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Scope of French ’3 Strikes’ P2P Piracy Monitoring Confirmed

As one of the pioneers of a ’3 strikes’ mechanism for dealing with P2P piracy, France is moving closer to its full implementation. In order to warn and punish alleged file-sharers, it will first be necessary to monitor them whilst engaged in infringement. The scope of that monitoring has just been confirmed.

tmgAs reported earlier this year, anti-piracy outfit Trident Media Guard has been chosen by the entertainment industry to track and report illegal file-sharers in France. The company, previously better known for its pollution of file-sharing networks with fake data, will be providing evidence for use under the country’s 3 strikes ‘Hadopi’ legislation.

From the sidelines of a conference, Thierry Desurmont from rights collecting group SACEM has just confirmed the scope of TMG’s upcoming monitoring regime.

TMG’s tracking systems are able to monitor several different file-sharing networks, but the priority will undoubtedly fall on BitTorrent, eD2K (eDonkey/eMule) and Gnutella (e.g LimeWire). Fears that TMG would be monitoring so-called cyberlocker sites (e.g Rapidshare) were not true. Even if they could, the company does not have permission to do so. TMG will concentrate purely on P2P.

“We reached an agreement with TMG and [the company] will monitor the IP addresses used for illicit file-sharing from a basic reference work,” explained Thierry Desurmont from rights collecting group SACEM.

“There is the music industry and the audiovisual sector. For the music industry (SCPP, SPPF, SACEM, SDRM), there will be a base consisting of 5,000 works [from a back catalogue, described as 'golds'] and 5000 which will be for renewal. For broadcasting, the base formed by [anti-piracy group] ALPA will be 200 works.”

The monitoring process will see TMG working up to capacity, tracking an eye-watering 18,250,000 infringements per year – that’s 50,000 per day, every day.

“Our agreements provide that TMG should be able to provide 25,000 incidents per day for music, 25,000 for audiovisual. This goal will be preceded by a phase of increasing power to calibrate the process,” explained Desurmont.

Quite how the paperwork side of the operation will hold up to such lofty goals remains to be seen. The French will be hoping that the initial ‘first and second strike’ warnings work or the judges dealing with the fines and disconnections could be in for a hell of a lot of overtime.

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  • confused_r33der

    So …. they can track 25k people …. and how did they get the complete (100%) torrent from each unique IP?

    Seems a little hard to get 25,000 copies of each product in 1 day … let alone have evidence that each individual sharer provided 100% of the file (otherwise what is being infringed, are 0s and 1s copyrighted … like 101011110000 –> O.o … you can’t say that since I just gave you 1 & 0 = *IP*)

    honestly, WTF?

  • huh?

    “For the music industry (SCPP, SPPF, SACEM, SDRM), there will be a base consisting of 5,000 works [from a back catalogue, described as 'golds'] and 5000 which will be for renewal.”

    Does this mean that TMG is putting up the IP as bait to catch people?

  • static416

    @confused_r33der – I’m sure they don’t need to show you downloaded the entire file, just that you tried to.

    Honestly, I almost hope the paperwork side of this works out too.

    When they start cutting off internet access to 10′s of thousands of people a month there will be protests in the streets. The backlash will be so huge that we might be able to get copyright law itself revised.

  • Dano

    If these c**ts where to monitor emule, would you be safe if you only used the kad network?

  • Tomas

    So does that mean there are 5,000 music tracks that were not going to be renewed (what does that mean exactly?) but they will be now, in order to catch pirates?

    So assuming that renewal is referring to some sort of ownership, that means they weren’t planning to make money off it but are now going to renew it so they can claim piracy is hurting the sales?

  • Anonymous

    Ambitious. If they manage to keep the pace for 10.5 year, there will be no piracy in France.
    And no internet users.

  • duane

    Someone throw Sarkozy and all his anti-piracy lemmings out of France, please…

  • politux

    Anyone remember that story about the greek guy pushing a boulder up a mountain only to have it slip from his grasp and roll back down as he reached the top?

  • anonimo

    I don’t myself care much about casual infringers but I fear this will:
    1) Push the adoption of “anonymous” P2P
    2) Slow down the persecution of actual criminals by french judiciary bench
    3) Introduce the idea that private justice is right

  • Julian

    I don’t really get the “3 strikes” model. Previously you had 1 strike till something bad happened, now you get 3? :D
    That would make me download more in fact.

