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[News] Intellectual Monopolies Punish the Innocent

  • Subject: [News] Intellectual Monopolies Punish the Innocent
  • From: Roy Schestowitz <newsgroups@xxxxxxxxxxxxxxx>
  • Date: Wed, 02 Dec 2009 00:10:36 +0000
  • Followup-to: comp.os.linux.advocacy
  • Newsgroups: comp.os.linux.advocacy
  • User-agent: KNode/4.3.1
Hash: SHA1

Should There Be Punishment For Bogus 'Pre-Settlement' Letters?

,----[ Quote ]
| We've recently seen efforts to ramp up the 
| system of "pre-settlement" letters as a way to 
| "profit" off of file sharing. The scheme works 
| by having a company that either holds the 
| copyrights to certain works or has merely 
| licensed them for this purpose put those files 
| online and then see who is downloading them. 
| That's the simplest version (though, of 
| questionable legality since if the copyright 
| holder itself is putting the content online, 
| you can raise questions about whether or not 
| the sharing is really unauthorized). Some 
| others in the space don't actually put their 
| content online themselves, but try to find IP 
| addresses of those who are sharing the 
| content, and then sending those users "pre-
| settlement" letters, in the hopes that many 
| people just pay up, rather than fighting the 
| letters (or, more likely, ignoring them).


Using faulty data to demand settlements from innocent surfers

,----[ Quote ]
| A Princeton researcher finds himself bombarded 
| with demands to pay up after swapping adult 
| movies onlineâbut he didn't do it. It appears 
| to be another case of extremely-lazy IP 
| "enforcement" using bad BitTorrent data 
| collection.


Virgin Media Using Deep Packet Inspection To Spy On Your 
Internet Usage For Hollywood

,----[ Quote ]
| While this is just a test, and the information 
| is being aggregated in a supposedly anonymous 
| way just to judge the extent of the problem, 
| there are a bunch of issues with such claims. 
| First, there is no such thing as an anonomyzed 
| dataset. Second, there are some pretty serious 
| privacy questions raised by this. In the US, 
| the use of Deep Packet Inspection for looking 
| at what users do has been frowned upon, but in 
| the UK it's been deemed not so bad by the 
| legal system (however, the wider EU doesn't 
| agree with the UK on this position). No matter 
| how you look at it, it does seem quite extreme 
| for your ISP to carefully look at everything 
| you do online. In the end, of course, this 
| will only serve to drive up the demand for 
| encryption technology.


Inaccurate Copyright Enforcement: Questionable "best" practices 
and BitTorrent specification flaws

,----[ Quote ]
| In the past few weeks, Ed has been writing 
| about targeted and inaccurate copyright 
| enforcement. While it may be difficult to 
| quantify the actual extent of inaccurate 
| claims, we can at least try to understand 
| whether copyright enforcement companies are 
| making a "good faith" best effort to minimize 
| any false positives. My short answer: not 
| really.


Virgin Media and CView to rifle through your packets


If We Don't Kick People Off The Internet For File Sharing, Football Will Die

,----[ Quote ]
| We've discussed in the past how the UK's 
| Premier League's fear of the internet has been 
| a case study in what not to do online. But it 
| seems that the Premier League bosses still 
| want to push forward with plans to make it 
| more difficult and more annoying for fans to 
| actually watch matches.


MPAA to FCC: critics of video blocking proposals are lying

,----[ Quote ]
| Hollywood is now resorting to calling critics 
| of its analog stream-blocking proposal liars, 
| while talking out of both sides of its mouth 
| about DVD encryption and piracy. But the brunt 
| of this accusation, Public Knowledge, still 
| insists that shutting down the output to 
| millions of HDTVs won't benefit consumers.



BREAKING: Leaked UK government plan to create "Pirate Finder General" with power to appoint militias, create laws

,----[Quote  ]
| A source close to the British Labour
| Government has just given me reliable
| information about the most radical copyright
| propoQuotesal I've ever seen.
| Secretary of State Peter Mandelson is
| planning to introduce changes to the Digital
| Economy Bill now under debate in Parliament.
| These changes will give the Secretary of
| State (Mandelson -- or his successor in the
| next government) the power to make
| "secondary legislation" (legislation that is
| passed without debate) to amend the
| provisions of Copyright, Designs and Patents
| Act (1988).


"We the undersigned petition the Prime Minister to abolish the proposed law that will 
see alleged illegal filesharers disconnected from their broadband connections, 
without a fair trial."


Dictatorial, disastrous, dire: Mandelson must not pass

,----[ Quote ]
| The powers that he wants to create - by
| means of a statutory instrument, which
| bypasses Parliamentary debate and decision -
| will criminalise downloading of content
| without permission. They will give him or
| anyone he chooses the power to enforce by
| law any action he or his successor thinks
| fit, in the service of protecting copyright.


