A court has overturned a 2010 ruling which said that blocking The Pirate Bay at the ISP level was “disproportionate”. The Antwerp Court of Appeal sided with the Belgian Anti-Piracy Federation in their quest to force two ISPs to block subscriber access to the world’s most famous torrent site. Belgacom and Telenet must now implement a DNS blockade of the site within 14 days or face fines.
via Belgian ISPs Ordered To Block The Pirate Bay | TorrentFreak.
The report shows that BitTorrent traffic has very a different impact depending on the place an ISP has in the network. Higher tier companies mostly profit from BitTorrent downloads, while lower tier companies are charged for the downloading habits of their consumers. According to the researchers the Internet providers should be aware of the impact BitTorrent has on them, as it may greatly impact their business decisions.
The fact that ‘local’ BitTorrent traffic is preferable is not a new idea. Attempts to keep P2P transfers within the local network as much as possible are not new, and some ISPs have secretly tested the concept in the wild by seeding their own BitTorrent downloads.
As a closing remark we have to note that the study only looked at bandwidth, and not the various other costs BitTorrent traffic has on a network by making millions of connections every day. The takeaway message, however, is that in terms of revenue there are quite a few very large companies that profit directly from heavy BitTorrent users. That’s a conclusion we haven’t heard before.
via Large ISPs Profit From BitTorrent Traffic, Study Finds | TorrentFreak.
As was widely reported last week, several major internet access providers including, very likely, yours struck a deal last week with big content providers to help them police online infringement, educate allegedly infringing subscribers and, if subscribers resist such education, take various steps including restricting their internet access. We’ve now had a chance to peruse the lengthy “Memorandum of Understanding” MOU behind this deal. Turns out, as is often observed, the devil is in the details – and they are devilish indeed.
via The “Graduated Response” Deal: What if Users Had Been At the Table? | Electronic Frontier Foundation.
American Internet users, get ready for three strikes “six strikes.” Major US Internet providers—including AT&T, Verizon, Comcast, Cablevision, and Time Warner Cable—have just signed on to a voluntary agreement with the movie and music businesses to crack down on online copyright infringers. But they will protect subscriber privacy and they won’t filter or monitor their own networks for infringement. And after the sixth “strike,” you won’t necessarily be “out.”Much of the scheme mirrors what ISPs do now. Copyright holders will scan the ‘Net for infringement, grabbing suspect IP addresses from peer-to-peer file-sharing networks. If they see your IP address participating in a swarm for, say, Transformers, they will look up that IP address to see which ISP controls it, then fire off a message.ISPs have committed to forward such notices to subscribers—though, crucially, they won’t turn over actual subscriber names or addresses without a court order. This is a one-way notification process.
via Major ISPs agree to “six strikes” copyright enforcement plan.
We are informed by the BBC that the MPA is in the UK High Court today seeking to force the ISP British Telecom to block us from Stephen Fry’s web browser. Charming, we thought, bloody charming: “A Newzbin2 themed costume party, with horsehair wigs, and no-one invited us.” The MPA didn’t invite us, BT didn’t invite us, the court didn’t invite us. Team R Dogs would have loved to have had some say.What is worse is that it is a UK legal first: the first time anyone there has sought a blocking order in the High Court. The only blocking so far has been done by British Telecom using their Cleanfeed system to filter out kiddyporn sites on a list created by the Internet Watch Foundation, but that has been done without a court order.If the MPA get this injunction they will certainly, in the mould of the Internet Watch Foundation, start to add to the list other sites that offend them, e.g. the Pirate Bay. All of this will probably also be secret and, like us, not subject to an appeal or any due process.
via Press statement for immediate release. 29/6/2011 | NZBlog.
Some of the country’s largest Internet service providers are poised to leap into the antipiracy fight in a significant way.
After years of negotiations, a group of bandwidth providers that includes AT&T, Comcast, and Verizon are closer than ever to striking a deal with media and entertainment companies that would call for them to establish new and tougher punishments for customers who refuse to stop using their networks to pirate films, music and other intellectual property, multiple sources told CNET.
