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Six-Strikes “Independent Expert” Is RIAA’s Former Lobbying Firm

Next month the file-sharing habits of millions of BitTorrent users in the United States will be monitored as part of an agreement between the MPAA, RIAA, and all the major ISPs. To guarantee the accuracy of the evidence that will be used for the accusations the parties agreed to hire an impartial and independent technology expert. However, their commitment to this promise is now in doubt as the hired experts have turned out to be a former RIAA lobbying group.

In an effort to curb online piracy, the MPAA and RIAA teamed up with five major Internet providers in the United States to launch the Center for Copyright Information (CCI).

The parties agreed on a system through which subscribers are warned that their alleged copyright infringements are unacceptable. Starting next month, ISPs can then take a variety of repressive measures to punish the alleged infringers.

The evidence for these allegations will be collected by an external company, MarkMonitor. Because tracking companies have made false allegations in the past, the CCI agreed to hire an “independent and impartial technical expert” to review the “accuracy and security” of the technology used.

This requirement for an impartial expert review was set in stone in the Memorandum of Understanding, and from an announcement last week the CCI appeared to have kept its word.

“We’ve worked hard to set up a program that is accurate, fair and protects consumer interests at every step in the process. For example, we retained a recognized technology expert, Stroz Friedberg, to evaluate the content community’s system (run by MarkMonitor) for identifying alleged infringement over peer-to-peer networks.”

“Stroz Friedberg has completed its initial review of MarkMonitor’s methodologies and found that the system is accurate and works properly,” the CCI concluded.

While this may sound like good news, it is actually quite a shocker considering the history of the company retained to safeguard the accuracy of “six-strikes” scheme.

Stroz Friedberg is indeed a technology expert, but the group was also the RIAA’s lobbying firm for half a decade.

Between 2004 and 2009 Stroz Friedberg lobbied extensively in Washington on behalf of the RIAA. This consulting job earned the company more than half a million dollars ($637,000).

One of the leading lobbyists on record was Executive Managing Director Beryl Howell, who lobbied U.S. Congress and Senate for copyright laws regarding digital music.

Howell’s anti-piracy past hit the headlines in 2011 since she is currently a federal judge ruling on mass-BitTorrent lawsuits. In this position she continues to protect the interests of copyright holders, and in a recent ruling she pointed out that ISPs are not doing enough to stop copyright infringements.

While Stroz Friedberg may be excellent at what they do, it is hard to see the company as “independent and impartial” as the Memorandum of Understanding requires.

Given the skepticism and sensitivities of the public regarding the “six-strikes” anti-piracy scheme, the appointment is rather unfortunate and quite unbelievable.

This sentiment is shared by University of Idaho Law Professor Annemarie Bridy, who previously concluded that the copyright alert system lacks transparency and favors copyright holders.

“It’s a disappointing choice, particularly in light of CCI’s professed desire to build public confidence in CAS and the fairness of its processes. It would have been refreshing to see an academic computer scientist or some other truly independent party appointed to fill that important role,” Bridy tells TorrentFreak.

“CCI’s choice of a former RIAA lobbying firm makes it clear that the copyright owner parties to the Memorandum of Understanding were more interested in appointing someone they trust than in appointing someone the public can trust,” she adds.

Why CCI did not pick a more neutral party as a technology expert will remain a mystery for now. Choosing to shroud itself in secrecy, the group has stopped responding to our inquiries entirely.

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  • terlmaa

    lol, its always about the money, the precious dollar lol.
    http://www.Overly-Anon.tk

    • http://www.frontier-space.com/ Lethn

      pffft precious dollar? Even bitcoin is going to be worth more soon.

      • DannyUfonek

        it already is :)

        • Guest

          Thanks Aaron Wells.

        • Focoh

          The price of bitcoins always goes up and down, but yes, one unit of bitcoin always is worth a lot of dollars. Last time I checked and that some months ago, it was at $11.50.

      • RSTNPC

        Long life to U.S.A.
        Hmm… No, not really.

  • That_Anonymous_Coward

    Wow… I missed the Howell connection…I’m so sad…
    TY for digging deeper Ernesto.

    • thedude321

      When I read this, I was like, ‘No surprise there!’.

      • That_Anonymous_Coward

        I was surprised because I submitted a tip about Stroz and the lobbying angle, but never knew where Howell was before when she was lobbying.
        This does explain her insane rulings on the bench favoring porn companies and magic IP address gathering vs people.

  • Montisaquadeis

    They are avoiding the public becuase they aren’t for the public plan and simple. I don’t have to tell you guys what this means for those of us who live in the USA.

    • http://torrentfreak.com/ Rob8urcakes

      Absolutely spot-on my friend.

      This so-called Center for CopyWrong Information are blatantly rotten to the core, cannot be trusted by the general public or politicians, and MUST be disbanded immediately for their attempted corruption and perverting the course of justice.

      In fact everyone involved in and with the CCI should be charged and taken to Court.

      This is no way to run a democratic, free Nation in which law-abiding citizens have confidence in law enforcement agencies.

      • djnforce9

        Couldn’t have said it better myself. These guys are out to maximize their profits. Not make life better for the general public. Nothing they do benefits anybody but their own stakeholders which makes the amount of power they have completely outrageous. Only reason a government would even care about somebody’s stupid business if because of generous political donations.

        • http://deborah-rowe.myopenid.com/ Deborah Rowe

          We need a good Civil Disobediance Peaceful Protest...Goo.Gl/Y6z3j

      • Ophelia Millais

        Well sure, but charged with what crime? Has a statute been violated? Has a constitutional right been infringed? Are they in breach of contract?

        The subscriber’s contract with the ISP doesn’t guarantee that the process will be fair. The details of it are only in the ISP’s agreement with the CCI, which we’re not supposed to even see. The leaked copy from AT&T has precious little in it that’s binding upon the CCI; there’s simply no way for the ISP, let alone the public, to ensure that the CCI-hired expert is truly impartial or truly independent, and no penalty even if the experts turn out to be Cary Sherman and Chris Dodd.

