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Efficiency Tests Delay U.S. “Six Strikes” Anti-Piracy Scheme

The much-discussed U.S. six strikes anti-piracy scheme has been delayed until later this year. The main question on people’s minds is why. Is it because of the SOPA and PIPA revolts? Are the Internet providers having second thoughts? Not according to Advisory Board member Gigi Sohn, who points out that finding the right “language” for the warnings is one of the delaying factors.

The MPAA and RIAA, helped by five major Internet providers in the United States, will start to warn and punish copyright infringers later this year.

The parties launched the Center for Copyright Information (CCI) and agreed on a system through which copyright infringers are warned that their behavior is unacceptable. After five or six warnings ISPs may then take a variety of repressive measures.

Initially the first ISPs were expected to send out the first copyright alerts by the end of 2011, but for reasons unknown this deadline silently passed, as did the revised July 2012 start date.

TorrentFreak learned that all Internet providers now plan to roll the scheme out whenever they see fit, but still no official explanation has been given for the apparent delay. Luckily, Public Knowledge president and co-founder Gigi Sohn is offering a helping hand.

Sohn is one of the public rights advocates who were invited to join the CCI Advisory Board earlier this year. After noticing many questions about progress on the “six strikes” scheme she has decided to release some more details.

The first reason for the delay, according to Sohn, is that the Internet providers need time to get the technology ready to alert pirating subscribers via email.

In addition, the CCI is also undecided on what language to use in the alerts. They are currently running tests to find out what works best.

“The Board, with the Advisory Board’s advice, has been testing messages for the alerts to see what will be effective and what will not. This testing has included focus groups with parents and young adults,” Sohn explains.

Judging from some of the anti-piracy messages DVD-viewers get to see, the emails could include a list of scary threats mentioning jail time and massive fines. However, Sohn notes that CCI will most likely choose a softer approach.

“The CCI’s alert methods and messaging will almost certainly be shaped by the recent reports from France that discuss the demise of the ’3 strikes’ Hadopi law,” she writes.

As we reported last week, the French Culture minister said that Hadopi failed because it didn’t point people towards sites where content could be bought legally.

It is expected that the U.S. emails will focus less on punishments and more on legal options, but the testing panels are currently figuring out the best strategy.

The third and final reason for the delay is down to the American Arbitration Association, who have yet to finalize the appeal procedure. The expectation is that many people who receive a warning will not have actually downloaded anything personally and will therefore require an easy way to appeal “strikes”.

It will be interesting to see whether the first alerts will indeed go out before the end of the year, what language they include, and how effective they will be.

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  • http://twitter.com/binarymutant Christopher Lunsford

    “The expectation is that many people who receive a warning will not have actually downloaded anything [...]“great business practice

    • what could go wrong

      It worked for ACS:LAW : )

      • Anyone

        until it didn’t

        • Hitler

          Stupid ACS:LAW just me

      • Violated0

        ACS:Law did explode and much joy and satisfaction soon followed.

        • what could go wrong

          I know what you mean…….
          Queuing for coffee while my train is late, is now strangely satisfying.
          Now I just think…Big Whoop. : )

    • MadAsASnake

      The accusers don’t know who did it. They know they don’t know. Subscribers that didn’t do it haven’t a hope in hell of proving the negative, nor should they have to. IP is not capable of identifying individuals and is therefore not fit for purpose. They need other evidence. Hadopi failed – it had to. Had they actually “caught” more people there would have been uproar. Even if they “catch” people, they have no evidence that will stand up in court…. these schemes should be banned.

      • Vincent Giannell

         Banning these schemes will not stop the industries I’m afraid.

        • http://profiles.google.com/zerianis10 Christopher Kidwell

          Actually, yes, it will. If you mandate in the law that there has to be some other evidence besides just an IP address, which is easily faked just like MAC addresses or can be linked to a wireless router that has been broken into?

          These schemes are stopped totally and there is no other that these companies can try.

      • Guest

        The accusers don’t even know if the IP addresses are correct. 

        What happens when somebody with a dynamic IP downloads a movie, then a week later the IP address is assigned to another internet user? 

        This whole scheme is a mindblowingly flimsy house of cards. 

        • what could go wrong

          They will just “Timestamp” the ip address they record.

          You can’t beat the system (easily en mass)
          You CAN break it. (with mass)

          Spoofing IP’s in bittorrent transfers is now a must.
          Picture thousands of letters getting sent out to fax machines, mobile phones and other internet connected devices, were proof of innocence is real and verifiable but unknowable to an IP address harvester.