The sources cautioned that a final agreement has yet to be signed and that the partnership could still unravel but added that at this point a deal is within reach and is on track to be unveiled sometime next month.
via Exclusive: Top ISPs poised to adopt graduated response to piracy | Media Maverick – CNET News.
The United Nations Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression has released an important new report that examines freedom of expression on the Internet. The report is very critical of rules such as graduated response/three strikes, arguing that such laws may violate the International Covenant on Civil and Political Rights Canada became a member in 1976. Moreover, the report expresses concerns with notice-and-takedown systems, noting that it is subject to abuse by both governments and private actors.On the issue of graduated response, the report states:he is alarmed by proposals to disconnect users from Internet access if they violate intellectual property rights. This also includes legislation based on the concept of “graduated response”, which imposes a series of penalties on copyright infringers that could lead to suspension of Internet service, such as the so-called “three strikes-law” in France and the Digital Economy Act 2010 of the United Kingdom.Beyond the national level, the Anti-Counterfeiting Trade Agreement ACTA has been proposed as a multilateral agreement to establish international standards on intellectual property rights enforcement. While the provisions to disconnect individuals from Internet access for violating the treaty have been removed from the final text of December 2010, the Special Rapporteur remains watchful about the treaty’s eventual implications for intermediary liability and the right to freedom of expression.In light of these concerns, the report argues that the Internet disconnection is a disproportionate response, violates international law and such measures should be repealed in countries that have adopted them
via Michael Geist – UN Report Says Internet Three Strikes Laws Violate International Law.
Rights holders from across the music and film industries have identified about 100 websites – including The Pirate Bay and “cyberlocker” sites – that they want internet service providers such as BT to block under new measures to tackle illegal filesharing.Under a voluntary code that is under discussion, content owners would pass evidence of illegal filesharing sites to ISPs, which would then take action against those sites.However, the proposals are fraught with complications. ISPs are understood to be open to the idea of cutting off access to some infringing sites, but argue that an impartial judge should decide which get blocked. It is also unclear whether content owners or ISPs would be liable to pay compensation to a site that argues that it has been unfairly censored.
via ISPs urged to block filesharing sites | Technology | guardian.co.uk.
ars technica
The Combating Online Infringement and Counterfeits Act (COICA, S.3804) sets up a system through which the US government can blacklist a pirate website from the Domain Name System, ban credit card companies from processing US payments to the site, and forbid online ad networks from working with the site. It passed the Senate Judiciary Committee 19-0 this week, but it’s never going to pass the Senate before the end of the current Congress.
That’s due to resistance from people like Senator Ron Wyden (D-OR), who announced at a separate trade hearing of his own yesterday that he was going to “take the necessary steps to stop [COICA] from passing the United States Senate.”
“It seems to me that online copyright infringement is a legitimate problem,” he said in the midst of his questioning, “but it seems to me that COICA as written is the wrong medicine. Deploying this statute to combat online copyright infringement seems almost like using a bunker-busting cluster bomb when what you really need is a precision-guided missile.”
“The collateral damage of this statute could be American innovation, American jobs, and a secure Internet.”
Ed Black, CEO of computing industry trade group CCIA, was testifying at the hearing, and he agreed that COICA was a “good example of what not to do in an important, complicated digital ecosystem.”
Sweet sanity! And yet—this thing passed out of committee 19-0 with minimal hearings? Presumably there’s a big bipartisan bloc in the Senate which doesn’t think a major new Internet censorship regime—and one that applies only to copyright—needs much in the way of oversight. While the bill looks dead this year, the idea has met with thunderous applause from the movie and music industries, who are sure to back it next year. Hopefully, something more considered will be on the table the second time around.
Ars technica
The data appears to be “anonymous” only in the sense that it consists of IP addresses and not usernames. When deployed by an ISP, however, linking IP addresses to one’s own user accounts is trivial.