        Maybe there’s some way to make a roundabout argument to the FTC about how the ISP, by relying on the CCI and its hired experts, is treating customers unfairly, but I’m guessing that by having multiple layers of contractors, the parties are insulating themselves from responsibility…taking their cue from BitTorrent, perhaps. Even if the FTC took the consumers’ side in this, it would be the ISPs who take the heat, not the CCI.

        • That_Anonymous_Coward

          It’s called antitrust investigations, this is corporations working in concert to bypass the law to their benefit.

          The memorandum of understanding they signed shows that disconnection was on the table at the start, and they base this system on the DMCA, but their own “special” interpretation of it.

          There is plenty to attack, if only people start demanding better from their congresscritter… oh hey look its election season.

        • Ophelia Millais

          [This is a reply to the post below]

          @That_Anonymous_Coward You’re absolutely right, the Six Strikes program is the ISPs allowing the record companies to punish suspected infringers without jumping through the legal hoops that protect the innocent…but I don’t think that really qualifies for antitrust action.

          Who would file an antitrust suit? Not the feds; the DOJ has 5 former RIAA attorneys working for them. States aren’t going to sue unless there’s something in it for them. And good luck trying to sue as a consumer; you have to be able to afford to take it to trial, and there’s no real financial harm or impediment to competition to be shown. Almost every region in reach of the colluding ISPs has other options for Internet access, slow and expensive as they may be. If fast, cheap Internet access were an essential resource, maybe it could fall under antitrust, but as it stands, it’s a luxury, so the ISPs are free to demand any contractual terms of adhesion they want.

          At best, you might be able to say that the terms of the ISP’s contract with you are unfair. But unfair doesn’t necessarily meet the “unconscionable” threshold in contract law.

          Not saying I agree with it; I’m just skeptical that consumers can deal with this through legal action.

    • Universal Soldier

      US system is so screwed up. Just plain lies. Pity the people there.

      • Sketch

        just like every other govt system in the world…….i doubt yours is any better.

        • Guest

          Well, my gov is better, they are in much deeper shit, worrying about piracy is last on their list..

    • JordanKratz

      I am already on a VPN for now.I want to see this Bullshit shut down as it goes against our US Code of Law.
      I also want to see some real changes in Washington.
      Time to join in on my Boycott of all Big Content
      Boycott The MAFIAA !
      Ignore and not pay attention to anything from Big Content !
      Support & Buy Local & Indie Art !
      Explain to your friends and fans what the MAFIAA are doing and how they work.
      We need Converts.Wonder how many will be finding themselves getting Infringement Letters from lame asshole ISP.
      Is there a way to fake someone else’s Address and have a day where Millions of people Worldwide just Connect and use all kinds of USA IP Address to download stuff as a Protest.
      I would love to see how just on one day multi-million infringements from all kinds of IP’s were done.I would Seed 20 of them myself.
      We need a good Civil Disobediance Peaceful Protest.

      • Guest

        It would be a laugh if everyone fakes the IP address of the RIAA and start downloading but i doubt it is possible for everyone to fake the same IP address at the same time.

        • Danny

          And I bet the RIAA IP’s are whitelisted anyway….

        • Andrew me

          I wonder if the white house ip addresses are white-listed, and the Electricity companies and any other big organizations, would it not be funny if all of these networks were recorded downloading all day every day, LOL

        • Anyone

          I doubt they use any of the affected ISPs

      • guest12

        There really should be a protest. Maybe the first day this bullshit takes place everyone should use a american ip address (VPN) and download and seed everything in sight.

        • DoNotreply

          Would only make sense if you use IP addresses with 3 letter acronyms (not just the feds etc; several of them on the High Frequency Trading casino you have the gall to call a stock market).

  • Anyone

    “Why CCI did not pick a more neutral party as a technology expert will remain a mystery for now.”

    well, that’s obvious
    a neutral party would expose this scheme as what it is: extortion with no evidence to back it up

    • Scary_Devil_Monastery

      Given the murky record the RIAA/MPAA have it’s more appropriate to simply state “A neutral party might ask questions at all”.

      Let’s not forget, these jokers are the same guys who (in RIAA’s case) estimate that the music industry is losing 42 times what the world makes in GNP each year. It’s literally impossible for them to use an auditor who would actually do his job. And as for the MPAA – these are the guys who invented “Hollywood Accounting”.

    • JordanKratz

      Exactly !!!
      If I get a lame letter from them I will talk with my Lawyer so I can sue them for the most possible money I can ask for.
      I suggest everyone else spread the word.If you can sue them do it for the most possible money.

    • Anonymous

      on top of which the entertainment industries would not have had any advantage or anyone on their side from day one. not saying that there is any bias, of course, but………………..
      serves the ISPs right if they come out of this with severe losses of revenue through customers moving supplier. they should have known not to trust the industries and if they knew beforehand which company was going to be the ‘independent expert’, they should have put that info out! people would have known the scheme was loaded from day one and could have perhaps raised objections. hopefully EFF and others will take the ISPs to task now!

  • Guest

    Of course it will be proved that this company is not biased in anyway towards the RIAA/MPAA and should Federal Judge Beryl Howell ever preside over any cases brought to her after the 6 strikes that she of course will not be biased towards and favour the RIAA/MPAA in her rulings. Yeah and the moon is made of green cheese.

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  • L2z456

    According to broadbandreports article six strikes will not start next month

    Earlier this week leaked AT&T training documents indicated that most major ISPs would be launching the entertainment industry’s “six strikes” anti-piracy effort on November 28, but the organization tasked with enforcing the new system insists that date is not “set in stone.” Speaking to The Hill, the Center for Copyright Information’s (CCI) Jill Lesser commented on the leaked documents, noting that the launch date of the program could still be fluid:

    “There are [implementation] dates in draft materials that are not set in stone and we don’t want to create any expectations we can’t meet, but we’re really close and we’ll start seeing alerts over the next several weeks,” said Jill Lesser, the executive director of the Center for Copyright Information (CCI).

    • That_Anonymous_Coward

      I think the date is fluid based on the simple fact they keep getting caught screwing up.
      There are currently lawsuits happening in Copyright Troll cases where the validity of IP only identification will end up tested in a court of law, and experts will have to explain the magic smoke and pixie dust that lets them do something 100% accurately that can’t be done that way.
      Another ruling that an IP address doesn’t equal a person will hurt them trying to hold people responsible for actions they might not have done.
      Major corporations making their own extralegal system and punishing consumers… seems like that should be investigated…

    • Guest

      The more it gets delayed, the better is it for all of us.