          6 strikes via IP harvesting………You can break it.

        • http://profiles.google.com/zerianis10 Christopher Kidwell

          Timestamping is not always accurate, what. Nowhere near accurate all the time and it still doesn’t take into account easily broken into wireless networks.

          Basically, it’s time to put the kibosh on these schemes and tell the companies “This is like having an illegal thing mailed to a P.O. box shared by a bunch of people. If you cannot figure out who actually ordered the illegal thing in question, you have to let everyone go. None of this ‘charge them all and let the jury sort it out’.”

    • MadAsASnake

      … that would be the people that are already paying – how many will start questioning that?

  • Rob

    Is there any documentation anywhere on the process/tech behind this, i.e. how the ISPs will know that you’ve downloaded illegal content? The location of content, particularly on file lockers, is always changing, and new sources are always being added. Is it up to the MPAA/RIAA to provide links of infringing material for the ISPs to cross-reference? Will they know which torrents I’m downloading from a private tracker, and whether or not they’re illegal? I guess I’m wondering how extensive they can make this. Could it possible get into all the nooks and crannies of the internet, or is this mainly for mainstream, public trackers and major file lockers?

    • Anyone

      the CCI generates random IP addresses and sends those to the ISP who will then sent a “strike” to the account they assume was meant

      so basically, no matter what you do, you will eventually get strikes
      but the good news is those strikes don’t do anything

      • http://gene-poole.tumblr.com Gene Poole

         That is, until the MAFIAA strongarm the ISPs into terminating service based on violation of ToS. That’s part 2 of the master plan.

        • Anonymous

          If the ISPs still want to make money. I don’t think they will be terminating any services any time soon.

        • http://gene-poole.tumblr.com Gene Poole

           @aa3a8a489e392846b0db53525af0c221:disqus  While I hope you’re right, fact is if it comes down to that, the ISPs might not have a choice in the matter. Can’t you see the MPAA/RIAA/IFPI trying to take the ISPs to court?

        • http://profiles.google.com/zerianis10 Christopher Kidwell

          Gene Poole, we can see that and we can also see them losing almost immediately because of the DMCA.

        • Ben Brubaker

          The first notice I get, I’m cancelling my account on that very phone call.
          I assume it’ll be  phone call, as I have about a shit ton of email addresses and good luck contacting me with whatever one you think I answer for my internet service.

    • Robin Hood Pirate

      Foget about your rights as human , as citizen of thses fuckin country like USA UE etc foget about privacy about justice etc , there is no rights , no freedom, no democracy , just slavery manipulation and big lies !
      All happen becouse of GREED of fat bitches riches who want more money more control more slaves – take a look at crises – riches get more money and become more riches and 99% of people become more slave and poor day by day without rights – becouse politicians put in sale people rights and get bribes , the fuckin money

      ONE thing can stop them all – BOYCOTT – dont buy music dont buy movies dont buy e books , dont buy games , softs or any other e media entertainments , products  ,start search and download them for free – they will loose money , will lose power and if billions people will download for free if what they call” pircay will encrease and exlode then they will fail – becouse they cant force billion people to do something , laws can be applyed on mass people (they cant jail billion people , they can force billion people to pay fine becouse people will reject to pay fines , also they cant do anything becouse noboy win when fight with more then half world – look in history where it is now people who try to fight with billions people – all are dead , all their systems fail , becouse without people support nothing works nothing resist in time , if  mass people choose to do something and acting doesnt matter what few people say , doesnt matter what laws says, mass people win at the end becouse they have real power to change – to remove stupid corupt greedy leaders , to change systems , laws and anything !

      Seems these rich fat stupids are blinded by money and foget about people power, but im shure they will wake up when people will hunt them

      • Mwhahaha

        Pirates don’t buy anyway, apparently. Not buying just confirms their suspicions about you.

        • MadAsASnake

          Actually, many pirates are among the top spenders on media…
          There are two things media companies can two to curb piracy
          1. Provide better options (they don’t have to be free…)
          2. Quit alienating their customers.
          Unfortunately, they need to be dragged kicking and screaming into the first, and are way to stupid to see that false accusations (6 strikes will provide tons of those) are more likley to turn people against them than gain any sympathy.