Do ISPs even have the authority to install such systems on their network? “Anonymous” or not, DPI tools might be considered wiretap devices, and a group called Privacy International promptly complained to the European Commission about the issue (during the debates over a similar DPI-based ad-serving system called Phorm, the UK government made clear it would not do much to stop such trials).
Today, the European Commission indicated that it took the Privacy International complaint seriously and would watch Virgin’s actions closely.
The BBC also went to Virgin, asked a couple of obvious questions about how CView would work, and elicited some amazing responses from an ISP spokesman.
“He admitted that potentially 40 percent of Virgin Media’s customers could have their data scrutinised and confirmed that it has no plans to inform them beforehand. He also conceded that it would not be technically difficult to link up deep packet inspection technology with the IP addresses which would identify individuals but stressed that was not the plan currently.”
TorrentFreak
Earlier this year, the IFPI gave Norwegian ISP Telenor an ultimatum – block access to The Pirate Bay within days or get taken to court. Telenor refused, IFPI followed through with its threat and the case was heard earlier this month. The decision was announced today. IFPI lost the case and Telenor will not have to block The Pirate Bay.
tpbThis March, IFPI – backed by several Hollywood movie companies – gave Telenor, Norway’s largest ISP, a warning: block your users from accessing The Pirate Bay within 14 days or we will take legal action.
Without any legal basis, Telenor refused to comply.
“This would be the same as demanding that the postal service should open all letters, and decide which ones should be delivered,” said Telenor boss Ragnar Kårhus.
The verdict in the case was due to be delivered October 30th, but was delayed until today.
IFPI has lost the case and Telenor will not have to block The Pirate Bay.
The court ruled that Telenor is not contributing to any infringements of copyright law when its subscribers use The Pirate Bay, and therefore there is no legal basis for forcing the ISP to block access to the site.
“Obviously we are pleased that the District Court has arrived at this conclusion,” said Telenor’s Ragnar Kårhus in a statement.
“At the same time it is important for us to emphasize that this case is not about being in favor of or opposed to copyright, but about whether or not it is reasonable to saddle Internet service providers with a censorship role in respect of content on the Internet,” he added.
Kårhus went on to say that the most important way for IFPI and other rights holders to maintain healthy revenue streams, is to develop business models and services that render the use of sites like The Pirate Bay less attractive to Internet users.
In making its decision, the court also had to examine the repercussions if it ruled that Telenor and other ISPs had to block access to certain websites. This, it said, is usually the responsibility of the authorities and handing this task to private companies would be “unnatural”.
PC Magazine
British cable TV operator Virgin Media is to launch an unlimited music download subscription service through a partnership with the world’s largest music company, Universal.
The music industry has been desperate to boost digital sales in recent years to overcome online piracy, and the agreement comes a day before a British report sets out how the creative and telecoms industries should tackle the problem.
People familiar with the service said it would cost 10-15 pounds ($16.30-$24.50) per month, which could appeal to parents concerned by children accessing illegal sites.
The service, which both sides described as a world first, would allow Virgin Media broadband customers to both listen by streaming and download to keep as many music tracks and albums as they want from Universal’s catalog.
The music will be in the MP3 format, meaning it can be played on the vast majority of music devices, including the iPod and mobile phones.
The service, which would compete with Apple’s iTunes, is set to launch later this year.
Virgin said as part of its cooperation with the music industry it would also work to prevent piracy on its network by educating users and would, as a last resort for persistent offenders, suspend Internet access.
Virgin said no customers would be permanently disconnected.
ISPreview UK
TThe European Parliament has, in its FINAL vote (there have been five so far) on the matter, chosen to retain amendment 46 (138) of the new Telecoms Package
by a majority of 407 to 57. Amendment 46 states that restrictions to
the fundamental rights and freedoms of Internet users can only be put
in place after a decision by judicial authorities, which protects ISPs
from having to disconnect customers suspected of involvement with
illegal broadband file-sharing (P2P) downloads.
La Quadrature du Net
confirms that the European Parliament has nevertheless adopted a soft
compromise on issues of network equity: no strong protection against “net discrimination” was adopted.