  • http://www.facebook.com/arturo.ordaz1 Arturo Ordaz

    “You know this means war.” Bugs Bunny.

    • JordanKratz

      I personally want to see War on the Internet against the MAFIAA.

  • Government Fitness Expert

    OK file sharers, everybody ready? Please toe the chalk line and all together now, toe touches, and REACH, two three and HOLD, two three…

  • Roswell1701

    The MPAA and RIAA really are a bunch of gutless fucks! Bittorrent transmission is public by design, any asshole can track it. They’re using the IS Providers as middle men; unwilling middle men who, for the most part, were bullied into this scheme. Why don’t the Entertainment Trolls do their own tracking and send out their own notices? It’s going to be interesting to see how this all pans out in the months to come… If you haven’t hooked up with a reliable VPN, you should do so immediately. :)

    • That_Anonymous_Coward

      The ISPs only forward on notices to the consumers and then take “mitigation measures” against them based on these allegations.

      The IP capture is being done by a secret group with a history of not knowing their head from their ass.

      This saves the **AA’s the cost of lawsuits to chase people except the “worst of the worst”, people their system flag 6 or more times.

      In the meantime it gets people to accept corporations making decisions and their own special laws and forcing them on people.

      • Roswell1701

        “The IP capture is being done by a secret group with a history of not knowing their head from their ass.”

        You’re absolutely right. That’s why I said it’s going to be interesting to see how this all comes down. I can only imagine the number of fals positiveses that will be sent out. I foresee nothing less than a big mess and a lot oaggravationon that the IS Providers just won’t want to deal with…

        • That_Anonymous_Coward

          That depends on how attractive the system is to them. If NBC Universal offers them a lower rate for content if they do it… they would be crazy to not take it.
          All they have to do is just forward on notices and take some undefined “steps” against people who get notices 5 and 6.
          When people start salting trackers with false IP addresses this will get funny.

          As the system defaults to arbitration the ISPs don’t care, when someone sues them in real court they might start to care. When someone files complaints with the AG or Public Service Commission they might care.
          But we are left with smoke, mirrors, and silence until this launches.

        • Roswell1701

          Yes! Smoke, mirrors and false IP addresses. LET THE CARNAGE BEGIN! :)

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  • Anonymous

    i am not in the least bit surprised over this. it should now be down to the ISPs to immediately pull out of this ‘agreement’. if they truly thought there would be independent experts checking the information, this has shown how gullible they are and how little they respect their customers. no one else that deals with the entertainment industries have been under any illusions, knowing exactly what lying arse holes they all are. that has been proven by the statements made about wanting to meet with the tech industries to get agreements. in actual fact all the entertainment industries want to do is try to force the tech industries to protect their business but at their own expense. i would be very interested in any excuses the ISPs come out with now to continue with the scheme

  • Jimbo

    exactly what is to be expected from the entertainment industries. always have to have the odds stacked in their favour. in fact, it’s the same for any industry, company, whatever that is up to no good, to want the dice loaded towards what they want and fuck everyone else!! words like ‘honest’ and ‘fair’ aren’t even in their vocabulary!!

  • Waseihou

    Here in the Czech Republic when internet was starting, there was a project called CZFree. This project was about volunteers (mostly highschoolers) who in their free time put down an infrastructure to connect to internet (UTP cables in houses attics, ronjas, later WiFis when the technology was accessible). The project is still alive up to this date, and while the speed is not always the best, there is this non-profit part of it and also freedom.

    You guys in the USA should start something similar, the technology is much better now and for you it is probably cheaper to buy equipment when related to your wages. Just create one big mesh in your city to connect to internet, and say goodbye to your ISPs. Why not make a hole in a wall of your flat or house, and lay an UPT cable to your neighbours and so on, put some routers along the way, add wifis and you have it. Well, the bad think about is that we had NAT444 from start, but just buy a few public IPv4 addresses and let anyone have a few ports, there are 65k port per one, most people need no more than 16 ports for their filesharing and gaming purposes. IPv6 is also a solution now, and it can work in NAT444 (carrier grade nat) too. You can also setup some SOCKS5 proxies for bittorrent or some other clever solution to make up for the problems.

    All what is needed is more involvenment. When done correctly, you could also support cell phones to be able to connect anywhere. Make your own residential non-profit organisation, create your own metropolitan are networks and connect it to internet. And with MAN, you don’t really need internet so much. We had a local DC++ hub and FTP server hidden at nearby university (they were raided later though…) and it worked well. You need to have better hiding it – it took a lot of time to police to find in which room the server really was ;)

    Instead of DC++, use RetroSahre locally and it will be impossible to figure out where the content really is, because it is F2F darknet, and it will be fast because it will run in a somehow bigger LAN. And don’t forget to encrypt your disks, muhehehe =:D

    • Me

      I hope you see this reply. How is this all done? How does the Czech mesh network connect to the internet? And what do you mean get rid of your ISP?

  • ForestSilverwood

    I can’t wait until I get a chance to use “I can’t be held responsible for what my computer is programed to do” argument.

    It works so well for the false DMCA claims.

  • Who

    I will be laughing my ass off when they get get in to trouble for invasion of privacy.

    • http://twitter.com/krozareq krozareq

      By who? They police themselves.

  • Alvin

    Mass migration to GNUnet should blind the spying eyes ;)

    • Techanon

      accounts that are behind a cgn, are also somewhat camouflaged against ‘IP only’ logs (because with that, a single IP means a dozen or so of acount holders).

    • Mephitidae

      …if gnunet worked…

  • foff

    Never thought I would see the day when millions of Americans are going to be spied on daily. Wonder how far this is going to go. It won’t make a dent file sharing just drive more stuff off shore. I am seriously thinking a seedbox not just for torrents but all sharing. I have complete confidence in the file sharing community I believe tools will be made available to eliminate this threat. Torrent clients need a built in peer guardian that can be updated. It might seem like a losing battle but if all ip’s that are identified as suspicious are blocked from joining swarms it will make like hard for these agencies as they will have to constantly get new ip’s.