  • Devanite

    Enhance… Enhance… Enhance…

  • Anonymous

    Don’t download crap like Justin Bieber and Hurt Locker and you will be fine.

    I know this shit won’t ever effect me, I only download 90′s and before movies and only (good) underground music.

    It’s the commercial (aka shit music from mtv / movies made to make money instead of pieces of art) stuff that gets to be monitored.

  • ccc

    i don’t care since i’m not using bt

  • hmmm

    Cyberlockers not targetted ? Great, so , to sum it up, governments encourage pay per leech.

    Awesome.

  • Bozo

    Massive urination against the wind… lots of people will get wet and smell bad… everything else will be business as usual.

  • Cream Mason

    Wow, kinda scary. Doesnt look like the anti pirate folks are gonna be giving up any time soon.

    http://www.anon-vpn.at.tc

  • Bitsnoop.com

    18,250,000 infringements per year you say?

    So, all France population (62M) will be cut off after 9 years.

    Way to go!

  • lol

    the good news is an operation like this will not change IP’s alot which will be easily blocked by Peerblock. No im not saying its pure protection, but this is exactly the kind of setting it works best in.

    Find the ip block of the ‘monitor’ and done. All that time and effort wasted thanks to a little freeware program.

    owned.

  • me

    @anonimo, #9:

    I don’t see anything wrong with anonymous P2P. In fact, French people are already leading in Freenet… and HADOPI is poised to increase this.

  • me

    lol: “Find the ip block of the ‘monitor’ and done.”

    That’s not how monitors are working nowadays. If at all, they’ll be hiding behind dynamic IPs of very big ISPs, just like everyone else. Anyone believing in Peerblock/Peerguardian is a fool. True anonymous P2P (a la Freenet et. al) is the way to go.

  • Rabbit80

    I see newsgroups, cyberlockers, proxies and VPN’s making a fortune in France for the next couple of years.

  • Le Fake

    If the legislation someday gets really tough, I can see darknets growing even more popular.

  • mbb

    Lol im sure French is the noobist country in the world right now, they cant past the World Cup group A and now they going to introduse the 3 strikes there. If you live in France, better move to another country.

  • TheSpark

    The end result of this: Class action lawsuit.

    Piracy in France will not decrease. Anyone who does get disconnected will find another way.

    I look for ISPs to also start offering NAT IP service with no logging. If they offered everyone two IPs, one behind a NAT and one not, it would solve everything. Even if ISPs don’t want this now, when they start losing customers they will.

  • Ninja

    Fail. Sarkozy is failing hard already, why some idiocy like the Hadopi, promoted and supported by a failure of a president would work?

    O wait, Sarkozy succeeded in getting a hot girl in his bad. Respect.

    Just lame. If I were french I’d still download and bring the case to the justice. Providing you have original material you’ll be just fine heh

    Maybe you can even earn some money for the damages. I wonder if they started getting many of those cases in the face if they’d give up..

  • Ninja

    *bed

    Arrr edit button!

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  • gorehound

    someone real smart should figure out a way to take down their anti-piracy thing.
    i am not good at networks but i bet there is something you can do to hack into their site and frig it up.french folk should be screwing that site on a daily basis

  • common sense

    “mbb

    Lol im sure French is the noobist country in the world right now, they cant past the World Cup group A and now they going to introduse the 3 strikes there. If you live in France, better move to another country.”

    not only you’re a racist,but you’re also a stupid one.
    check your spelling before you say something about people who haven’t done anything to you…
    and by the way,if your english we’ll see what will happen to your team soon enough…lol
    idiot!

  • common sense

    “mbb

    Lol im sure French is the noobist country in the world right now, they cant past the World Cup group A and now they going to introduse the 3 strikes there. If you live in France, better move to another country.”

    not only you’re a racist,but you’re also a stupid one.
    check your spelling before you say something about people who haven’t done anything to you…
    and by the way,if you’re english, we’ll see what will happen to your team soon enough…lol
    idiot!

  • common sense

    sorry for double post…;)

  • StopTheMadness

    The paperwork on that is going to be a living hell. Watch as clerks check into the rubber room hotel by the droves.

    I recon the judges are going to get real tired of copywrong lawsuits all the damned time as well.

    Then the ISPs start getting PO’d at losing customers…

    Sarkozy, the poster child of fail.

  • mbb

    @common sense

    Double post, who’s the noob now?

