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As Enlightening 3 Strikes Data Appears, Authorities Raid Top Cyberlocker Sites

In mid-2009, South Korea made the pioneering move of implementing a 3 strikes style regime for dealing with illicit file-sharing. As statistics become available for the first time, authorities have conducted one of the biggest piracy crackdowns involving so-called cyberlocker sites. The Ministry of Culture says that 19 of the country’s top services were targeted which together served up to 4 million users.

For the past several years, the music industry has championed the need for a 3 strikes-style regime in order to combat illicit file-sharing. The idea is that when someone is monitored illegally sharing files, they are sent a warning letter via their ISP. On receipt of a third such warning the recipient will find his connection to the Internet temporarily severed.

On April 1st 2009, South Korea took a step into the unknown by passing legislation to begin such a regime. By July 2009, warnings were being delivered to users via their ISPs and now, thanks to work by Heesob Nam, the results of the first 6 months of the scheme are available, as shown in the table below:

SKorea3Strikes

Interestingly, ‘Suspension of User Account’ – the 3rd strike – hasn’t been used at all in any case. So, while on one side people will argue that a 3 strikes regime was never necessary, others in the music industry will no doubt frame it differently – that the threat was necessary to force compliance and has been proven to be 100% effective. Whether that trend continued for the rest of 2010 remains to be seen.

However, a unique aspect of the South Korean implementation of 3 strikes is that it applies to websites too. If found to be continually hosting infringing content, either as reported by copyright holders or at the discretion of the government, sites run the risk of being shut down by the authorities.

It is of great interest, then, that while the above figures show zero disconnections for the the first 7 months of the scheme, the same will not be true when March 2011′s figures are reported.

The South Korean authorities have just announced they have conducted a major crackdown on some of the country’s top cyberlocker/file-hosting services.

According to the Ministry of Culture, 19 “die-hard” sites were targeted in the operation which was carried out by dozens of investigators over the past several days.

Together the sites are reported to have served between 2 million and 4 million users, and in common with pending cases in the United States, prosecutors in South Korea claim that the sites encouraged those users to upload infringing material.

So far around 1000 TB of data has been seized and the prosecutors say work is now underway to identify the heaviest uploaders. Since South Korea’s 3 strikes law allows action to be taken against those who continually upload infringing content even to file-hosting sites, Internet suspensions could be on the way.

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  • Phobophobia

    I’d like to see the data for South Korean VPN uptake!!

  • Phobophobia

    I’d like to see the data for South Korean VPN uptake!!

  • Phobophobia

    I’d like to see the data for South Korean VPN uptake!!

  • Anon

    ok then, how about this, som1 uploads sh!t to the governments website then we give them warnings, then we take all their harware n sh1t and leave them with a ‘fck u’ note?

    all these guys r such d1ckw33ds..

    • Lynx

      Yeah, so they can go out and buy $500,000 worth of new hardware.. and guess who pays for that! When will people realize that trying to “screw the government” really means “screw the people” because we have to pay for all that stuff!

      • http://pulse.yahoo.com/_SNEGX3IQKOO47C67A3UCS2VBVU Don_Maxis

        Then… Don’t fucking pay for it.

        • http://billy.wenge-murphy.com/ Billy Wenge-Murphy

          Don’t pay taxes? Playing anarchist is adorable, but I’d like to know how you do that in day to day life.

          What’re you gonna do when you’re arrested for tax evasion? Fight back with….idealistic rhetoric?

        • Anonymous

          Ah, but if you get paid ‘under the radar’ you can evade taxes quite well. I personally don’t do that, but I have a few friends who are paid under the table and it works quite well for them. The only taxes they pay are the various fees that they charge for automobile licenses, sales tax, etc.

  • Sdsdfsdf

    werid it doesn’t show if the account suddenly increased in encrypted traffic to show they haven’t stopped only switched to a VPN.

    looks like they’ve bypassed basic IT knowledge, good for us then.

  • Anonymous

    There is no mention if South Korea uses a safeharbor scheme like other countries do.

    I mean without safeharbor even YouTube would have been raided and taken offline had they been based in South Korea.

    I expect that answer is a ‘no’ which is why all these sites got raided while South Korea destroy their own infrastructure.

    Worst of all you can really destroy a web service by uploading media and then complaining about it. Take out your rival services.

    So South Korea is now in the realm of cyber warfare and their infrastructure is open to attack.

    Great Government policy. CLAP CLAP CLAP

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  • Whatever

    Only 8% of (South) Koreans are filesharing ?
    It is only the Cyberlocker sites so maybe its more.

    Maybe the government there wants to join North Korea and need to slowly shutdown the internet.

  • WhiteGuyInKorea

    I live in Korea and can say a bit about this.

    The vast majority of the sites they took down claimed to be entirely legal, even going so far as to charge a monthly subscription fee for access telling you that royalties, etc are paid through that. A part of the TOS stated that anything you upload must be in the public domain, or must be something to which you are the copyright holder.

    They relied on peoples honesty to do the policing. However, they did take things down if an infringement notice was received.

    Having checked out a few of them myself, 99% of the files uploaded most definitely where not public domain in any way shape or form.

    It is much easier to go to one of the street vendors, pay less than 10 dollars and 5+ first run DVDs. Heck, they even let you preview them at the stand to verify the quality of the copy.

    I can buy music online, through one of the big retailers in country and pay around 25-30 cents per track, and hen have the option of getting the track in mp3 format for my computer, sending it to my cell-phone AND having it available for streaming if I am traveling.