    • The_Strawbear

      Well other than not really knowing your American history, I find it hard to disagree with your outrage. It’s the same in the UK, if not worse with ISPs having to keep records for a year potentially of all electronic communication, which is like the post office photocopying all the letters you receive and hanging on to them.

      We don’t even have the illusion of freedom now.

    • Theonlyone

      “millions of Americans are going to be spied on daily”

      This has already been happening since 2001. It just that the system in place is becoming capable of storing more and more information every year.

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

    surprise, surprise? lol, not really

  • JIHAD

    ALLAH AKBAR !! FIRE THE ROCKETS !

  • Theonlyone

    The players are all bought and paid for just like politicians are. 100% corrupt.

    • Andrew me

      Seriously this system has failed in every country it has been enabled, if anything it will be used to scare people into stopping torrenting, but the courts have already found that an ip adress does not identify any single person so i dont see how they are goign to do that , and six times is crazy, it will be a huge mess and the gov will end up having to foot the bill, just like in the dotcom case

  • Guest

    Has anyone else stopped to consider that the entertainment industries are merely patsys to enable the Government to implement the most invasive monitoring and surveillance available to them?

    Think about it. If the entertainment industries (and it’s not just them) weren’t complaining and lobbying for these measures to be brought in then how would any Government justify them being implemented?

    Illegal file sharing and its alleged affects are the perfect excuse to implement these draconian measures. The problem is that a few billion gigital files being illegally downloaded / exchanged has now become the perfect reason for 24hr monitoring of everyones activities on the net.

    • Guest

      *digital (unless of course they are live recordings which would actually make them “gigital”).

    • Anon

      Well said. We’ve been saying this for years. Instead of doing without and letting the AA’s die a natural and lawful death, pirates were so greedy for free stuff they’ve institutionalized legal surveillance and traded our freedoms for harddrives full of infringed files.

      As dumbass as they come, pirates are. Traded our privacy online to avoid paying for music and movies. Meh.

      • Liam Jh

        It is shown that ‘Pirates’ are the biggest consumers of legal downloads, we like to try before we buy.
        The problem is that ‘Pirates’ have shown the industry conglomorates that there material can be distributed to a much wider audience, quicker and cheaper than they dreamt of. Artists now have more control of how there material is distributed and can publish independently.
        Independence is what the ‘Pirates’ brought – with a nice big community.

        • Guest

          Independence was always available to unsigned artists.

          You “showed” the “industry conglomorates” nothing they didn’t realize within 15 minutes of Napster going live.

          What you have “brought” by your actions is a police state wet dream where the privacy and liberties of others have been compromised because you needed your movies and music available to you faster, and for free.

          Well done.

        • Anyone

          how is that “police state” the fault of pirates?
          it’s the fault of corrupt politicians and the assholes that pay them

        • Guest

          “how is that “police state” the fault of pirates?”

          Because, as I pointed out clearly above, the activities of “pirates” are the reason they say they are justified in introducing these surveillance and monitoring measures.

          Blame “corrupt politicians” and whoever else you want but the fact is they would not be in a position to justifiably enforce these measures were it not for “pirates” giving them a rock solid excuse (through the industry lobbying) to do so.

        • Alvin

          @ Guest

          Don’t forget CP and terrorism were initially used as the excuse for the invasion of our privacy..

          Filesharing, CP, terrorism. Take your pick, all are used as excuses to monitor the population. If filesharing died out overnight, along would come another excuse to spy on everyones online activities.

        • Anyone

          it doesn’t matter what excuse those assholes use
          if it wasn’t piracy it would be terrorism, or childporn, or soviets

          the fault lies squarely with the politicians and the lobbyists, they need to go to jail for the crimes they committed against their constituency

        • Guest

          @ Alvin. I cannot disagree but “illegal filesharing” is the current enfant terrible and the most widely practised. It’s a bigger excuse than they need.

          @ Anyone. No, ultimately the fault lies with those who are and have been too self centred and selfish to be devoid of any concept of where their actions would ultimately lead us to. Had the piracy movement lobbied more / more effectively I’m sure you’d be bemoaning them as well. The fault does not “lie squarely with the politicians and the lobbyistsh”. They are reacting to currently illegal actions. The fault lies with those who carry out those actions. Cause and effect.

        • Anyone

          yes, cause and effect

          the cause is the money being given to the politicians
          the effect is law that pervert justice

        • Guest

          @ Anyone. Actually the “cause” is the need to protect copyrighted materials. The “effect” is that many millions of people who do not infringe copyrights as a rule of thumb will be having their activities monitored and recoirded as a result of the actions of those who do.

          You can bleat on about supposedly corrupt politicians and unjust laws that suppposedly (by upholding the law) “pervert justice” all you want but the facts remain that illegal downloading is their enfant terrible excuse for introducing these laws.

          The one real tangible injustice here is that everyones freedoms and liberties are being eroded because certain people want and continue to copy & demand stuff for free.

          A total boycott of music and movies by people who want to force the entertainment industries to reevaluate their business models and pricing / distribution models would not have resulted in these 1984 esqe laws being passed as an excuse to combat illegal filesharing, would it?

          It’s that simple.

        • Guest

          MAFIAA guest’s logic: Ultimately the fault lies with the victim for wearing sexy clothes and not the rapist for raping her.

        • Guest

          @ Guest. “MAFIAA guest’s logic: Ultimately the fault lies with the victim for wearing sexy clothes and not the rapist for raping her”.

          You see that, right there, is part of the problem.

          People are very (too) quick to label people who post an opposing view as “Trolls” or “MAFIAA” this,that and the other rather than trying to engage in meaningful debate.

          Your thoughts as to how I might consider rape are as ridiculous, presumptious and unfounded as your assertion that I am somehow a MAFIAA advocate.

          The question any reasonable mature adult would be asking in relation to your analogy in order to determine who is guilty would be the test of criminality, ie. who broke the law?

          On that basis and using your own logic, ask yourself this. Who is the victim in relation to illegal downloads? Is it the entertainment industry because they make it available / distributable in a digital format? No, of course it’s not. Again it is the person(s) who break the law who are at fault.

