is little different from popular use of the term "fair use" as a blanket term for limitations on exclusive rights in a copyrighted work under 17 USC 107 through 123 [copyright.gov] and 1008 [copyright.gov], when only section 107 uses are strict "fair uses".
    • Re: (Score:3, Informative)

      Ireland, as a member of the EU is granted "mere conduit" status by the EU.

      COUNCIL OF EUROPEAN COMMUNITIES (2007). Council directive of 21st June 2007 on Electronic Commerce (Terrorism Act 2006). (07/1550/EEC). Section 5 Paragraphs 1 & 2 read,

      "(1) A service provider is not capable of being guilty of a relevant offence in respect of anything done in the course of providing so much of an information society service as consists in--
      (a) the provision of access to a communication network; or
      (b) the tra
  • I'd comply immediately once they provide me with working code that has no false positives and pay for it to be implemented too! Not all P2P is copywronged and not all HTTP is legitimate - telling the difference to a high degree of accuracy requires artificial intelligence we have not developed yet. So if it is impossible to implement then while they're at it they may as well ask for a Pony and a Ferrari too.
    • Hmm. I thought they identified pirates by traffic analysis, e.g. connect to a tracker that is known to be sharing an infringing file, then keep a timestamped log recording the IP of everyone who sends you a part of that file. The logging part is automatic, but the connecting part is manual. They will only pick the files they are interested in; they are not going to police other people's copyrights. I can't see how this will produce false positives, although no doubt the pirates will use the old "my wireless
        • why would you assume that someone who has unsecured Wifi then they must have no concern for privacy or security.

          I always keep my wifi open. it's just common courtesy.

          when my internet goes down, I log into my neighbours internet to do the online work I have to get done. I keep mine open so if they are in the same situation, they can do the same.

          really, how much harm can they do to your computer by using your wifi?
          • Re: (Score:3, Interesting)

            really, how much harm can they do to your computer by using your wifi?

            Your argument reminds me of a 3com sales guy who told me encryption isn't important for home connections since no one wants to break into your computer anyways. The problem is that it's not your computer they want; it's your internet connection.

            They could start spamming and get your account disabled. There was also the time I got called in to find out why the office internet was so slow only to discover that one of the neighbourin

            • Turns out he was using someone's wifi connection to browse child porn. Imagine having that traced to your ip. Given the current guilty until proven innocent attitude when it comes to crimes against children your likely to lose your house and job before they even bother (if they bother) to find out you were innocent in the first place.

              1. you have my IP records. its an open account, no encryption...look at this, (opens .bat file that reveals internet activity) my neighbour, the creepy grade 3 teacher, is using it right now...how strange...
              2. you have a list of the material that was downloaded.
              3. Here is my hard drive,
              4. here are all of my monthly backup disks
              5. if you find any of that material, let me know.

              the police are people, too. if you are kind, pleasent, honest, and up front with them, they tend to not be dicks.

              as for the DoS att

              • Re: (Score:3, Informative)

                the police are people, too. if you are kind, pleasent, honest, and up front with them, they tend to not be dicks.

                I completely agree with you. I just find that being human some topics make people go completely off the wall. I agree that every child porn creator should be nailed harshly but I find that the search for them tends to be in the witch hunt category.

                I think I will check my wifi activity more often. but because most of my neighbours are really freaken old, i don't think i have to worry abou

  • by MichaelCrawford (610140) on Tuesday March 11 2008, @06:37PM (#22723416) Homepage Journal
    File sharing is crucial to the success of musicians such as myself who offer free downloads of their music. We do this to promote our work, and to gain fans.

    But direct HTTP downloads can bankrupt a struggling musician if their music suddenly becomes a hit. To allow mass distribution at modest expense, I offer Bit Torrent downloads [geometricvisions.com] of my music.

    I can't really see how an ISP could filter out copyright infringement without also filtering out files that are non-infringing.

