As a result the BBC is now getting involved in the copyright debates of other countries, notably Australia, where it operates four subscription channels. Following submissions from Hollywood interests and local ISPs, BBC Worldwide has now presented its own to the Federal Government. Its text shows that the corporation wants new anti-piracy measures to go further than ever before.

The BBC begins by indicating a preference for a co-operative scheme, one in which content owners and ISPs share responsibility to “reduce and eliminate” online copyright infringement. Educating consumers on both the impact of piracy and where content can be obtained legally online would be supported by improved availability of official offerings.

After providing general piracy statistics, the BBC turn to the recent leaking of the new series of Doctor Who to file-sharing networks which acted “as a spoiler” to the official global TV premiere.

“Despite the BBC dedicating considerable resources to taking down and blocking access to these Doctor Who materials, there were almost 13,000 download attempts of these materials from Australian IP addresses in the period between their unauthorized access and the expiration of the usual catch-up windows,” the BBC write.

So what can be done?

In common with all rightsholder submissions so far, the BBC wants to put pressure on ISPs to deal with their errant subscribers via a graduated response scheme of educational messages backed up by punitive measures for the most persistent of infringers.

“ISPs should warn any alleged copyright infringers through a graduated notification system that what they are doing is illegal and, at the same time, educate them about the law, the importance of copyright to funding content and services they enjoy and where they can access the material they want legally. However. if the consumers do not abide by the notifications then more serious action may need to be taken,” the BBC note.

Those sanctions could lead to a throttling of a users’ Internet connection but should not normally lead to a complete disconnection. However, the BBC doesn’t rule that out, adding that such measures could be employed “in the most serious and egregious circumstances, as is the case in the United States.”

While little in the foregoing presents much of a surprise, the BBC goes further than any other rightsholder submission thus far in suggesting that ISPs should not only forward notices, but also spy on their customers’ Internet usage habits.

VPNs are pirate tools

“Since the evolution of peer-to-peer software protocols to incorporate decentralized architectures, which has allowed users to download content from numerous host computers, the detection and prosecution of copyright violations has become a complex task. This situation is further amplified by the adoption of virtual private networks (VPNs) and proxy servers by some users, allowing them to circumvent geo-blocking technologies and further evade detection,” the BBC explain.

“It is reasonable for ISPs to be placed under an obligation to identify user behavior that is ‘suspicious’ and indicative of a user engaging in conduct that infringes copyright. Such behavior may include the illegitimate use by Internet users of IP obfuscation tools in combination with high download volumes.”

While the BBC goes on to state that “false positives” would need to be avoided in order to “safeguard the fundamental rights of consumers”, none of this will sit well with Internet service providers or the public. Throwing around accusations of illegal activity based on the existence of an encrypted tunnel and high bandwidth consumption is several steps beyond anything suggested before.

Site blocking

The BBC says it supports the blocking of overseas infringing sites at the ISP level after obtaining a court injunction. Of interest is a proposal to use a system which allows for injunctions to be modified after being issued in order to deal with sites finding ways to circumvent bans.

“It is important to have the ability to get existing injunctions varied by the court when defendants reappear in different guises, a useful tool in the United Kingdom,” the BBC writes.

Who foots the bill?

Who pays for all of the above has been the major sticking point in all Australian negotiations thus far. The ISPs largely believe they shouldn’t have to pay for anything, but most rightsholders – the BBC included – think that the costs need to be shared.

“In light of the fact that a large inducement for internet users to become customers of ISPs is to gain access to content (whether legally or illegally), it is paramount that ISPs are required to take an active role in preventing and fighting online copyright infringement by establishing and contributing meaningfully to the cost of administering some form of graduated response scheme,” the BBC concludes.

Earlier submissions from Hollywood, ISPs and tech companies can be found here (1), (2), (3)

Source: TorrentFreak, for the latest info on copyright, file-sharing and anonymous VPN services.

Let’s take a look at two of these stories that surfaced recently, starting with the BBC.

When the BBC reported on the riots in London, it frequently used pictures that were shared by Twitter users witnessing the events. This wouldn’t be that bad as the BBC would at least credit the people who took the pictures. Yet, in its reporting, the BBC completely failed to attribute any of the images it used, instead attributing them to Twitter.

When a complaint was made, the first response back included the following outrageous statement:

I understand you were unhappy that pictures from Twitter are used on BBC programmes as you feel it may be a breach of copyright. Twitter is a social network platform which is available to most people who have a computer and therefore any content on it is not subject to the same copyright laws as it is already in the public domain.  The BBC is aware of copyright issues and is careful to abide by these laws. (emphasis added)

Everyone reading this knows that to be untrue and the BBC did too, as Chris Hamilton (BBC News Social Media Editor) later admitted.