        • http://gene-poole.tumblr.com Gene Poole

          exactly. Boycotts just guarantee a stronger response. When all these people who are already funneling huge amounts of money into entertainment (as studies have shown the biggest consumers of media are the ones who are downloading it, the afficionados, so to speak), when these fans suddenly start boycotting, the only thing the MAFIAA will see with their blinders on is PIRACY!!!111, those filthy pirates are cutting into our bottom lines, now all of these consumers have turned to piracy!, and we will have even stronger draconian measures coming forth. public whipping at the stockade for infringers or something.

          No, the only solution is to change the laws to reflect the public will.

        • Lol

          according to research, pirates buy more and its documented, mafiaa troll…

        • John

           ””No, the only solution is to change the laws to reflect the public will.”

          can they start with legalizing w33d? they recently outlawed synthetic cann_ib*us in most places in nz and usa, even though they banned certain chemicals be4, now they say we ban all, instead of banning certain chemicals only, when the ppl want them; they just say no as the pigs are corrupt and like to protect big pharma and beer/cig industry. they rather u get cancer from beer/cigs than b healthy with w33d. If u trust govt or cops, u must be dumb as hell to do so…

        • Psychiatrist

          Try to forget those unpleasant memories. Take your medication

        • PiratesPayForShitToo

          I have bought over 100 DVD’s, mostly older movies rather than the remakes they’re pumping out at the moment, so far this year. I download the new stuff because it’s mostly crap. Hell, half of the new movies I don’t even watch all the way through. I download TV shows because it’s days/weeks/months before they’re shown on any of my TV stations.

        • F

          Fuck yourself , stupid people like you will never understand why live in this world !

        • http://profile.yahoo.com/L2FW55JCG4NNVE2CCP5336XJRE Cheese!

          Oh, boo hoo, like I give a shit what ‘they’ say about me.
          Right or wrong, they’re losing my money by the fistful. 

      • Vincent Giannell

         Boycotting will only get you arrested.

    • Mwhahaha

      For torrents they’ll sit in the swarm and harvest IP addresses I’d imagine. 

      For lockers I’d imagine they’d have more problems as that’s private communication between you and the site.

      I always saw this strikes bullshit being aimed solely at torrent users, but I’m sure they’ll do everything they can to arrest everyone currently at liberty before the 2013 blockbusters hit the screens.

      • MadAsASnake

        They can’t track locker downloads. Scrping IP’s off torrents is pretty error prone – so much so that all you need to be acciused is to use one of the companies in this scheme…

    • http://gene-poole.tumblr.com Gene Poole

       If the MAFIAA are responsible for providing evidence that it has happened, everyone is safe. We all know their ‘proof’ is based on blue sky bullshit.

    • Lol

      keep up, questions already addressed be4

  • Banana

    Not cool.

  • Xtravaganza
    • thedude321

      Gtfo spammer!

  • http://twitter.com/Anime4PSP Anime 4 PSP

    pff, why they even do it? they will stay it’s effective even though it won’t do any good? why even waste time and money on fake tests? -_-

  • Riii

    glad I don’t use torrents but I bet they’ll attack direct and file locker downloads soon after.

  • al

    I see a different reason for the delay. The payoffs need to be laundered.

  • Guest

    Can this 6 strikes be dropped should the opposition win the US election or is this 6 strike set in law now?

    • http://twitter.com/binarymutant Christopher Lunsford

      it’s not a law

      • Anyone

        exactly, it’s just the 6 biggest ISP fucking over their customers

        change to another ISP if that is the option

        • http://gene-poole.tumblr.com Gene Poole

           Should get away from the big 6 anyway. They already spy on everyone’s communications illegally. AT&T, I’m talking about you. Assholes.

          And to top it all off, it’s illegal, we know it’s illegal, it happened, we know it happened, and nobody can or will do anything about it.

          http://www.techdirt.com/articles/20120809/11041019980/court-feds-can-spy-americans-without-warrants-with-no-legal-repurcussions.shtml

          even though it’s illegal, it’s not like you can make the government stop or anything.

        • TheyLie

          It’s the six biggest ISP’s that have deep connections with the media companies.

        • Ben Brubaker

          @Gene_P00le:disqus  They all do it. Online privacy is dead. Right? I never assume anything I post anywhere online is ‘private’. 

      • Violated0

        It is a nice anti-trust lawsuit when commercial organizations are not allowed Government-like powers over the population.