    Bit Torrent distribution is also crucial to Free and Open Source software projects, whose installers are sometimes hundreds of megabytes or even gigabytes in size.

    In the debate about file sharing, please speak up for the legal uses of it.

    And yes, I know I can host my work on free sites like MySpace, but then it would be MySpace's website and not my own that would benefit from links placed by fans. For business reasons, it's much better for a musician to have their own website if they possibly can.

    • Thank you! It's not my favourite kind of music, but I'll pass it on to my flatmate when he gets back from holiday and he'll appreciate it much more than I can.

      MySpace is horrid purely for functionality, it's awkward to download and I frequently have problems.

      (PS, I'm amazed that US Post won't post to North Korea. I wondered if Royal Mail (UK) would, and the answer was yes -- but post by the 7th December to make Christmas ;-).
    • by Beer_Smurf (700116) on Tuesday March 11 2008, @07:43PM (#22723886) Homepage
      "File sharing is crucial to the success of musicians such as myself who offer free downloads of their music. We do this to promote our work, and to gain fans."
      And that is one of the reasons it must be stopped.
      You are the real enemy.
    • by CustomDesigned (250089) on Tuesday March 11 2008, @09:39PM (#22724580) Homepage Journal
      File sharing is crucial to the success of musicians such as myself who offer free downloads of their music. We do this to promote our work, and to gain fans.

      People here are unclear on what the RIAA and their European cousins are trying to do. They are not dummies, and they know perfectly well that personal sharing ("piracy") actually helps their sales. They also know perfectly well that these lawsuits will not stop real piracy ("Psssst. Honorable Sir! Look here! 5 CDs for one dollar!"). They are willing to forgo those lost sales in pursuit of their real purpose. The purpose of the lawsuits is to create a climate of fear, uncertainty, and doubt (FUD) surrounding *legal* downloads. That is because what they *really* hate is not "piracy", but independent musicians. By stifling music sharing, they stifle independents, and keep the music distribution monopoly to themselves. They don't especially hate FOSS, but they don't feel especially guilty about innocent bystanders getting nailed either.

      • You'd have to compare the general sound of audio files to known audio tracks whose copyright owners don't license them for sharing.

        But you can't do a bit-for-bit comparing, or a hash, because there are a lot of ways to change the precise data in a file without changing what it sounds like in a way that is noticable to the human ear.

        For example, you could re-compress it to a different bit rate, or transcode it say from MP3 to Ogg Vorbis, or what have you.

        I'm sure there are known algorithms that can tel

  • by Zombie Ryushu (803103) on Tuesday March 11 2008, @06:42PM (#22723462)
    These people are ripping apart the infrastructure of one of Human kind's greatest achivements over their petty squabble. I'm really sick of it, and it would be easier if these people just got the hell off our planet. Fuck thesse people. Fuck the DMCA, Fuck the IFPI, fuck the EUCD, fuck it. I'm sick of these monsters that want to drag us down into the dark ages with their greed. Its just sick.
      • by Zombie Ryushu (803103) on Tuesday March 11 2008, @07:55PM (#22723972)
        The Pirates didn't pass laws that robbed us of fair use. The Pirates didn't hide rootkits on CDs. The Pirates didn't create this massive DRM laden Windows Vista, Music Renting. The Pirates aren't the one putting bandwidth caps, retarding the Internet's progress and putting levies on blank media. There are a number of other things. But what the *AA and IFPI have done has been far worse than any Pirate.
        • You're right, their behaviour has been crappy. But I think that we tend to lose sight of the fact that what we're talking about is a totally non-essential product. They're not restricting our access to water, shelter, education... Music is amazing, but there's no reason why we should be entitled to more than we can afford to pay for. A person isn't having his human rights infringed because he can't afford more than a couple of CDs and no-one will give him the music he likes for free. I think it's absolutely
        • But what the *AA and IFPI have done has been far worse than any Pirate.