        • Wallace

          “Guest” doesn’t have daughters, sisters or a girlfriend. Only someone completely sheltered from half the realities of life would blame the victim with so much relish.

          Few users are breaking any actual law. Certain powers that be have exaggerated their concerns about “piracy” to try to seize veto power over the Internet, and they have used “current law” to argue that they own the contents of our computers. They are “compromising our privacy and liberty” only to the degree it makes them money.

          And we did not create that desire in them. They are doing these things, not as response to activities legal or illegal, but because it’s their jobs to maximize profit. Idiots like Guest make them salivate.

          Unlike some, I don’t blame them. if I thought I could argue and bully my way into that much power and control, I’d seriously consider it. If my job already depended on it, well … good people do bad things sometimes. If I saw people like Guest online, I’d feel like a fool for not trying.

          Without Napster, people who “needed … movies and music available … for free” would have just taped stuff off TV and ripped CDs and taped radio shows. And the MAFIAA still would have bitched. But Guest would have stuck to yelling “slut” at women with short skirts and stayed out of it.

        • Pelham123

          “Because, as I pointed out clearly above, the activities of “pirates” are the reason they say they are justified in introducing these surveillance and monitoring measures. ”

          Yes, their marketing departments say that. Do you also believe Axe will fix you up?

          I can just see you crying at work because you need a break but there’s no McDonald’s nearby so you can’t get one.

        • Pelham123

          “The “effect” is that many millions of people who do not infringe copyrights as a rule of thumb will be having their activities monitored and recoirded as a result of the actions of those who do.”

          Where did you get this nutjob conclusion from?

          They’re only going to monitor and record Bittorrent trading of files they claim are theirs. Do they have legal or moral right to care? I say no, you may say yes. But that’s the extent of it.

        • Wallace

          “Who is the victim in relation to illegal downloads?”

          There is actually no such thing as an illegal download, unless you count an obscure illegal copying law that has never been successfully applied to this activity in court.

          On the other hand, who is the victim in rape? The man who was shamed, humiliated, teased, shot down, insulted, denied, hurt, toyed with? Most rapists sincerely believe she asked for it. They don’t just say that.

          “You asked for it” is blaming the victim every time it comes out of anybody’s mouth, especially when followed by “shut up and take it.” Nobody’s calling you a troll. They’re calling you someone who blames the victim because that’s what you get off on doing.

          Trolls tease pirates. You’re disgusting.

        • BuddhaFacePalmed

          @Guest

          So, people who have been abused & exploited shouldn’t “rock the boat”? Because that’s what i hearing from you. Unsigned artists never truly had independence from the copyright industry. Name me one unsigned artist, just one, who became a multi-hit platinum record breaker in the decade before the internet.

          Also, saying everyone’s freedom & rights are eroded because of a select few is like saying everyone who lived in tyrannic dictatorship deserves so simply because of a few who were willing to challege the status quo.

        • Guest

          @ Wallace, I don’t need daughters, sisters a girlfriend, wife or mother to know that rape is wrong. You clearly cannot understand basic english. I stated clearly that the rapist is the guilty party (ie. the one who broke the law). Tell Joel Tenenbaum “there’s no such thing as an illegal download”. It’s you who is living in an alternative reality. “Without Napster, people who “needed … movies and music available … for free” would have just taped stuff off TV and ripped CDs and taped radio shows.” actually poroves my point. They are only introducing and enforcing these laws (which you think don’t exist) as a result of the internet.

          @ Pelham 123. “They’re only going to monitor and record Bittorrent trading of files they claim are theirs.” Where did you get this from, that online surveillance only involves bittorrent trading?

          @ BuddhaFacePalmed. Nowhere have I said “people who have been abused & exploited shouldn’t “rock the boat” you made that up. “Unsigned artists never truly had independence from the copyright industry” If, being unsigned, they were not involved in the copyright industry then how could they possibly not be indeprendent from it? For goodness sake use some sense. As for “Name me one unsigned artist, just one, who became a multi-hit platinum record breaker in the decade before the internet” this shows your lack of understanding. Platinum records are an industry award. In order to get one you need to be / have been signed.

        • BuddhaFacePalmed

          @ Guest. But isn’t that how we define successful artists today? Artists whose mere names can sell millions of products without effort. Without the internet, unsigned artists attempting to break into the market are simply pushed aside by corporations who use their considerable financial power to advertise and dominate their slice of the market. Ala a cartel.

          True, you didn’t say “people who have been abused & exploited shouldn’t “rock the boat.” Isn’t the reaction of the copyright industry an attempt to defend the status quo? To ensure that their profit margins are untouched by people who just want to share stuff with one another. Because that’s at its core is what torrenting is. Sharing stuff with people. No different from lending a rake or a book to your neighbor. Authors don’t charge you for lending books. Why the hell should corporations do the same for music or movies?

          P.s. What is illegal doesn’t necessary make it evil. Homosexuality is still illegal in many countries, including mine.

        • Guest

          @BuddhaFacePalmed.

          Thanks for coming back to me. I appreciate you taking the time to do so.

          Most artists I know don’t gauge success by the crass measurment of “sales” or the awarding of discs. The notion that certain artists can sell millions of products without effort is, in my opinion, somewhat simplistic. The fact is it takes an awful lot of time, money and effort to establish a credible brand in order to sell or effectively endorse anything. Just because we don’t see the effort does not mean it is not there.

          Even with the internet and the support of a multi media advertizing platform at their disposal (Myspace to name but one) unsigned artists by and large failed to make in roads as far as distribution numbers and turnover are concerned. Yes, the internet enables better, faster, practically cost free distribution of recorded works, videos etc but it is an economy of scale.

          Effectively yes, the copyright industry is “….attempting to maintain the status quo. To ensure that their profit margins are untouched by people who just want to share stuff with one another”. They are legally entitled to do so.

          “Lending” is entirely different from copying and the legal right to distribute (as far as music and movies under the control of rights organizations) is one which is agreed in law.

          Don’t get me wrong I see value and great potential in filesharing but its proponents need to be more honest about their reasons for doing it. Afterall, if (as alleged by many filesharers) an illegal download does not equal a lost sale then why bother doing it if it’s having no adverse financial impact on the industry?