Questions for Lord Mandelson

,----[ Quote ]
| The bill includes a provision for
| unappointed, unelected, monopoly collecting
| societies to "assume a mandate to collect
| fees on behalf of rights holders who have
| not specifically signed up to that society."
| Why should doing this be considered anything
| less than criminally defrauding the people
| these fees will be collected from and
| stealing copyright (in the true sense of
| claiming ownership, not the way it is
| misused as a synonym for infringement)?
| Why does the government see file sharing as
| both so trivial that it can be dealt with by
| just sending a letter and simultaneously so
| serious that it warrants the imposition of a
| new Â50,000 fine?


Mandelson's Madness

,----[ Quote ]
| This is penalising every other industry, and
| every online user, for the sake of one,
| congenitally lazy sector that has fought
| every new technology for the last century on
| the basis that it will âdestroyâ its
| business model, and âruinâ it. Of course,
| just as every new technology turned out to
| be a new *opportunity* for those self-same
| companies once they were forced to work with
| it rather than against, so file-sharing will
| enable a host of new business models. Until
| that point, though, if the current proposals
| go through, we will all be paying the price
| for this unjustifiable preferential
| treatment.


British Government Goes Batshit Insane Over Internet


Filesharing laws to hit websites and newsgroups too

,----[ Quote ]
| The government is planning to award itself
| powers to change copyright law almost at
| will, in expectation that new anti-peer-to-
| peer laws will drive infringement to other
| services such as Rapidshare and newsgroups.
| The measure, which is the most severe
| contained in the Digital Economy Bill
| published today, will be interpreted as a
| major victory for rights holder
| organisations. It will grant the Business
| Secretary Lord Mandelson and his successors
| undprecedented control over civil
| enforcement of copyright.


Mandelson seeks to amend copyright law in new crackdown on filesharing

,----[ Quote ]
| Lord Mandelson is seeking to amend the laws
| on copyright to give the government
| sweeping new powers against people accused
| of illegal downloading.


Mandelson to get Nominet reform powers

,----[ Quote ]
| Ministers have revealed new legislation
| that will allow the government to take over
| and reform Nominet, following a boardroom
| battle over the .uk registry's future.
| The reserve powers are included in the
| Digital Economy Bill, published today by
| Lord Mandelson's Department for Business.


TalkTalk threatens legal action over Mandelson's filesharing plan

,----[ Quote ]
| TalkTalk, the second largest internet
| service provider in the UK, has threatened
| to launch legal action if business secretary
| Peter Mandelson follows through with his
| plan to cut off persistent illegal
| filesharers' internet connections.


ISP's attack government anti-filesharing tactics

,----[ Quote ]
| THE UK'S TOP Internet service providers have
| opposed Business Secretary Lord Peter
| Mandelson's daft plan to cut off persistent
| illegal filesharers' Internet connections.
| Talktalk has even said that it feels the
| scheme infringes upon people's rights and it
| will be happy to go to court to have it
| struck down.


Mandelson and âThree Strikesâ: Not So Much âDark Lordâ...

,----[ Quote ]
| Unjust, because it allows the media
| industries to function as prosecutor, judge
| and jury, with only minimal oversight by
| proper legal authorities; unjust because it
| cuts people off from what is fast becoming a
| necessity of modern life, as the UK
| government itself is promoting; unjust
| because it penalises an entire family for
| the alleged actions of one member: something
| that in war would amount to a
| disproportionate and vindictive act of
| reprisal - a war-crime, in fact.
| It is unworkable because it will be almost
| impossible to tell whether copyrighted
| material is being transmitted legally or
| not; and ultimately it is unworkable because
| people will simply start encrypting material
| before downloading.


Mandy confirms he'll cut off filesharers

,----[ Quote ]
| Labour's plan is that the music industry
| will monitor what people are downloading,
| and on their say-so (not in any court of
| law), internet subscribers will receive two
| warning letters and then have their internet
| access cut off. The music industry will not
| have to prove that the subscribers have
| being doing anything wrong; instead
| Mandelson's plan is that they will act as
| judge, jury and executioner. And it's not
| just the subscriber who will be cut off,
| their whole household will be too; this
| collective punishment, if done in wartime,
| would be a war crime under the Geneva
| Convention.


We the undersigned petition the Prime Minister to abolish the proposed law that will see alleged illegal filesharers disconnected from their broadband connections, without a fair trial.


Parliamentary Comms Group Says âNoâ to UK 3-Strikes

,----[ Quote ]
| An increasing death-knell is sounding for Lord
| Mandelsonâs proposals for 3-strikes Internet
| disconnections. The latest blow comes from the All Party
| Parliamentary Communications Group. After a consultation
| earlier this year, they have now published their
| response, and itâs not one favorable to âDarth Mandyâ
| and his plans.