          A single pirate? No. Pirates as a group? That's debatable. They've done their half of the work to perpetuate this conflict, and the natural response to abuse of freedoms is to attempt to take them away. I'm not saying the **AA should be absolved of blame here, but neither should these pirates. They should've stopped when they were asked, especially since they were the ones who perpetrated illegal activity in the first place.

      • Pirating isn't something I know a lot about. Do the pirates make money from what they do, or are they just distributing copyrighted material for free? And is the former considered morally (or legally) worse than the latter? I'm not writing to disagree with you, by the way - it's just that I'd like to understand the issue better before I make my mind up!

        (Oh, and on a side note, is it okay to ask questions like this in /. comment threads? If I'm going to piss people off, I'll just wait until I can ask some
        • the answer is both.

          some pirates download and burn movies, and sell them for $3 each on street corners (see Asia)

          It is my opinion that selling somebody elses work without their permission is both legally and morally wrong.

          but the **AA and lawmakers lump people who just share music with their friends in with these pirates.
          I see nothing wrong with sharing.
          It's what they told me to do back in kindergarden.

            • The former means that a relatively limited number of people share something between them...So the copyright owners are losing maybe ten potential sales
              so, laws will be written to regulate friendship? will we be faced with popularity caps to prevent trading of mix tapes to an excessive number of friends.

              So how about radio? if a song is broadcast on the radio, and people can hear it for free, then record lables are losing hundreds of thousands of sales each time a song is played. you would think they would have regulated that, made the radio companies pay millions in royalties. Instead, the law adapted to fit new technology.

              Today, the law has failed to adapt to new technology (p2p) and instead, its forcing new technology to adapt to fit the law. this is not a healthy situation, or a battle than can be won through laws as they are today.

              Aren't they basically saying "yeah, we're doing something illegal, but we don't think it should be illegal
              I want you to look up 2 things:

              1. how many people are involved in filesharing. (US only)
              2. how many people voted for the current administration

              If more people support the activity, why is it illegal?

              please note: I am not trying to ridicule your position, I strongly oppose organized piracy and distribution of illegal goods.

              But I see a big distinction between commercial distribution, and non-comercial distribution.

              I'm an artist myself. When someone takes a picture of my work and gives it to a friend, i'm flattered and pleased that they are distributing my material. but if they were to sell that image, then I would have a problem with that. they are directly profitting off of my labour.
      • Re: (Score:3, Informative)

        What does raiding ships at sea have to do with this discussion?

        Anyway, as far as I have seen, the organizations representing the entertainment industry have done very little to directly attack the actual copyright infringers. Even in the lawsuits the RIAA conducted, they didn't seem to put much effort into finding actual infringers or verifying in any way the person they sued had anything to do with infringement. The whole thing seemed to be "let's find some random people and sue them. Who cares if they e

  • So if this succeeds, can we expect people to start suing the Ministry of Transport because the proceeds of (real!) crime are traversing their road network unimpeded?
  • I wonder if we're going to see a change in the role of P2P. It used to be about evading responsibility due to the mistaken idea that P2P was anonymous.

    Somewhere along the way, people wised up to that nonsense, and it started to be about performance (though at the cost of efficiency, which really pisses off the ISPs).

    Lately, it seems we're seeing a lot of censorship of websites, either by forcing ISPs to block, or forcing DNS registrars to remove the name. I guess the websites were a jumping-off point to

  • "IFPI sues ISP to force use of magical, non-existent software to "filter their network".