        Then the Government do not want to touch this one due to some serious Bill of Rights abuses. Not to forget the election edge “Dear voters. I want to attack you and disconnect you from the Internet. Please vote for me”

    • Mwhahaha

      The Republicans are well known for standing up to big business…

      Blimey charlie, if you’re a yank pay more attention to politics.

      • stabby_kat

        They’re more well known for saying one thing and doing the exact opposite and placing the importance of money above people.

        • Valid3mail

           You’re actually talking about all politicians. Anything they can do for another term.  Not limited to right, left or center.

      • Ben Brubaker

        The Republicans are well known for taking a fist right in the ass like a puppet and smiling the whole time. Democrats talk a buncha shit but usually capitulate to Goldman Sacs, etc. There’s a lot of DINOs in Congress. Are they both greedy pud suckers? yeah. Are they the same? No.

        False Equivalence.

  • MaterteralKloof31
  • Mwhahaha

    A system such as this which includes a formal appeal process is financially unsustainable unless it kills piracy overnight.

    If you have a few years of appeals, and everyone *will* appeal if they can, and the studios etc have to provide incontrovertible proof that the person targeted was the downloader then they’ll soon be a big expensive line of appeals who someone has to pay for.

    This whole system goes against innocent before proven guilty. 

    It failed in France, the US are dicking about and are uncertain on how it will work, the ISPs everywhere don’t want it, customers don’t want it, you can be fucking sure the court systems in all of these countries don’t want the added workload and expense if people can take their appeals to a full legal setting…

    Who wants it? A score of obscenely rich men from America.

    Yay capitalism!

    • http://gene-poole.tumblr.com Gene Poole

       I’m not american unfortunately so it’s not my turn to get the 6 strike program…yet. I’m sure it will come to Canada as soon as the people in power realize the US is doing it.

      My first response upon receiving one of these warnings would/will be to contact the PR department of my ISP and advise them that it’s impossible to prove the negative, whatever evidence the complainants have is unsupportable, I did not do it and I will not be paying to appeal, and that if I receive a second notice I will be terminating my service.

      I’m willing to vote with my dollars and I would recommend everyone else do so if it’s at all possible. I’d rather go with a lower speed with a company that respects and defends their clientele, someone who knows where their bread is buttered instead of bullshit like this.

    • RHP

      innocent before proven guilty … freedom , privacy , human risghts …LOL … who belive in these words now ? Are just lies to manipulate mass people !

  • stabby_kat

    Thinking of moving to a different country and taking my company with me. Why would I want to support an economy of proudly greedy fascists.

  • http://gene-poole.tumblr.com Gene Poole

    That image really cracks me up. I would love to see the small print on that statement, 5 years in prison for filesharing. (1) (2) (3)

    (1) some conditions apply. Offer may not be available in your area, consult law enforecement for details

    (2) prison terms require proof of intent, which must be provided by the infringer. Skill testing question required.

    (3) Really, this is just supposition. Nobody has ever been sent to prison for downloading a digital file. But, you know, FUD and all that shit. Disinformation FTW, MAFIAA!! (or something)

  • Vincent Giannell

     Even with the right language for the warnings, this scheme will still fail due to complaints from users.

    • Anyone

      you have to pay to complain

      • Vincent Giannell

         Not always. Paying to complain won’t help.

      • http://gene-poole.tumblr.com Gene Poole

         of course, you could use your dollars to vote, instead of paying your ISP to voice your concern. cancel your service with them. Go somewhere else to an ISP that aren’t complete fuckwad assholes.

  • ofProto

    I have a feeling it won’t go through. Why would Comcast or AT&T scare off their own customers?

    • Anyone

      to get paid off by the MAFIAA

      • Vincent Giannell

         Unless they go broke.

  • Newsday

    Cablevision sends me spam emails all the time.  I just delete them. 

    So I doubt that “ISPs are still implementing the technology for sending the alerts and it has taken longer than first expected.” 

    Any email I get from Cablevision is always immediately deleted.  Maybe they need to stop spamming their customers BEFORE they start sending out email “strikes”. 

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  • Swan

    It’s quite unfortunate that the only ISP in my area is Comcast.  My only other option would be to go with dial-up (not happening) or a mobile 4G internet connection, and considering 4G coverage tends to be spotty in my area, that’s not really an option, neither.  My only other option would be to move to an area with a different ISP, which unfortunately, thanks to corporate greed and recession, isn’t an option.