It’s not the position of BBC News, he said, adding that that the BBC tries to clear photos before using them but if there are time constraints that may not be possible. Unfortunately, UK law doesn’t allow fair dealing exceptions for this at present. So time constraints or not, it’s still a copyright violation.

And the BBC is not the only major news outfit to bend the copyright rules this month, the Daily Mail has been at it as well. This time, though, they probably picked the worst target possible, the wife of OpenRightsGroup founder and noted blogger Cory Doctorow.

In reporting on a story about Gap and their anorexic lines of jeans, the Daily Mail contacted Doctorow’s wife, Alice Taylor, asking for permission to use her work. She then offered the photos in exchange for £250 to a charity of her choice but the Mail declined this offer as ‘too expensive’.

Instead of buying it The Mail simply lifted the picture from the Washington Post, to whom Taylor had licensed it for use on their own site.

Only after numerous emails and an outraged crowd of commenters the newspaper promised to send a £1000 donation to the OpenRightsGroup and another £1000 to a charity dealing with eating disorders. We’ll wait to see if that happens.

This isn’t an isolated incident though. The net is awash with cases of the Daily Mail infringing copyright, and one photo agency is even suing them for more than £1M in damages.

The Digital Economy Act could have made a big difference here. Under the Act, after a certain number of accusations a website could have been taken offline. Thankfully, that’s now been taken out of consideration, but how much of that was down to judicial proportionality and feasibility, and how much was down to pressure from groups like the BBC and the Daily Mail (who belatedly realised that a major aspect of their business could be quite easily curtailed by the legislation) remains unclear.

The BBC is certainly no innocent in this, as it repeatedly pushed for strong punishments for copyright violators, even noting in some consultations that even more needs to be done than is being proposed. And who can forget the piece on a prime time BBC show, where they ‘reported‘ on a study, that we had poked major holes in weeks earlier, and yet had only ‘Industry’ participants. A complaint to the BBC had the response that it was “balanced”.

The issue is that few individuals can afford to pay for lawyers to file a copyright lawsuit, especially against large media companies such as the BBC. In effect, current copyright law is a tool for the rich allowing major companies to infringe frequently for commercial gain, yet face little sanction.

It would seem that in the end, we’re left with one question. Is copyright just for the Big Guys?

Source: TorrentFreak, for the latest info on copyright, file-sharing and anonymous VPN services.

Well, not quite.

An officially anonymous BitTorrent user (who TheNextWeb believe may be called Ben Metcalfe) has set out to prove that the websites in question can not only be saved for posterity, but also at a super cheap price.

“As time goes on, the on-going cost of storing this website data decreases – to the extent that it is practically nothing by today’s costs,” he explains.

“The purpose of this project is to show how the entire 172 public facing websites that are earmarked for deletion have been copied, archived, distributed and republished online – independently – for the price of a cup of Starbucks coffee (around $3.99).”

The anonymous user says that he embarked on his mission to save the websites at almost zero cost to “expose the ‘cost savings’ of this proposed exercise as nothing more than a charade to appease the detractors to a strong BBC and to curry favour with the current government.”

Of course, since this is TorrentFreak, it will be no surprise to any of our readers that when people want to copy, archive and distribute digital data with a tiny financial outlay, there is no better mechanism online than BitTorrent. This task is no exception.

Once the individual discovered that the BBC would be deleting the 172 websites, he began spidering them and ripping their content to a VPS server, purchased for the bargain price of $3.99. This seedbox is hosting the content which is all neatly wrapped up in a torrent for anyone to download and share.

“Contained within this torrent is a gzip tarball of each site, archived individually, allowing you to download just the site(s) you are interested in,” explains the site ripper.

He adds that he would like to see people continue to seed the torrent so that the sites can continue to exist after the BBC finally scraps them, adding that people may even be able reconstruct and host all or some of the sites.

This is not the first time a whole bundle of sites have been saved with BitTorrent distribution. Last year a huge torrent weighing in at more than 641 GB hit the net which linked to the entire archive of Geocities sites which were eventually shut down by Yahoo.

Source: TorrentFreak, for the latest info on copyright, file-sharing and anonymous VPN services.

BitTorrent is very effective in reducing bandwidth costs and thanks to technology developed by the P2P-Next team, it can also be used to stream TV-shows. Today P2P-Next has launched a new trial where they stream an episode of R&DTV in high definition.

In collaboration with the BBC, who kindly provided a HD episode of R&D TV, the researchers of P2P-Next will use this experiment to gather user feedback and demonstrate that the technology will allow video to be streamed to the public, by the public.