    • http://disqus.com/ Rob8urcakes

      You’ve highlighted really quite well the very problem with the USA’s stupid insistence on merging non-commercial filesharing with ‘real’ piracy where people are attempting to sell this stuff for cash, profit or some other personal and tangible gain.

      The law of copywrong, and the law of counterfeiting and selling of ‘content media’ desperately needs updating, separated, clarified and improved to benefit the artists and consumers in light of our tech revolution.

      The uber-rich leeches who used to produce this material needs to get off the backs (and stop filling the pockets) of our politicians. Your days are over. Change or die.

      • Ninja

        Agreed. The sites that made DIRECT money out of any files deserved it. However, I wonder if charging for the SERVICE isn’t fair since they are providing the infra-structure and so on. In the end it doesn’t matter since file sharing is illegal in the eyes of the law. Shame.

        • http://disqus.com/ Rob8urcakes

          I think it would be more accurate to say that filesharing is illegal only in the eyes of the MAFIAA and their purchased ‘friends’ in the US government who want to make it a criminal offence.

          But for now, filesharing is merely unlawful because it’s still only a civil matter and not yet a criminal one.

          It’s a fine line between the two Ninja, but illegal applies to criminal acts and unlawful applies to matters in civil law.

        • Anonymous

          Actually, no. Those involved in law would only use lawful and unlawful relating to any law civil or criminal. They have plenty of other words to describe how serious the crime is.

          Illegal is more a moral term. For example I declare it illegal for anyone to reply to this posting when I do not approve of it but it is not unlawful for you to do so.

        • Ninja

          Oh I’m doing something illegal now [replying to your post]. Sexy.

          Rob you have a point. In most places file sharing is somewhat of a grey zone and it’s not actually illegal or unlawful given the proper circumstances. Not that MAFIAA isn’t trying hard to make it fully unlawful/illegal.

    • Anonymous

      So they stopped people from downloading personal backup copies, and leave the people selling them for profit without consent from the copyright holders? Sounds legit. ::rolleyes::

    • Ninja

      wow! 30 cents?! Do they get international credit cards? I have a few hundred songs I wanna buy.

      Ahem, as pointed out before file sharing will never end even if the prices are good and the availability is high. It’s much more than means to get free music. MAFIAA disagrees but their opinion is as valuable as a pile of…..

  • Ninja

    Enigmax, is it hard to find p2p data, vpn/proxy usage and the likes from SK? I mean, it’d be really interesting to see the impact this law had there. Considering the country has almost the entirety (if not 100%) of the population connected to the net it’s a nice ground for a research on sharing habits and even sharing acceptance like the Danish thing. We know SK is not the best example of democracy (nor the worst mind you) in the world but they do know what they are doing with their education and infra-structure.

    I feel this is one hell of an opportunity for enlightening!

  • Ninja

    Enigmax, is it hard to find p2p data, vpn/proxy usage and the likes from SK? I mean, it’d be really interesting to see the impact this law had there. Considering the country has almost the entirety (if not 100%) of the population connected to the net it’s a nice ground for a research on sharing habits and even sharing acceptance like the Danish thing. We know SK is not the best example of democracy (nor the worst mind you) in the world but they do know what they are doing with their education and infra-structure.

    I feel this is one hell of an opportunity for enlightening!

  • Him

    this type of action will continue until the internet isn’t used by the public of any country anymore, unless to purchase something. then the various entertainment industries will be happy, not only that but they will then start to use torrent themselves, being able to charge the same exorbitant prices (just for a download) as the charge for a physical media with case, sleeves, images etc. wait and see!

    • Reader

      if that is what the future holds, then most people probably wouldn’t bother having an internet connection, in which case, the media “producers” fucked over the entire planet for a service no one will really touch anymore… great business sense

  • Anonymous

    Wow thats crazy man. Dont the stupid cops have anything better to do? Seriously.
    privacy-online.it.tc

  • Chimel31

    “when March 2011?s figures are reported”
    What about March 2010?
    These graphs are over a year old, I don’t see what “trend” they show except that ISPs follow the CC recommendations to the letter, or rather the number.

    I also don’t understand the difference between “cease to transmit” and “suspension of user account.” There does not seem to be a need for a third “suspension” strike if the second strike is “delete/cease to transmit.” Am I missing something?

  • Chimel31

    “when March 2011?s figures are reported”
    What about March 2010?
    These graphs are over a year old, I don’t see what “trend” they show except that ISPs follow the CC recommendations to the letter, or rather the number.

    I also don’t understand the difference between “cease to transmit” and “suspension of user account.” There does not seem to be a need for a third “suspension” strike if the second strike is “delete/cease to transmit.” Am I missing something?

  • http://pulse.yahoo.com/_4SCIYMGGXZOLMMUXG7NRYIO5OY ma.flor

    Whoa! this is some crazy shit. Why don’t they just focus on other rather big problems of the state?! And just leave these sites alone!

    “We help Americans find jobs, prosperity and explore Asia.”
    For details, visit http://www.pathtoasia.com/jobs

  • Acce

    I’m happy that I have my seedbox!

  • Pupkin

    People of South Korea are still using Internet Explorer 6, all because of their government (seriously!). Market share of IE6 is at 24% in South Korea.

    • http://twitter.com/reeboker Patrik Falta

      WTF, internet advanced nation using IE, fuck me… XD

  • Asdf

    And how has this affected the sales?

  • BTGuard - BitTorrent Anonymously

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