    Feels like I’m constantly being screwed, and the only ones laughing are corporations and lobbyists on their way to the bank with my money.  Yay, capitalism… USA, USA, USA!!

    • http://gene-poole.tumblr.com Gene Poole

       then your next options would be to invest in a vpn service, switch to usenet, or steal your neighbour’s wifi.

  • Pingback: Anonymous

  • Guest

    Yeah, pick your words carefully.
    You want to let people know that their liberties mean nothing to the prostituted politicians and that jail is now for the innocent, but you don’t want them to be aware of how badly they’re being abused.

  • ThumbsUpThumbsDown

    The third and final reason for the delay is down to the American Arbitration Association, who have yet to finalize the appeal procedure. The expectation is that many people who receive a warning will not have actually downloaded anything personally and will therefore require an easy way to appeal “strikes”.

  • Ophelia Millais

    Wait…so the American Arbitration Association is handling appeals? Oh that’s just f’ing great.

    Arbitration used to be something used primarily in business-to-business relations, but in the past decade, thanks to some “pro-business” Supreme Court decisions, it has turned into a bludgeon that corporations use against consumers and employees, forcing them to sign away their rights to sue, join a class action, or recover anything more than actual damages in a dispute—that is, if they want to keep their job, get a loan, use a phone, or do pretty much anything anymore. Meanwhile, the corporations get a free pass to do screw you over however they want, knowing that they’ll never be held accountable in court, and knowing that their losses, if they do happen to ever lose in arbitration, will be minimal, unlike in real court, where losing can be rather painful for them.

    The way the arbitration system works is this: moonlighting judges and industry-friendly lawyers get to play Pretend court, where they get to behave any way they please, with no public record of the case, relatively limited discovery, no penalty for not adhering to rules of procedure, no requirement to follow precedent, and making no contribution to case/common law. Without case law, you can be judged one way, and someone else in the exact same boat can be judged differently. Decisions made in this forum are final, too. Maybe you will get lucky and get a fair decision, but it will only apply to your case. And maybe you will get an unfair decision which you can’t appeal. The only consolation here is that the AAA are the better-run of the arbitration services.

    You’re probably already contractually obligated to resolve any dispute through arbitration instead of using the actual legal system that your ancestors fought and died to bring you, and that your taxes largely pay for. You probably will have also signed away your right to join together as a class or receive, in the unlikely event you win, anything more than minimal, actual damages and injunctive relief (e.g. there won’t be any punitive damages to discourage them from putting anyone else through the wringer). In other words, your ISP and the MPAA and RIAA will have no incentive to not make mistakes, because each mistake will never cost them anything more than chump change. Oh yeah, and watch out for “loser pays” clauses in your contracts.

  • Billysmart

    Well over here in the UK we’re soon to have a 3 strike system where you have to PAY to appeal!! PAY to appeal,How the hell can that be legal, It gonna cost people £20 which is about $30 each appeal,So your deemed guilty unless YOU pay to prove your innocents, Its all a total load of bollocks ands doomed to fail……

    • http://gene-poole.tumblr.com Gene Poole

       that’s a violation of the Convention for the Protection of Human Rights and Fundamental Freedoms, art. 6.2. As such, it is unenforceable. Innocence until proven guilty. All one has to do is challenge it.

      And if I recall correctly, British Telecom is a government sanctioned monopoly (or at least government controlled and regulated.) What I mean to say is one shouldn’t have to give up rights to pursue grievances through the court simply by doing business with a government monopoly.

      • Violated0

        Article 6 – Right to a fair trial
        1. In the determination of his civil rights and obligations or of any criminal charge against him, everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law. Judgment shall be pronounced publicly but the press and public may be excluded from all or part of the trial in the interests of morals, public order or national security in a democratic society, where the interests of juveniles or the protection of the private life of the parties so require, or to the extent strictly necessary in the opinion of the court in special circumstances where publicity would prejudice the interests of justice.

        2. Everyone charged with a criminal offence shall be presumed innocent until proved guilty according to law.

        3. Everyone charged with a criminal offence has the following minimum rights:
        a. to be informed promptly, in a language which he understands and in detail, of the nature and cause of the accusation against him;
        b. to have adequate time and facilities for the preparation of his defence;
        c. to defend himself in person or through legal assistance of his own choosing or, if he has not sufficient means to pay for legal assistance, to be given it free when the interests of justice so require;
        d. to examine or have examined witnesses against him and to obtain the attendance and examination of witnesses on his behalf under the same conditions as witnesses against him;
        e. to have the free assistance of an interpreter if he cannot understand or speak the language used in court.