          A total boycott where nothing was being bought or rented would, to my mind, have been a much more principled approach and would have sent a much clearer message to the industry that pricing and distribution models needed to reflect consumer demand. Instead we now have Governments legislating snooping and anti privacy laws.

          I try to avoid using words like “Evil” as it’s another construct / manifestation (driven by religion).

          We’ve had the same issues here regarding homosexuality and same gender marriage. Thankfully progress has been made (and it wasn’t brought about by everybody illegally downloading “Gayness” to support it). It was brought about by intelligent debate, lobbying and a mature approach to a real world problem – something sadly, for the greater part, missing in the P2P debate from both sides.

        • Scary_Devil_Monastery

          @Guest

          “What you have “brought” by your actions is a police state wet dream…”

          In short your argument boils down the beating of a wife being “defensible” because the wife has an attitude?

          No, if we live in a political paradigm where ANY action short of a world war can bring about a “police state wet dream” then that is a clear sign that the political paradigm needs urgent change. Because if you can justify the rollout of a police state over filesharing, there is effectively no minimum criteria to be met for such a rollout.

          In short, the blame falls solidly on a failure of democracy to safeguard against the police state which should, in a healthy and civilized nation, never be able to exist under any circumstances.

        • Guest

          @ Scary_Devil_Monastary.

          Thanks for the comments. Setting aside the irrelevant and highly emotive wife beating analogy I think it’s important that we view my earlier statement in it’s entirety rather than the selected edit you have used.

          What I said was “What you have “brought” by your actions is a police state wet dream where the privacy and liberties of others have been compromised because you needed your movies and music available to you faster, and for free.”

          I am not saying that filesharing (alone) brought about a police state. I’m saying, clearly, that it would be an aspiration and welcome achievement on the part of a police state to achieve what has now been achieved.

          As such, all the other nonsensical drivel about political paradigms is irrelevant.

          I don’t recall saying or endorsing anywhere a sentiment that file sharing must be stopped. I’ve stated quite the opposite in fact in so far as I have acknowledged it as a great mechanism for distribution and reproduction of digital media.

          To summarize. It is YOUR attempt to present an argument contra my comments & position which fails on all levels. Moral, practical, and in the logical sense.

      • No

        What a fucking joke. The conversion of the US to fascism was more or less guaranteed since WWII and the Red Scare, which predates PCs, the Internet, and file sharing by numerous decades. If they wouldn’t have been using piracy as an excuse, they would merely have found another one.

    • MadAsASnake

      The MPAA / RIAA have been killing new techs they don’t like for decades. They have been demanding invasive measures for years… what changed was 9/11 when it all got tagged on to “terrorism”. I’d point out with all the bribes going towards the government, that it is gorvernment that is the patsy of the ents industry. By current estimates, 30-40% of the world population are “pirates” and this is dwarfed by private copying of media. It’s amazing that these industries are dead determined to alienate that many of their best customers…

      • Guest

        Hello MadAsASnake,

        Being devils advocate here.

        Assuming that you are referencing internet piracy your percentile estimate in relation to those who are “pirates” appears to be flawed. As recently as last year it was reported that 65% of the world population were not using the internet http://en.wikipedia.org/wiki/Global_Internet_usage

        As to these frequent reports stating that pirates buy more music & media than people who don’t pirate it’s interesting that little or no consideration / clarification appears to be given to the fact that perhaps those who don’t pirate or download have no interest in music or other media.

        Ultimately someone interested in music or media will, in all probability, buy more music and media than an individual who isn’t interested in music or media.

        From my experience – and I may well be wrong – these distinctions are not made in the reports to date.

        • MARgin

          You will have a hard time trying to find some person who doesn’t like music. They will find different ways to be able to hear the music they enjoy and sometimes they won’t need to buy original of cheap copies of it. I’m saying this, because I know some people who do that.

        • Guest

          @ MARgin. Your reply appears a little contradictory. Firstly you make reference to people who do not like music and then you go on to explain how “They will find different ways to be able to hear the music they enjoy”.

          The fact still remains that someone interested in music or media will, in all probability, buy more music and media than an individual who isn’t interested in music or media.

          The torrenting / P2P element is therefore (in that context) largely irrelevant.

        • MadAsASnake

          Hi Guest. You can share media in all sort of ways. I’ve spent quite a bit of time in West Africa where most people don’t have a connection. The few that exist are shared massively. Movies are shown in community halls outside screens and whatever. They show whatever they can get (not sourced through MAFIAA, I can tell you). Pretty sure quite a few are downloaded. Whole communities turn up. Not one cent for MAFIAA. 100 people can watch this way and no-one is counting… The fact is that the consumption of media is a vastly complex phenomenon that is not subject to simple analysis. The point I was trying to emphasise however was that the MAFIAA just love sueing new technologies out of existence – not because they are not good, but because THEY don’t like them.

        • Guest

          Cheers MadAsASnake.

          Equally, and interestingly, West African cinema is one of the fastest growing markets out there. For years, post colonialism, it has been dependant on Francophone cinema releases and people have, as you correctly point out, an insatiable habit for the movie (cinema) experience.

          I’m not aware of any action by the movie industries to litigate or sue in any of the West African jurisdictions. Quite the opposite in fact. Directors and script writers are encouraged and developed to cater to the local market demands. The bottom line is that directors like Desire Ecare and Mohamed Camara (no pun intended) are using their movies as a means to educate on matters pertaining to counter old values held by West Africans. They simply would not be able to do this without the support of bigger movie organizations and rights groups.

          I think we need to be clear as to what the rights bodies are and are not suing.

          As far as I understand they are not suing P2P / Torrent softwares “because they don’t like them” in fact I don’t believe they are suing the protocols at all. They are targeting individuals, groups and sites whom they identify as using entirely legal software protocols for entirely illegal purposes. They are two very distinctly different issues.

          Yes, there are many and varied means of illegally sharing content. The fact is the internet is used for much more than file storage and, consequently, as a legally monitored or surveillenced platform it (the monitoring) stands to present to those monitoring it a very rich vein of intelligence on many, many issues.