U.K. Minister Defends Internet Suspension In MPAA Speech

,----[ Quote ]
| Meanwhile, a joint statement from the Featured Artists Coalition, the British
| Academy of Songwriters, Composers and Authors (BASCA) and the Music Producers
| Guild also condemns the plan.


Lammy appeals to film and music industries to help tackle online piracy

,----[ Quote ]
| Lammy cites apparent inconsistencies in copyright law, citing the example of
| a CD owner who wants a copy on his MP3 player. "Is he breaking the rules or
| just refusing to be ripped off?"
| "Something isn't right with copyright. Not just in the UK but as a whole. And
| I want to do something about that," he says.


An open letter to Lord Mandelson

,----[ Quote ]
| Your proposal is wrong for purely economic reasons. It is wrong because it
| will stifle a major opportunity for economic growth right at the point where
| we need it most. And it is wrong because as a government your role is not to
| legislate to protect business models but to regulate in a way that balances
| the risks of damage in one sector against the potential for encouraging new
| sectors to develop.


Creative industries and consumersâ rights

,----[ Quote ]
| We hope that the Government will consider genuinely consumersâ rights in its
| endeavours to protect the creative industries.


Good Thoughts on Naughty Lord Mandelson


The Right to Science and Culture


Peter Mandelson Defends His Sudden Conversion To Kicking People Off The

,----[ Quote ]
| You do realize that a UK-based music organization (PRS) recently released a
| report noting that the music industry in the UK is actually growing? Right?
| These are the sort of facts the Secretary of Business knows, right? And if
| the industry is growing, despite complaining about file sharing, isn't it
| possible that the real issue is just focusing on business model improvement,
| rather than the hand of gov't stepping in and slapping people around?


BSA Jumps Onto The Three Strikes Bandwagon

,----[ Quote ]
| More troubling, however, is that when questioned about the new statement by
| Ars Technica, the BSA said it was necessary because "last year our industry
| lost over $50 billion (USD) worldwide." Hmm. It's really quite troubling that
| the BSA still stands by these numbers when they've been debunked so
| thoroughly over and over again. They count the "retail value" of every piece
| of software as being "lost," which is clearly a lie. Five years ago, the
| research company that runs these studies for the BSA, IDG, flat out said that
| the BSA was wrong in claiming that "the retail value" of the software is the
| same as "losses." So why does the BSA continue to get away with claiming it?


UK "Three Strikes": Please Write to Your MP

,----[ Quote ]
| Yesterday I wrote a quick analysis of the insane U-turn effected by the UK
| government over "three strikes and you're out". Below I've posted the
| corresponding letter that I've sent to my MP on the subject.


Fon and Games with "Three Strikes"

,----[ Quote ]
| Suppose, now, that people use some of those million hotspots to download
| copyright material: how easy is it going to be (a) establishing exactly who
| downloaded it and (b) cutting off that person?
| Gives a new meaning to the term "hotspot"...


Lord Mandelson pays off his Â750,000 mortgage within a year

,----[ Quote ]
| The mystery of how Lord Mandelson managed to afford a Â2.4 million town house
| in Regent's Park took a new twist this week with his claim in a newspaper
| interview that he did not possess a mortgage on the property.


38 Degrees backs campaign against âDigital Dictatorâ Mandelson

,----[ Quote ]
| Online campaigners 38 Degrees have launched an attack on Mandelsonâs plans to
| give himself the power to order internet cut-offs without trial. Other
| campaigners from a range of NGOs are getting in touch with us about this:
| there is a growing sense of outrage among people who know that the internet
| is the most important political tool we have.


Taking something for nothing is wrong . . .

,----[ Quote ]
| [by] Peter Mandelson


UK Wants to Zap File-Sharers

,----[ Quote ]
| It seems the British government is going loony for anti-piracy rhetoric from
| the likes of U2 and David Geffen.


Mandelson goes to war on teenagers downloading their music and movies... just
days after dining with anti-piracy billionaire

,----[ Quote ]
| Lord Mandelson launched a crackdown on internet piracy just days after
| meeting a leading Hollywood critic of illegal file sharing.
| The business secretary plans to criminalise the estimated seven million
| people - one in 12 of the population - who illicitly download music and films
| over the internet.


âTaking something for nothing is wrongâ â No, not expenses, data.

,----[ Quote ]
| In the meantime I am going to increase my sharing of Linux distros and hope
| that someone tries to accuse me of sharing files illegallyâ..lets see how
| much of my unlimited monthly broadband I can use.  Maybe time is up for the
| proprietary model?  Maybe you should now be looking towards FOSS and the GPL?
| You certainly donât have to worry about sharing issues then.

Version: GnuPG v1.4.9 (GNU/Linux)


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