      • RHP

        foget about human rights , you dont have any rights becouse they own everything , they own entire wolrd , human rights , democracy, freedom is just words to foolsih people to belive and support with work and your money (with conusmerism)  their system
        BOYCOTT IS THE SOLUTION ! becouse their power is in your pocket !
        If people will wake up and refuse to buy , refuse to work like slaves for theirs systems , then systems will fail and collapse !

    • nostrafarious

       You would love to believe its doomed to fail.

      • Ophelia Millais

        Well it will fail to stop piracy. I think that’s pretty much a given.

      • Guest

        It’s massively expensive, time consuming, and resource consuming for the ISPs involved. The system will produce a torrent(ha ha) of false positives. Customers will leave for ISPs that aren’t implementing this or just put themselves behind a VPN.

        Can you please explain how it’s not doomed to fail?

      • Guest

         Hadopi failed.  How is this plan any different? 

    • ThumbsUpThumbsDown

      Perhaps in the UK the Three Strikes regime comes from a law that elected politicians actually pushed through the Legislature? 

      If so, the regime is legal and the resulting sanctions have validity untill they are overturned. 

      At least, you have been screwed by politicians you elected. 

      In the US, Politicians tried to screw Americans with PIPA, SOPA, ACTA, CISPA, and TPP; collectively, probably a much broader denial of Constitutional Rights than your Three Strikes regime. 

      The result? 

      American Politicians were positively Bitch Slapped by a Massive Public Outrage that effectively rejected those laws. 

      No American legislature ever passed Six Strikes….

      The American Six Strikes Regime is NOT EVEN a Law!! 

      It’s a Private Agreement by a few Monopoly ISPs (I believe Five are actively participating) to treat American Citizens like Orphaned Vassals. 

      Personally, I think the Vassals will yet become angry enough to Pass a Constitutional Referendum changing Corporate Law in the direction of Denying these Corporations Legal Personhood and forbidding them from being present in the Democratic legislatures.

  • Guest

    >It is expected that the U.S. emails will focus less on punishments and
    more on legal options, but the testing panels are currently figuring out
    the best strategy.

    So long as there are individuals like Chris Dodd, Cary Sherman, and Beryl Howell still around and in power, colour me not convinced by this plan. Legal options are a joke, and the rest of the world is pretty much treated as non-existent. The relevant industries will likely come up with some piss-poor options weighed down by DRM and region-locking, kick up a temper tantrum when they aren’t suddenly trillions of dollars richer, then proceed to recklessly send out strikes.

    Note also that this plan, as far as I can tell, does not actually shield anyone from being taken to court by alleged copyright holders – and for those of us who’ve kept tabs on the phenomena of copyright trolling, copyright holders aren’t even keen on using the DMCA. (After all, why give someone a piece of paper when you can give someone a piece of paper AND intimidate him for several thousand dollars?) In other words, strikes won’t matter jack shit if copyright holders don’t respect them and drag alleged pirates into settlement claims.

    It’s going to add up as a fantastic waste of taxpayer money, just like every attempt at anti-piracy. You’d think that after 10 years of suing broke college students they’d find something that works.

  • Violated0

    It is expected that the U.S. emails will focus less on punishments and more on legal options, but the testing panels are currently figuring out the best strategy

    More like which lawful services get advertised and those who do not. A good question must be do these services pay to advertise? I can already see it now with rivals fighting over who gets listed and those at a commercial disadvantage.

    Then from the users point of view they are getting unsolicited commercial advertising which they could have blocked. It seems best to stick to informative with just ONE website link to a website that lists ALL lawful options.

  • ThumbsUpThumbsDown

    These Corporate Monopolies would love to have TOS Arbitration clauses solve ALL their Liability Problems under Six Strikes. 

    Under this demented Pipe Dream, ISP Customers in their Millions are herded into Arbitration channels and are Magically persuaded that the full span of their Constitutional Rights can be subsumed and waived under these TOSs. 

    Big Problem! 

    There’s not enough Prozac and Oxycontin on the planet to persuade Three Hundred Million Americans and Nine Supreme Court Justices that these TOS Arbitration Clauses contemplate waivers not just of contractual rights affecting the minutae of specific transactions; but, waiver of the actual Constitutional Rights of every American. 