        • Scary_Devil_Monastery

          “As to these frequent reports stating that pirates buy more music & media than people who don’t pirate it’s interesting that little or no consideration / clarification appears to be given to the fact that perhaps those who don’t pirate or download have no interest in music or other media.”

          Actually numerous reports of the more creditable kind (peer-reviewed and/or commissioned by independents) do state exactly that. “Pirates” by and large tedn to be fans and avid consumers of media, more often than not collectors eager and able to stock their shelves with their chosen hobby.

          Which of course means that the most prolific pirates are also the ones who tend to spend big wads of cash in order to maintain a large CD/DVD library, or stand in line for days on end in order to see the “Star Wars” prequels dressed like Boba Fett.

          Whereas people with little to no interest in music or movies neither purchase, nor can be bothered to download.

          Most market studies performed on the effects of filesharing do come to the tacit assumption that downloading doesn’t change the spending habits significantly.

        • Guest

          @ Scary_Devil_Monastery.

          Thanks for that.

          Have you any links to peer reviews which categorically make the assertion that the sample set has been taken from people with an interest in movie and music only and that the sample set has not been corrupted by the inclusion of data from individuals with no interest in either of those media?

          That would be useful.

    • Guest

      @Guest

      You’ve got it backwards. The government is merely a patsy for corporate lobbyists.

      • Guest

        That has always been the case. In this instance they have, however, got a “bogeyman” in the shape of illegal filesharing to justify their aims and objectives. That is the point at hand.

        • Scary_Devil_Monastery

          “in this instance”?

          Sorry, but one cursory glance through history shows quite clearly that governments will always eventually attempt to strip away citizen’s rights. It’s quite irrelevant what “bogeyman” they use for the purpose.

          Illegal filesharing is actually the weakest case on hand – Terrorism now having been overused as an excuse. It’s not even five years past that Dick Cheney attempted to defend torture of “illegal combatants” – in the US simply because “They might know something”.

          Whatever the current bogeyman is is irrelevant. A government which attempts rolling out a police state for any justification what so ever is a government in dire need of repair.

        • Guest

          @ Scary_Devil_Monastery.

          Again with the selective quoting.

          What I actually said was “That has always been the case. In this instance they have, however, got a “bogeyman” in the shape of illegal filesharing to justify their aims and objectives.”

          Emphasis on “That has always been the case”.

  • Fantastic

    If they’ve stopped responding to public inquires then its time to inform the EFF and mobilize. I’m smelling something foul..time to dig out its core and take a look. Seek to pass judgement on millions without oversight, well that just isn’t going to happen.

    • That_Anonymous_Coward

      But but but they have a board telling them how to protect privacy and stuff and this independent expert so its perfectly fine!

      /sarcasm

  • Barack Obama

    Dear americans,
    most of you are so ratarded that the government doesnt even know you exist; we will brainwash you trough media and implement the war, terrorism and constant fear in your blood so you people will continue to obey us; we dont give a shit (i dont give a shit) about the population i just like to be the president is a nice life;i will support the 6 strikes because you motherfuckers will never have the balls to stand against the government i mean come on now;so please get your ass up and vote for me or my nigga romney and beware of the patriot act; god bless me(not america matter fact fuck america)

  • VPNBook

    VPNBook UPDATE …

    October/19/2012:
    Server Upgraded.
    Added OpenVPN Port 443 TCP connection profile (harder to block)
    Added OpenVPN Port 53 UDP connection profile (harder to block)
    Due to many requests, Passwords will NOT be changing anymore.
    Now accepting anonymous Bitcoin donations

    The only thing we log is the I.P address and time the connection was made. Connection logs are automatically deleted every 3 days, if authorities contact us we simply tell them we have no logs.

    • Alvin

      “if authorities contact us we simply tell them we have no logs”

      But you have just told the world you do keep logs, here and on your website…

      • VPNBook

        Most VPNs (paid or free) keep connection logs.
        The only question is for HOW LONG.

        VPNs are often used for SPAM. Do you like SPAM? I don’t like SPAM. The only way to block SPAMMERS is to see WHERE they are SPAMMING from (the connection log).

        VPNReactor deletes their logs every 5 days.
        VPNBook deletes their logs every 3 days.

        Do you use a VPN? Do you know your VPNs log policy?
        Are you an IDIOT?

      • Anyone

        they do keep log of who connects to them
        but they don’t keep log which IP gets which new IP

        so if the police come on knocking “we’d like to know who has been using IP X” then they cannot provide that info and the trail ends at the VPN provider

        • VPNBook

          Not really accurate …

          When you connect (pptp) to VPNBook you ALWAYS are assigned the same SHARED IP: 109 163 231 245 .

          This means that hundreds (or thousands) of people all share the SAME IP.

          Who is doing what from 109.163.231.245 is impossible to determine unless you match up the exact packet time-stamps (packet analysis).

          So if the Romanian police come a knocking “we’d like to know who has been using IP 109 163 231 245 ” then they (VPNBOOK Admin) can say “EVERYBODY”. If a Romanian Court asks “who connected 4 days ago” then they (VPNBOOK Admin) can only say “WE HAVE NO CLUE”.

          When MarkMonitor (or ScanEye) “sees” 109 163 231 245 in a torrent swarm they are “seeing” a complete mystery. It could be ANYBODY. And the Romanian Police really don’t give a shit about MarkMonitor (not yet at least).

        • Anyone

          ok, I wasn’t familiar with VPNBook in particular, I just went with VPNs in general

          thanks for the clarification and technical details

    • Guest

      VPNBOOK LOGS YOU.

      STAY THE FUCK AWAY FROM THEM.

      It’s that simple.

      • It’s That Simple

        Google Logs You!
        STAY THE FUCK AWAY FROM THEM.

        Disqus Logs You!
        STAY THE FUCK AWAY FROM THEM.

        TorrentFreak Logs You!
        STAY THE FUCK AWAY FROM THEM.

        VPNs Log You!
        STAY THE FUCK AWAY FROM THEM.

        The Internets Log You!
        STAY THE FUCK AWAY FROM THEM.

        Pay $20 for a shitty movie.
        It’s THE LAW.
        It’s that simple.