    Perhaps it's time to bring back the evil bit.
  • by Soloact (805735) on Tuesday March 11 2008, @07:16PM (#22723682) Homepage Journal
    I really don't understand how the RIAA can do what they've been doing, what with the legal actions, blocking, etc, "for the artists". The "artists", which are the songwriters, song publishers and song performers, are represented by ASCAP, BMI, SESAC, and the sort, for the payments and receipts of royalties, in addition to the Library of Congress and copyrights (including International agreements). IMHO, the RIAA, and their sort, are nothing but mobsters, trying to rough-up people via the legal system instead of street "hits".
    • Well, they're mobsters who are bought-and-paid-for by the big studios (who, themselves, are not exactly shining examples of good behavior.) They're funded to the tune of several hundred million dollars a year, in the United States alone. They sure behave in a mob-like fashion, it's true, but they're on a payroll. The studios are the ones who should take the blame, and are the only ones that can call off their dogs.
        • Re: (Score:3, Informative)

          Oh, I agree, I misspoke me. When I said "studio" I really meant "big bloodsucking content distribution company", ala Vivendi, Universal, etc.
  • This is the same misguided ideology that once tried to ban the steam engine and video recorder [wikipedia.org].

    I just got done reading the Times Atlas of World History and this seems like the modern equivalent of heresy -- threatening the established economic order of copyrights.

    Hopefully in the annals of history this will merit just a sentence or two in the wider scope of things.
  • httpshare.com... (Score:3, Interesting)

    by MMC Monster (602931) on Tuesday March 11 2008, @07:35PM (#22723820)
    ...works fine from here. They're apparently thanking IFPI for the free advertising. :-)
  • Thats IFPI, Not IRAa (Score:3, Informative)

    by SlashWombat (1227578) on Tuesday March 11 2008, @07:45PM (#22723904)
    So, they didn't call it the RIAa, in Europe ... It was too close to IRA?

    Seriously, the technology to filter gigabytes per second traffic looking for specific music signatures does not exist at a reasonable price point. And, as others have pointed out, simply Zipping the file would be enough to bypass any packet inspection anyway. (In fact, it would need to inspect the entire stream, because packet inspection would be insufficient!) (Let alone the variety of compression formats that currently exist.)

    I would not be at all surprised that if you encode analog audio files to MP3 that each version would produce different digital streams. For digital files, the addition of several random bytes just before the stream to be encoded would produce the same result. (That is, totally different looking digital data streams.) At the very worst, the added few bytes might produce a click. (even that could be kept inaudible!)
    Alternatively, multiply the data by some small factor during encoding. (EG:Data * 0.995 would be inaudible, but the resultant MP3 stream would definitely not match any SIMPLE filtering stream.

    IF the RIAA were to provide the filtering hardware to each and every ISP, that might get them to install it, given that filtering does not slow down the ISPs traffic.
    If the filter isn't 100% effective, and falsely terminates legitimate streams, then the RIAA [IFPI] would be liable, not the ISP. Lets see how long the RIAA would last after that!

    I would say that the RIAA needs to demonstrate to the courts that 100.00000000% accurate AUTOMATED detection (especially at the data rates an ISP might have!)is possible before they can even begin to suggest the ISP is involved. I will lay money down that they cannot even demonstrate 10% reliable detection rates. (Indeed, I personally think the ISP does not have the authority or the responsibility to inspect/filter any traffic.)
  • Mrs Kattie Mac Craith is suing the Irish dept of transport for allowing cars on the same roads as children.
  • > The lawsuit accuses Eircom of abetting illegal downloading by allowing copyrighted
    > material to traverse its network unimpeded.

    Wow. How about suing tollway operators for allowing illegal drugs/weapons/stolen goods/etc to traverse their tollways unimpeded? Or the state for that matter, that operates public roads? Or the public transport operators?

    The "intellectual rights" industry is just getting more and more insane with each passing day. Next they will sue the electricity board to provide support f
    • Re:Good (Score:5, Informative)

      by Bryansix (761547) on Tuesday March 11 2008, @06:37PM (#22723426) Homepage
      That's not what this is about. It's not about ISPs hosting copyrighted works that the person hosting doesn't own. It's about the ISP's customers downloading copyrighted works that they may or might not be authorized to.