“A
formidable campaign from the citizens put the issues of freedoms on the
Internet at the center of the debates of the Telecoms Package. This is
a victory by itself. It started with the declaration of commissioner
Viviane Reding considering access to Internet as a fundamental right.
The massive re-adoption of amendment 138/46 rather than the softer
compromise negotiated by rapporteur Trautmann with the Council is an
even stronger statement. These two elements alone confirm that the
French ‘three strikes‘ scheme, HADOPI, is dead already.” explains Jérémie Zimmermann, co-founder of La Quadrature du Net.
However
it’s not all good news as the changes do not prevent similar schemes
from being introduced by individual member states. Likewise nothing
will forbid ISPs from turning the Internet away from a neutral zone where people have equal access to all content applications and services. [geek]We doubt the Romulans would approve.[/geek]
“The
strong statement for the access to the Internet as a fundamental right
demonstrates that the Parliament can be courageous and reject the
pressure to compromise when essential values are at stake.
Unfortunately, on issues that appear more technical such as the absence
of discrimination of services and contents on the Internet, the
Parliament did not take the full measure of what it is at stake yet.
Citizens must remain mobilized on these crucial questions,” concludes Gérald Sédrati-Dinet, analyst for La Quadrature.
Mercifully
we’re unlikely to see Three-Strikes style legislation in the UK,
although some rights holders are still privately pushing for it. To
date the industry as a whole has failed to agree a concrete way forward
on the matter, although it’s expected that Lord Carter’s final Digital
Britain report (due in another month or so) may present one. See our ‘To Ban or Not to Ban (Illegal File Sharers)‘ – article for more background to all this.he European Parliament has, in its FINAL vote (there have been five so far) on the matter, chosen to retain amendment 46 (138) of the new Telecoms Package by a majority of 407 to 57. Amendment 46 states that restrictions to the fundamental rights and freedoms of Internet users can only be put in place after a decision by judicial authorities, which protects ISPs from having to disconnect customers suspected of involvement with illegal broadband file-sharing (P2P) downloads.
La Quadrature du Net confirms that the European Parliament has nevertheless adopted a soft compromise on issues of network equity: no strong protection against “net discrimination” was adopted.
“A formidable campaign from the citizens put the issues of freedoms on the Internet at the center of the debates of the Telecoms Package. This is a victory by itself. It started with the declaration of commissioner Viviane Reding considering access to Internet as a fundamental right. The massive re-adoption of amendment 138/46 rather than the softer compromise negotiated by rapporteur Trautmann with the Council is an even stronger statement. These two elements alone confirm that the French ‘three strikes’ scheme, HADOPI, is dead already.” explains Jérémie Zimmermann, co-founder of La Quadrature du Net.
However it’s not all good news as the changes do not prevent similar schemes from being introduced by individual member states. Likewise nothing will forbid ISPs from turning the Internet away from a neutral zone where people have equal access to all content applications and services. [geek]We doubt the Romulans would approve.[/geek]
“The strong statement for the access to the Internet as a fundamental right demonstrates that the Parliament can be courageous and reject the pressure to compromise when essential values are at stake. Unfortunately, on issues that appear more technical such as the absence of discrimination of services and contents on the Internet, the Parliament did not take the full measure of what it is at stake yet. Citizens must remain mobilized on these crucial questions,” concludes Gérald Sédrati-Dinet, analyst for La Quadrature.
Mercifully we’re unlikely to see Three-Strikes style legislation in the UK, although some rights holders are still privately pushing for it. To date the industry as a whole has failed to agree a concrete way forward on the matter, although it’s expected that Lord Carter’s final Digital Britain report (due in another month or so) may present one. See our ‘To Ban or Not to Ban (Illegal File Sharers)’ – article for more background to all this.
TorrentFreak
In Germany, the file-hosting service Rapidshare has handed over the personal details of alleged copyright infringers to several major record labels. The information is used to pursue legal action against the Rapidshare users and at least one alleged uploader saw his house raided.