If successful, following further optimization the technology will allow everyone with a standard Internet connection to stream high definition video to thousands of people without having to invest in additional hardware or bandwidth.

“Our ambition level is to craft the next-generation of P2P technology,” P2P-Next scientific director, Dr. Johan Pouwelse, told TorrentFreak. “We hope that our Open Source P2P technology can provide existing user-generated video communities with high quality streaming video.”

Indeed, with this BitTorrent-powered streaming technology it should be fairly easy to create a mashup between The Pirate Bay and YouTube. Thanks to BitTorrent the users take care of the bandwidth, which significantly reduces the costs involved with running a video streaming site.

The current trial is limited to Windows users only, but the streaming plugin will also be available for other platforms in the near future. In order to stream the episode directly from the trial website, users have to install a plugin first, then the R&DTV episode should start to play.

Pouwelse further encourages those who are able to participate in the trial to submit feedback and report bugs. As the technology is only in an early stage of development, problems with some video cards are expected to occur, but it should work fine with the majority.

Those who want to participate can check out the BitTorrent-powered episide of BBC’s R&DTV here. Details on the number of users connected and the bandwidth transferred can be found on the statistics page.

Source: TorrentFreak, for the latest info on copyright, file-sharing and anonymous VPN services.

The 5 minute segment focused on an MPAA funded study by a group called the RAND corporation. The study – which was widely criticized early last month – is back with a new coat of paint. This time though, it’s being broadcast to the movie-going British public with the appearance of solid fact, and has addressed none of the questions we brought up just after the study was released.

Perhaps the choice of interviewees might shed some light on ‘why?’ a bit better.

* Keiron Sharp – Director General, Federation Against Copyright Theft.
* John Woodward – CEO, UK Film Council.
* Gregory Treverton – Director of RAND, the study’s authors.
* Callum McDougall – Executive Producer for Quantum of Solace.

This selection seems to be a bit one sided to say the least. If you’re wondering what’s so special about the last name, it might be because you didn’t go to see that film at the cinema. Just before the film was played, a short advert voiced by Quantum star Daniel Craig, talked about how “piracy was costing people jobs”.

McDougall also gave a speech last winter to a UK copyright industry lobby group saying how the industry will fall “like a house of cards” if downloading continues at current levels. This same group, the Industry Trust for IP Awareness, tried to push much the same message on terrorism and piracy almost 5 years ago.

One of our readers was angered by the bias of the segment and wrote a complaint to the BBC. After a few weeks of waiting a reply came back from BBC Complaints, and it was none too satisfying.

Thank you for your e-mail regarding ‘Film 2009 with Jonathan Ross’ as broadcast on 31 March.

I note you felt the report on this programme about copyright theft wasn’t adequately balanced as it only featured interviews with people from the film industry. I appreciate you felt we allowed a distorted view of this issue to be portrayed and note you have strong views regarding this matter.

This report focused in on a legitimate problem for both the film industry and the authorities as they try to tackle what is an ever increasing and profitable criminal activity. We feel the report outlined the laws surrounding the issue of film piracy adequately and that the interviewees from the film industry were entirely appropriate people to comment on the problem.

Impartiality is the cornerstone of all our output, and we feel this report was fully balanced in it’s coverage of copyright theft. Nevertheless I appreciate our audience has a wide range of opinions and inevitably this means that not every viewer will agree with the content of every programme we broadcast. We know all our editorial decisions are subjective and we’d never expect our audience to agree with every decision we make.

With this in mind that I’d like to take this opportunity to assure you that I’ve recorded your comments, including that you believe this topic deserves a more in depth investigation, onto our audience log. This is an internal daily report of audience feedback which is circulated to many BBC staff including senior management, producers and channel controllers.

The audience logs are seen as important documents that can help shape decisions about future programming and content.

Thanks again for contacting us.

Regards

Liam Boyle
BBC Complaints

Of course, there’s also a fine piece of irony in this show. The preceding segment was about a film called ‘The Boat That Rocked‘, a film about a 60′s pirate radio station. The irony is that it’s written and directed by one Richard Curtis. The same Richard Curtis that last year co-signed a letter to The Times urging ISPs to stop piracy.

It seems it’s only ok to profit from piracy, if you’re making a film about it.

UPDATE: The video of the segment is now available.

Source: TorrentFreak, for the latest info on copyright, file-sharing and anonymous VPN services.