        • Logged Out

          The Credit Card Companys Log You!
          STAY THE FUCK AWAY FROM THEM!
          The Insurance Companys Log You!
          STAY THE FUCK AWAY FROM THEM!
          The Telephone Companys Log You!
          STAY THE FUCK AWAY FROM THEM!

          The Grocery Store Logs You!
          STAY THE FUCK AWAY FROM THEM!
          The New York Yankees Log You!
          STAY THE FUCK AWAY FROM THEM!
          Seven-Elevens Log You!
          STAY THE FUCK AWAY FROM THEM!

          The IRS Logs You!
          STAY THE FUCK AWAY FROM THEM!
          The DMV Logs You!
          STAY THE FUCK AWAY FROM THEM!
          The Colleges Log You!
          STAY THE FUCK AWAY FROM THEM!

          Your In-Laws Log You!
          STAY THE FUCK AWAY FROM THEM!
          Your Girlfriend Logs You!
          STAY THE FUCK AWAY FROM HER!

        • tonyj

          Live under a rock on Gecko meat and rain water in the desert and be free.

  • Violated0

    The apple never falls far from the tree.

    Is this really a surprise to anyone seeing how this is not a Government scheme but one created by a private interest group? So their independent expert is nothing more than a rubber stamp job with their “yes my masters, anything you say”

    Not to forget this whole system is not law compatible meaning that they will lose many cases once they reach the Court system, They would try to avoid that one of course by trying to make out that they are the ultimate authority.

    Then ISPs will only end up burned by the one. They meet the head end of the subscriber wrath and it is not like these Copyright Cartels have a history of wanting to pay the operating costs.

    • Fantastic

      So true, I think Time Warner hit that block when it came up a couple of years ago when they told some other copyright thug the price of a IP information look up and the thug acted like Time Warner was just supposed to do it because he told them to. And now this is an even worse and bigger time bomb because in the end it’ll be their necks on the line and the goons that pushed them into this will just run into the shadows when it all starts to hit the fan. MAFIAA needs to fade away before it kills the world.

  • Clap Trap

    OMG LMAO WTF LOL!!

  • Teiji

    Who are the 5 major ISPs in the US?

  • Yu

    i tried to go the vpn route. but they never emailed my contact details! been over 24 hours to. pretty mad about this. opened a support ticket. they said they had no knowledge of the purchase . paypal begs to differ. be careful people!

    • Dr Wary

      Have you tried kicking your computer?
      Sometimes the paypal “gets stuck” in the wires.

      Kick it real hard and see if that helps.

      • Yu

        fag

        • Yu Fag

          No Yu Fag

    • Anyone

      what VPN provider?

      hopefully not the one that keeps spamming the articles here ;)

      • Marooned

        He got suckered by that bogus vpn spam!
        What a maroon!

        https://www.youtube.com/watch?v=Z7VPdZIj5Pk

        • ScrewEwe2

          Thanks for the entertainment.

      • Yu

        i made a huge mistake. they did send it. so glad i never mentioned the provider.

        • Yu Crazy

          Yu Fuk Up!

  • tonyj

    The only power we have in this war is purchasing power. Stop buying everything related to the RIAA and MPAA and encourage others to do so in this campaign against stupidity. Pick a day to boycott.

    • DoNotreply

      Why pick 1, I have a full 365.25 days worth of them.

      The .25 being the Feb. 29 that occurs every 4 years for those who slept through school.

  • Rotten

    Keep buying your call of duties and mcdonald-disease

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  • Sigh

    I thank the good lord I don’t use one of those shitty ISP’s. fuck them..

  • PRIVACY is priceless to me

    What else to expect from worse-than-nazis?
    You wouldn’t expect those nazis to use the communist youth instead of the gestapo.

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  • TempleNewsam

    Come on folks. Please go to http://www.torproject.org and download the package. Become a TOR relay today. Only costs a little bandwidth.

    Can we have an onion site for Pirate Bay on Tor, or is there already? just for the search and links, still downloading conventionally with uTorrent etc.

    • Ophelia Millais

      BitTorrent over TOR isn’t a good idea. (That’s a link. Click it.)

      • TempleNewsam

        No, the Pirate Bay site on a hidden TOR website. Torrenting would still be via a VPN/internet NOT through TOR, that’s what I was trying to describe

    • TPB on TOR

      Yes, The Pirate Bay has a .onion address

      jntlesnev5o7zysa.onion

  • Horsemeat

    Follow the money…

  • polsenpol

    Kinda rem9inds me of enigmax ….

  • Jacks

    Flood ‘em with frauds, use vpn -> US http proxies and let them eat their own shit!

  • Pingback: Major ISP’s Announce New Copyright Enforcement Program Will be Overseen by RIAA Lobbyist :

  • Trelew

    Did anyone expect the government or its Big Business buddies to play with the public? I mean really? So long as there is power or profit to be had some innocent person is going to get screwed over for it. The government doesn’t care because it’s being bought off by the corporate elite. Somewhere down the road, humanity will rise up and have a good ol’ revolution to prove this point.

  • Arie.Smith

    The six strikes rule is totally reasonable, it give a user plenty of time to realize the ramifications of breaking THE LAW before harsh punishments are imposed. Also, this isn’t the government forcing it’s will on you, it was the ISPs’ choice. Maybe they are tired of being vehicles for crime…

    • Mota

      lol .. poor soul

  • Dvdman

    so if they do (and they wont stop 100%) p2p sharing, what are they going to do when everyone goes back to ripping dvds?

  • Mist

    it is sad how America is becoming a dictatorship at the same time when developing countries are moving towards democracy..

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  • ConcernedCitizen

    Lets freaking fix this country before we “slap the hands” of little boys and girls who want free music. How is this going to fix the major problems of our country? Piracy does not affect the economy as much as they assume it does. This is not the solution to fixing our economy. Add on top the fact that the internet is too wishy-washy. IPs can be faked anytime, anyday and random hostnames change every day. But worst of all, this is too dark to be allowed to continue. Why should they hold secrets from the public? What do they have to lose? They are the ones doing illegal things. They just mask it by saying they “protect the First Amendment Rights”.

  • http://twitter.com/edricchen Edric Chen

    Hello Big Brother.

  • BTGuard - BitTorrent Anonymously

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