The Local
nternet service providers refuse to cooperate with an entertainment industry group’s demand to shut down The Pirate Bay.
Following yesterday’s conviction of the four men connected with the popular file sharing site, the International Federation of the Phonographic Industry (IFPI) is demanding that Pirate Bay website be shut down.
But Internet service providers (ISPs) refuse to cooperate, reports the Svenska Dagbladet newspaper.
Neither has the judgement slowed down file sharing. Several minutes after the Stockholm District Court delivered the verdict, almost ten billion files were being downloaded.
The ISPs maintain that the ruling doesn’t apply to them.
“In part, this is not a legally binding decision, but above all, this is a judgement against Pirate Bay and nothing that effects any service provider. We will not take any action (to block) the contents if we are not compelled to do so,” Patrik Hiselius, a lawyer at Telia Sonera, told Svenska Dagbladet.
Bredbandsbolaget and Com Hem had the same reply. Jon Karlung, managing director of Bahnhofs, said the judgement does not change anything.
“We will not censor sites for our customers; that is not our job. I am against anything that contradicts the principle of a free and open Internet.”
ipoque
For the Internet Study 2008/2009 ipoque‘s ISP and university customers agreed to provide anonymized traffic statistics collected by PRX Traffic Managers installed in their networks.
In Germany, Web traffic experienced the fastest and most
significant growth in absolute terms – from 14 to 26 percent
– mainly due to file hosting sites – also known as direct
download links (DDL) such as RapidShare and Megaupload
– but also due to the increasing media-richness of Web
pages. This, however, does not include streaming video,
which has slightly decreased in proportion.
Slashdot: News for nerds, stuff that matters
“AT&T and Comcast, two of the nation’s largest Internet service providers, are expected to be among a group of ISPs that will cooperate with the music industry in battling illegal file sharing, three sources close to the companies told CNET News. The RIAA said last month that it had enlisted the help of ISPs as part of a new antipiracy campaign. The RIAA has declined to identify which ISPs or how many. It’s important to note that none of the half dozen or so ISPs involved has signed agreements. But as it stands, AT&T and Comcast are among the companies that have indicated they wish to participate in what the RIAA calls a ‘graduated response program.’”
AfterDawn
According to new data figures from PlusNet, P2P traffic has declined significantly over the past year and legal, streaming content has grown exponentially.
The figures show that P2P traffic is down 8.75 percent year-on-year while streaming content traffic is up 170 percent over the same period. More notably, streaming content traffic is rising almost 9 percent per month, at a very steady pace. PlusNet says with P2P traffic down for the year, P2P only accounts for 26 percent of total Internet traffic, down from an all time high of 36 percent last year.
The numbers can only mean good things for the industry which has long used P2P traffic as an excuse to block high bandwidth users or charge more for those who use excessive amounts of bandwidth. If these numbers prove accurate, then it seems customers are happy viewing their content legally and the media industry is doing a good job in getting content easily available to consumers who otherwise had no alternative.
paidContent:UK
One of the UK’s top ISPs is preparing to launch an unlimited music service that would see it pay record labels for songs illegally downloaded by its customers, paidContent:UK can reveal.
Playlouder MSP (music service provider), which first tried the model for itself back in 2003, said it will facilitate the service for the broadband operator, starting early next year. Co-founder Paul Sanders would not name the ISP, but a source last month told paidContent:UK Virgin Media (NSDQ: VMED) was holding some kind of talks with the vendor.
For more on the digital music industry, attend our EconMusic conference on Sep. 23 at the Natural History Museum in London. Early bird ticket sales are now open…
More after the jump…
Now that the biggest six ISPs have pledged to reduce illegal downloading on their networks, they need commercial alternatives that will prove similarly enticing – and subscriptions offering tunes-on-tap are emerging as the front runner for consumers already plucking free music from the “celestial jukebox”.