  • sUm1

    what if you use private torrent sites, where the files are broken down into.. lets say 30-40 .rar files :)
    Can they see what you are downloading then.. :P

  • Lothor The Evil

    Wow that sucks for France. Anybody notice how more and more courts are ruling in favor of sites that actually host infringing materials? California court ruling Rapishare isn’t responsible for what’s uploaded by their users, and now Youtube? And yet sites that only have links to content, not hosted on their servers, only hosted on peoples personal computers around the world, keep losing in court.
    Seems a little backwards to me.

  • X

    Option #1) Use a VPN.

    Option #2) Use Mute (until a better anonymous network comes along)

  • Aerilus

    I don’t know about all p2p networks but I am pretty sure most trackers have eulas saying that you can not use their tracker for monitoring purposes. does this not have as much standing as all of the software eulas that are apparently so sacred

  • Rabbit80

    Option #3) Use newsgroups

    Option #4) Use a proxy

    Option #5) Use your neighbours WiFi

    Option #6) Use Tor / darknets

    Option #7) Hold “sharing parties” and copy directly

    Option #8) Use cyberlockers

    Option #9) Use private trackers

    Option #10) Do nothing until you get your 2nd strike

    etc…

  • Rabbit80

    My point is – there is no way that anyone will be caught if they take one or two simple measures. This means those that get caught will most likely be the ones who don’t even realise that their connection is being used for “illegal” downloading or that don’t realise that it is illegal!

  • churchill

    the english ran and left the french hanging in the wind at dunkirk.

  • Ad

    So where’s the program that will let all Bittorrent users spoof their IP so it looks like it’s coming from the French Government’s offices? Someone get a-codin’!

  • qboy

    the 3 strike laws i like the france footbal national team: SHAME

  • Jeff

    @40: Many trackers already send spoofed or fake IP addresses. It would not be too much of an effort to add French Government IP addresses to the swarms of any torrent TMG is found to be monitoring.

    This will make VPNs and seedboxes extremely popular in France.

    Plus, what with those spoofed IPs, TMG is going to snare a significant percentage of innocent victims who had no knowledge that they were infringing, either because their wi-fi was wide open, or their IP address was being generated by a tracker as though it really were in a given swarm when it wasn’t.

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  • Anonymous

    cmon guys let’s fight back and fuck them up!

  • Coutreau

    I could imagine by the end of the year, at least a million would have been kicked off the internet at least once (guessing very low). Will be interesting to see how other businesses/the gov’t deal with that.

    On a related note, what happens if someone pirates from a public library? Will the library be cut off from the internet? What about a gov’t building?

  • Whatever

    Only 10000 tracks and 200 titles get protection ? Also 5000 in “back catalog”, that means they want to keep milking their old cash cows (of which the creator may have already died). What does the renewal mean (someone asked before) ?

    @TMG
    A company that used dirty tactics in the past is trusted as a tool to uphold the law ?

    @Peerblock (possibilities here)
    The peerblock argument is a good one, however it is more likely they won’t use any proof and just collect IP addresses from trackers as they cannot connect to the actual ‘infringer’. On the bright side: Pollution of trackers with random French IP’s will get a lot of useless letters to ‘innocent’ people.

    @amount of infringers
    Could one get 3 letters in 3 days and be disconnected before receiving the 1st letter because of the delay in sending the letters ? Is every day a seperate infringment ? (The sheer cost of just sending the letters would be huge, the French taxpayer has to work 2 more years to pay for it but no worries, get French postal stocks now)

    @common sense:
    French is not a race like religion is not a race. You’re confused and not making (common) sense.

  • Sean

    So pointless. I havn’t had a internet connection for nearly 3 months now(money), but I’ve downloaded probably about 60-70GB of content in those 3 months.

    So having no internet connection did absolutely nothing.

    French government epic fail.

  • Crazysky

    As writen in the official paper, TMG will have a database with signature of file to identify.

    They will be able to donwload only fragment of a file to be sure the target is sharing a file under copyright.

    For now the legal part is faire. You will be spotted only if you share a file.

    UNless someone create a Seedfuck who share real data … x)

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  • LordOfRuin

    Imagine attempting to download a file, realise it’s taking ages and is actually the wrong one anyway (wrong language, whatever), so you stop the torrent before it’s gone very far.

    Am I really going to be prosecuted for watching a movie that I didn’t watch, didn’t actually manage to download, and didn’t upload?

    I’m positive that the honest file sharers, such as myself, who try before buying, are actually benefiting the creative industries.