    Delivery date; Workmanship; Product damage in transit; Inadequate performance of Offer; Failure to pay or pay as due; Entitlement to refund or returns.  These are the kinds of transaction specific details that can reasonably be said to be affected by a commercial TOS……But, accusations of Criminal conduct based on unvetted third party “evidence” without opportunity for full Judicial Review?  Threatened Sanctions
    and punishments to include service denial, with no recourse for Innocents other than what’s encompassed within the fine print of the TOSs? 

    It can be said that Civil Courts give deference to Administrative Entities for decisions within the area of their Administrative Expertise and Jurisdiction….

    Pray we can stop that from happening here…….

    Afterall, what makes these ISPs “Competent” to resolve the Due Process Rights of American Citizens in respect to what are, after all, unlitigated (as perhaps purposely ilitigible), Criminal Accusations?  Isn’t this PRECISELY what the Courts are for?  Why are these ISPs so DESPERATE to absolve the Courts of this Responsibility?

    On the day ACLU and EFF file these cases, we should all dig deep into the lint and send a big donation.

  • PirateSoldier

    No doubt the U.K will be next to bend over for the states with something like this

    • Ben Brubaker

      It’s not the US forcing this. It’s other fascists within other countries taking note on how the US is screwing it’s own citizens…then trying it out on the home populous. All I can say is, TAKE NOTE yourself, and defend your rights before they get a foothold. It’s too late here. It starts with the media. Good luck!

  • Andrew me

    It has been proved over and over again that an ip adress does not identify an individual so even if you end up going to arbitration you just deny any wrong doing.
    There are plenty of presidents for this and it would not take long  to get a lot of them printed out to prove that an ip address does not identify anyone. If they still insist on discussing the matter then advise them that you are prepared to discuss the matter further if they provide you with compensation for your time.

  • Anonymous

    ‘ As we reported last week, the French Culture minister said that Hadopi failed because it didn’t point people towards sites where content could be bought legally.’

    like all of these types of laws they will keep failing , unless there are sufficient legal sites to point people to, that contain files with no drm, fast speed, multi-format and sensible prices. the entertainment industries say they do, but in fact they only offer what they want and not what the customer wants. it is a much more profitable strategy for those industries to keep suing people whilst keeping control rather than give customers what they ask for. plus, they can continue to moan about losses to stupid politicians that are bribed to believe the bullshit the industries spout who then bring another freedom-restricting, privacy-restricting law against the people into play.

  • Poorexiles

    I am sorry, but an email is not an official form of communication. Imagine receiving an email from the photo radar at the stop sign next to your house telling you you were speeding…and to send a check payable to the county clerks office…

    • http://profiles.google.com/zerianis10 Christopher Kidwell

      Actually, a notarized e-mail is treated the same as a notarized letter. As long as the person in question can prove that you got and read the e-mail? It’s still held as valid.

  • http://profile.yahoo.com/6QO6MSZT7EYQLUT4TCXAZSEHSY Cinnamint

    I know it’s copyright infringement. But, I just wanted to share this awesome new tune. The fruits of my filthy pirate behaviors, arghhh.

    http://www.youtube.com/watch?v=XM1fDkC4c0Q 

  • http://profiles.google.com/cybervigilante Jim Mooney

    Big Brother is watching you. The money buys the law. Look how the DOJ just let Goldman-Sachs skate free for their vast crimes. 

  • Daniel

    HADOPI didn’t fail because it failed to point out legal alternatives, it failed because it was financially unviable. It failed because as expensive and legally grey a scheme as it is, it had no positive effect on legal download sales, and people would rather learn about how to prevent being detected rather than stop downloading.

    Although it is highly questionable whether the responsible authorities will draw the right conclusions, the simple reason for this is that people don’t buy things they can’t download, they just download something else, or nothing at all. They have this weird concept of how people are in this to save money, and that they download stuff they would otherwise be willing to pay money for. But if they were, they would. Leaving morality issues aside for a moment, people download because they (a) can’t afford to buy the original, (b) just want to have a look/listen and would never pay money for the original, or (c) there is no legal alternative. In none of these cases would preventing a download lead to a sale in its place.

  • Miami Sunset

    AKA Six indicators to help you avoid detection.

    I would like to see this go into place because it’s probably the fairest method. However, they can’t send out a scare message with the first warning because it will only scare users away from that ISP.

    And as soon as the MAFIAA tries to sue someone you can be assured that the whole system will be seen as a cash-grab and fall apart.

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