To add to the excitement there are also plans to use BitTorrent to distribute the show and source material. The BBC is one of the partners in the EU funded P2P-Next research project that uses BitTorrent technology to shape the future of web based TV delivery. BitTorrent is very effective in reducing bandwidth costs and thanks to technology developed by the P2P-Next team it can also be used to stream TV-shows, and even live video.

The BBC is not offering BitTorrent downloads or streams for R&DTV just yet, but they do hope to use P2P-Next (and therefore BitTorrent) for future episodes. This could be done by embedding BitTorrent powered streams in their site or alternatively they could offer regular .torrent downloads.

R&DTV is published in a full 30 minute version and a brief 5 minute edition offering just the highlights. Both are available in various video formats but that’s not all. For every episode, all of the source material – including raw footage not used in the full show – is also included in the so-called asset bundle.

In true BitTorrent style the downloads come with a ASCII art Scene-inspired NFO file disguised as readme.txt. “We’re pretty excited and ask you to please tell us what you do end up doing with the asset bundle, so we can learn what works and what does not work and fix it next time we release another asset bundle,” the BBC writes on the download page where the show is posted.

We applaud the BBC for being one of the few content publishers not to shy away from BitTorrent and file-sharing in general. We’ve previously written about Norwegian state TV that launched its own BitTorrent tracker, but unfortunately they forbid people from redistributing or remixing their shows.

By using a Creative Commons license the BBC seems to understand that this is one of the key elements of 21st century broadcasting, and we hope to see more initiatives like this in the future.

Source: TorrentFreak, for the latest info on copyright, file-sharing and anonymous VPN services.

With today’s compression and hard drive technology, we can store hundreds of movies in a very small space indeed, but before the mainstream uptake of digital technology, storing video or music was a very expensive and resource-hungry task. Recent news from the BBC gives us a taster of how difficult things had become for them in the 1960′s, with the public broadcaster finding itself squeezed by lack of funds and lack of storage space, and even having to resort to erasing TV shows it had previously made.

One such TV show that suffered was Dad’s Army, a sitcom about the Home Guard in World War 2. The series ran for a huge 80 episodes on TV and made further appearances on radio, film and stage. The show pulled in 18 million viewers an episode during the 1970′s and still appears on TV today. Last night a very special episode aired on the BBC.

Room at the Bottom, an episode presumed lost by the BBC when it was erased to save space and money over thirty years ago, appeared on TV last night. The original show was in black and white (the color version was erased, along with the audio) but experts recreated the color version from the black and white source. But what about the lost audio?

Ed Doolan MBE is a presenter on BBC Radio WM, but back in 1969 before he worked for the BBC, he was a very naughty boy. Using a reel-to-reel tape recorder, Doolan recorded many shows, including the audio from the ‘lost’ episode when it first aired, and has kept the recording ever since. Today, far from hauling him over the coals, the BBC has used Doolan’s illicit copy to help bring the show back to life.

Last night, millions of Dad’s Army fans enjoyed the ‘lost’ episode of their beloved show and you can bet that not a single one would be calling for Doolan to be sued. In the end, the ‘good’ in his piracy leads to enjoyment for millions, and that can never be a bad thing.

It’s only when we lose something that we truly appreciate its full value and, thanks to file-sharing and the Internet, we are now in the enviable position of never having to apply the words ‘rare’ or ‘lost’ to any media ever again. And even though companies want to make media less accessible with their DRM, in the longer term, no-one will thank them for locking away history.

Source: TorrentFreak, for the latest info on copyright, file-sharing and anonymous VPN services.

“Today, piracy has become more and more like, someone who likes freedom, someone who likes information exchange” says Peter. “It’s only positive, it’s only, only good and you know, that is piracy according to some people, and you get labeled as a pirate.”

Peter then goes on to state some of the objectives and motivation behind running the world’s largest BitTorrent tracker: “We’re fighting, The Pirate Bay is fighting for freedom because we don’t want to be information slaves, we don’t want to have someone else decide what we should and shouldn’t think.”

Despite massive effort by the music and movie industries to create a negative image of piracy, for some, the term ‘pirate’ has lots of positive connotations these days and Peter is happy to be labeled as one: “We call ourselves pirates because the recording industry is calling us pirates and we think it’s a cool thing to be a pirate. It’s people today that want to share information and the internet has changed how people actually distribute music and movies so the industry is very scared of the change.”

Most modern-day media pirates would agree, piracy hasn’t always been easy. Tools haven’t always been readily available nor priced in a way that makes piracy accessible to all. The internet – providing worldwide communication and information interchange for everyone who accesses it – has changed all of that. Putting that genie back in the bottle may prove impossible, says Peter:

“Previously we wanted to have information free but it was hard and the Internet has made it easy. This is an evolution that’s needed and I think in a hundred years we’re gonna look back at this period and say: “We were so stupid to even try and stop it”

But the movie and music industries are attempting to stop it and they do not consider themselves stupid for trying. Indeed, the movie industry in particular is putting huge resources into trying to curtail piracy and has put significant amounts of effort into shuttering The Pirate Bay.