    The only ones losing out, are the peddlers of crap. Make a crap album or movie, people wont buy it. If I heard it at my friends house, on the radio (does that still exist?) or downloaded, it doesn’t matter; if it’s poor, I’ll not be shelling out for it.

    I read somewhere something that made me think. My attention was drawn to the fact that the success of a movie is now measured by it’s opening weekend, not the first month or whatever. So as long as the film was marketed well, it’ll be considered a success. Rubbish. A film’s success should be measured on it’s first week or month, or even cinema run. Why measure before everyone has told their chums not to bother. Ah yes, so they can get away with making crap films, but very good film trailers (Clash of the Titans comes to mind).

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  • Martin Smith

    @Rabbit80 – you’re awesome. You must be proud of yourself that you’re so wonderfully clevar. T*W*A*T*

  • The United Hackers Association

    be funny if you get stuff in france form a non french ip and that nulls the surveillance ability

  • Whatever

    @47 Crazysky
    Peerblock would work then as it stops actual up/downloading as long as their IP’s are known.

    If it were to be legally sound they would only be allowed to investigate from a controlled enviroment so using random home connections would not be allowed and peerblock will work once ip’s have been found.

    @The french
    start torrents from companies you work at like TV, phone company, sarkozy network (don’t forget especially disneyland) and all will fall apart as companies start to lose internet access.

    One more thing: What if you are infringing on 3 sharing networks at the same time, triple strike ?

  • pink panther

    Makes me want to pirate all the French music I can just to stick it to them … um … well … I don’t know any French artists. Gong? Henri Padovani? This is probably not going to do what the French want it to.

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  • Canadain

    Gong rulez!

  • me

    Do they not realise that they will never win? They will never stop people sharing in one form or another.
    If they had it their way you wouldn’t be allowed to watch a dvd with your friends unless each of them had paid for a copy of the disc.

  • sUm1

    @55 Unsuccessful noob is unsuccessfull

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  • X

    Even with WEP, someone else can abuse your connection if it has wifi capabilities.

    My wifi is WEP protected – but I have mac-address filtering too. If I get in trouble, I disable mac-address filtering and advise my lawyer of the possibility that my WEP-protected router may have been hacked into, providing a URL for him to investigate – (better he research it and announce it to the court as if it’s his discovery), he can then provide references, articles, examples, etc to the judge to demonstrate reasonable doubt.

  • AnarchyNow

    What they wanna do is definitively anti-democratic and probably illegal, it’s a clear case of “guilty until proven otherwise”.

  • fight_the_tyranny

    It sounds like the tracking software will merely join a swarm and log ip addresses. If this is the case, the so called evidence does not prove copyright infringement. To do that, it must prove an ip was sending/receiving the data.

    But who cares really. The IP laws are out of control, and the only ones supporting them are the MAFIAA and corrupt politicians.

  • fight_the_tyranny

    The solution to this is for everyone to band together and ignore the corrupt politician laws. They can’t disconnect everyone in the country. The same goes for my native england and the digital economy bill (the anti-file sharing bill). I fully support our brothers in arms in france, and I hope we can defeat these copyright fascists.

  • Bogdan

    I think the good part is that more people will learn to secure their WiFi network.
    The worse part is that there will be no free public WiFi network in .fr. Sorry, no internet access at the cafe, lady/sir.

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  • Anonymous

    Nous avons vendu notre pays à l’MAFIAA et nous n’avons même pas un t-shirt moche.

    We sold our country to the MAFIAA and we didn’t even get a lousy t-shirt.

  • iKo

    Good thing french people hate rules. As soon as it (3 strikes) will be starting, people will ask & find out how to avoid it.

  • Emmanuel

    well, beevpn is the only option left now. – I mean if one wants to avoid being monitored – cause that’s what pisses me off the most – the fact that someone is actually seeing what I’m doing online..

  • Oblivious (Another french guy)

    I know various people using P2P, the most part don’t know anything about VPN, proxies or anything like that: many people will be concerned by this 3 strikes. Considering the french people is accustomed to protest against deprivation of rights, I hope many of them will go down to streets when the law will be enforced. At worst Sarkozy will understand in 2012 (next presidential elections) how many errors he has made (because this law is not the worst). A small bracket about our football team: I’m really not sad that they lost, that’s imply really less news and talk about sport whereas there are issues far more serious at the present time. Last point: please be tolerant about my English, it’s well known that the French are bad in foreign languages, as in football now ;)

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