Playlouder’s service lets users legitimately download from channels like Gnutella, BitTorrent and more – the list goes on – because the “deep packet inspection” technology, installed on the broadband infrastructure, recognises every song downloaded over the ISP network, no matter which protocol, and reimburses rightsholders accordingly. Subscribers to the music package will even be allowed to share tunes amongst themselves because every transfer is anonymously tracked using Audible (NSDQ: ADBL) Magic, but proliferation to non-subscribers will be blocked.
The effective legitimisation of P2P channels many consider “illegal” could be a watershed – but depends on whether the ISPs can convince customers to pay a monthly fee for unlimited access they’re already getting gratis. The thousands of warning letters they’ve pledged to send may help shepherd freeloaders away from free, creating new markets. Recent research showed 95 percent of UK consumers copy music and last week’s study showing the scale of Radiohead BitTorrents suggested many listeners are loathe to use official legal channels, so a framework that extracts money from P2P, without weening users off their favourite habit, could be a winner.
“We are confident that we will have something quite good to announce in the next couple of months,” Sanders said. “We’ve just done another round of (seed) finance from senior figures in the financial community and the music community, and we wouldn’t have been able to do that if we didn’t think there was good news coming down the pipe. We’re starting the process of principal finance, we’re looking for about £4 million; it takes us through to profitability because it will essentially finance this first large ISP deal.”
For Sanders, what is Playlouder’s first ever client in five whole years of operating comes better late than never. Formed out of the early music webzine of the same name, Playlouder in 2003 debuted MSP, its own attempt at an £18-a-month ISP service with bundled music package. Three years in, and squeezed out by the ISP big boys, however, the outfit had signed only a handful of subscribers and was mothballed to a mere R&D project while Playlouder switched to focus on selling the service to the bigger providers.
On both counts, the service was way ahead of its time, conceived when labels were still advocating DRM. Speaking to me in Playlouder’s reclaimed Hoxton warehouse that is every inch the 90s trendy dot.com HQ, a weary Sanders bares many battle scars from half a decade mediating between those in the often mutually incomprenhesible ISP and music worlds, all in pursuit of the subscription dream. It’s been an uphill struggle that has taken its toll financially, too – asked if the business is supporting itself, Sanders admitted: “No, we have almost no revenue.”
But now the industry’s growing interest in the subscription music model (Sky, Nokia (NYSE: NOK), Orange et al all launching one) could finally mean real business for Playlouder, and Sanders is in the unique position of having learned more than perhaps anyone in the UK about the emerging consumer model that promises to restore to the music business much of the revenue it’s lost to piracy.
“Patience is a virtue,” he said. “This is a very slow business, I can tell you. But I haven’t been working on this for five years to decide not to prove the model at the last minute – this is new territory for ISPs and the music industry.” Perhaps hinting at the upcoming ISP deal: “If some things that we know are happening come to fruition, then we should see a breakthrough early next year. It’s not rocket science – give ‘em what they want, ask them to pay for it.” Sanders said subscriptions would bring a “huge amount more” money to music because customers buy only 2.4 albums a year (approx (£24) but would pay £5 per month (£60 annually) for unlimited access.
Playlouder is licensed to use music from EMI, SonyBMG, several indies and one more big label is on the way, Sanders revealed. So confident is he in what could finally be the realisation of his original goal, however, Sanders has ruled out selling equity to any ISP – despite approaches from both broadband and music providers – hoping instead to sell the service to “as many of them as possible”. The Playlouder system will work on any ISP’s network, Sanders said.
Internet Evolution –
In this test, we configured 13 different P2P clients using a total of 10 different P2P protocols to verify detection accuracy. For each of the major P2P protocols – BitTorrent, eDonkey, and Gnutella – we used two different clients. Client implementations of the same protocol may differ slightly, so we wanted to verify whether the devices could detect all implementations of a P2P protocol and distinguish between different clients.
Other Internet applications like Web sessions, video streams, file transfer, and email were sent alongside the P2P traffic in order to reproduce a typical mix of Internet traffic. The challenge was to detect the P2P protocol traffic volume accurately – not allowing any sessions to escape the device’s attention.
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