“Getting all of the industry against you makes it very hard,” says Peter, “it is so important that the people can communicate and they want to stop this for, you know, economical reasons – and they’re not even right about the economical aspects.”

The BBC interviewer questions Peter on this point: “You say they are wrong about the economical aspects but they would say: ‘I own this film, I own this music, and you are stealing this from me’. How are they wrong about the economical aspect?”

“Well, what we’ve seen in the music industry is that interest is growing, more people are interested in music and they spend more money than ever on music, but the record industry is shrinking because nobody wants to buy CDs anymore, it’s an inferior product, you can’t put the CD directly on your MP3 player.”

Indeed, the music industry has been incredibly slow to adapt to the digital revolution, in the main preferring to insist that people continue to buy their music on plastic discs, instead of the incredibly popular, flexible (and easily copied) MP3 format. Peter believes it’s about control:

“They don’t want to sell MP3s because they feel they don’t have the control they used to have, so they don’t understand that they are losing out on money because they are not following how the industry is changing.”

But it’s the ‘reproduction pirates’ – file-sharers – that are taking over the ship now. They’re everywhere says the BBC, and they’re multiplying. Tarleton Gillespie, assistant professor at the Department of Communication, Cornell University explains:

“The generation that scares the music industry more is the next one, the one that’s coming up now because they’ve never known anything different. There’s always been peer to peer [for them], there’s always been very easy ways to get on whichever service you want and the music is there. So the question of how to get it…it’s not backroom dealing or someone setting up a table on the street corner, it is always there, so the music industry is struggling because they have to figure out how to convince that generation to think of anything other than “this is the easiest and most free way to get my music.”

The full 3-part article accompanying the podcast can be found here.

The podcast itself can be downloaded here, and is packed with lots of information, provided free of charge, without DRM, and in convenient MP3 format. How media should be.

Source: TorrentFreak, for the latest info on copyright, file-sharing and anonymous VPN services.

One of the biggest names taking part is the BBC, who will use the new BitTorrent client to stream TV programs. Other partners in the P2P-Next project are the European Broadcasting Union, Lancaster University, Markenfilm, Pioneer Digital Design Centre Limited and VTT Technical Research Centre of Finland. The main goal is to develop an open source, BitTorrent-compatible client that supports live streaming.

Approximately 50% of the people who use BitTorrent at any given point in time download TV shows. The current project will help broadcasters to find better ways to reach this online audience, and offer high quality on-demand television.

“This cooperation with both the British and German public broadcasters indicates that P2P is here to stay. We welcome the decision of the European Union to award this proposal around P2P. This means that Europe can expand it’s roughly two year lead in this important area,” Tribler’s Johan Pouwelse told TorrentFreak.

“Tribler serves as a testing ground for several world-first innovations. It serves as a living lab for P2P research. Key to our endeavor is an academically pure architecture: no central servers exist in Tribler in combination with being backwards compatible with BitTorrent,” Pouwelse added.

As part of the project, the Tribler team, together with Harvard researchers, implemented the “Nobel prize winning” mechanism design theory into their BitTorrent client. The ultimate goal is to encourage people to share as much as possible without imposing share ratio sanctions, and to let users moderate the available content.

BitTorrent sites are watching the P2P-Next project closely, and some might even be interested in experimenting with the new technology. We asked Johan Pouwelse if he sees possibilities to collaborate with BitTorrent sites, and he said: “We are creating tools for traditional broadcasters and also new entrants to the distribution market.”

I guess we should take that as a yes.

Source: TorrentFreak, for the latest info on copyright, file-sharing and anonymous VPN services.

Curtis illustrates his point by comparing the rise of Neoconservatism in America and the Islamic Fundamentalism in the Middle East. He argues that both are closely related, and that both parties profit from misconceptions, and exaggerated, illusory threats.

To date the series of documentaries was never shown on American TV. Curtis tried to get it on American TV, but he was told by a head of the leading networks that there was no way they could show it. ‘We would get slaughtered if we put this out,‘ was the response of the man in charge of one of the leading TV networks.

The three documentaries first aired on BBC TWO in the autumn of 2004. An updated version was broadcast in late January, 2005. The series been shown in several other countries and is now available as a free download.

Source: TorrentFreak, for the latest info on copyright, file-sharing and anonymous VPN services.