Why the IFPI/Eircom Anti-Piracy Deal Sucks
Written by enigmax on January 31, 2009This week, Irish ISP Eircom and the music industry avoided an expensive legal battle, and settled out of court with a deal to disconnect alleged pirates. Eircom didn’t want to start using filtering technology to thwart pirates, so it made a deal with the labels instead – and it sucks.
Eircom, after initially holding out and maintaining its position so strongly, has now capitulated to the wishes of the music industry. It has settled with a group which runs 90% of Ireland’s music market, putting their wishes above the requirements of its own customer base, who of course, they didn’t consult about the move.
Thanks to Eircom entering into this entirely voluntary agreement, there is no need for them or the music industry to worry about any official intervention into the methods used for accusing and disconnecting subscribers. The music industry simply accuses alleged copyright infringers (via DtecNet, the RIAA and BPI anti-piracy partner), and the ISP simply disconnects them on an agreed Terms of Service violation.
A worrisome development, to say the least. The agreement bypasses the need for any legal ruling on the issue of a government-applied ‘3 strikes regime’. So, although the government may decide against this type of action for the general public, Eircom just put it firmly on the table, completely voluntarily, for all of its subscribers.
There will be no need to take alleged copyright infringers to court. The music industry knows from the US model that doesn’t work anyway, because it involves all that messy ‘defense’ stuff that people who are wrongly accused usually have the right to. Rather than face the hell of a trial (which at least they have a chance of winning), customers will be presumed guilty rather than presumed innocent. The will be no due process on the way to the punishment disconnection.
There will likely be no easy legal challenge to a user’s disconnection. Eircom will simply change its Terms of Service to include new tougher clauses which allow them to terminate the service if the connection is ‘abused’, although arguably the old TOS allows for this already. The warnings it will hand to its customers leading up to this point will be considered enough notice, as per the new TOS.
Anyone who shares an Internet connection with friends or family, or any business that has file-sharing staff (or wireless piggy-backers etc) will mean that the entire line goes down if anyone infringes, even a child. In disconnections of this type it will mean that the bill payer is being made responsible for something which happens on his connection without his knowledge.
As a carrier, ISPs are not responsible for the activities of their subscribers. The music industry disagrees. Eircom were set to challenge this in court – but with this new agreement that opportunity has been lost. The Big Four labels also insisted that anti-piracy filtering technology could be installed at Eircom, and argued that it would work. The chance to dispel this myth has been lost too.
Perhaps even worse, this might just be the beginning. The IFPI will use the Eircom agreement to force other, smaller ISPs in Ireland to reach the same agreement with them. If they succeed, IFPI will have achieved a “3 strikes” regime in a country without need for the messy business of the government getting involved with regulation, which it would otherwise be reluctant to do.
In no way does this agreement stop the music industry from getting someone disconnected AND taking a civil legal action against them.
This agreement will do nothing to change the habits of those who wish to share files. It will, however, encourage people to find a way around the measures introduced by IFPI and Eircom so the never-ending cat and mouse game continues.
Previously: Comcast Labels Innocent Customer a Movie Pirate
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63 Responses
In a country such as Ireland, I doubt that it has the level of corruption in countries like say, Zimbabwe, or China. Therefore, I do think that Ireland is very much a democratic country. One issue of The Economist had a democracy index ranking, and Ireland scored a 9.01, ranking as the 11th most democratic country in the world. The Freedom House also ranked Ireland as a very democratic country, and does not put Ireland below, say, Russia, or Turkmenistan. I do not doubt that Ireland is a free country.
Given that such is the case, the best way to oppose the IFPI is then through the vote. I do not know how the legislation in Ireland works, but doubtless the public opinion is sovereign through the vote. These kinds of things can be legislated against if the public opinion is against such policies. The only problem is whether the public is indeed against it: if it is not, then it needs to be changed, through a well-funded advocacy campaign, perhaps. If people can pool their resources together in an organization or something like that, then perhaps there could be enough money to run such an advocacy campaign. Once the public opinion is against it, all of these bad things that the IFPI has done can be reversed.
Roze
http://www.10ch.org
The first thing to do as an Eircom customer is to cancel the contract because of the new TOS and stop paying them. Switch to whatever is left. If enough people actually do that it might send a signal to other ISPs. If you do nothing you’ll end up in a situation where all ISPs are doing this crap and your only choice basically is to not have internet access at all. That’s unacceptable and so are Eircoms TOS dealings behind the back of their customers.
"..so the never-ending cat and mouse game continues."
The game MUST continue, because if the game stops that means people have turned into pussies and given up to the wills of corrupt individuals who want nothing more than to dominate their life and soul for every penny they can squeeze out.
Ask yourself this question, are you a pussy? if you are giving up, the answer is a big YES, if no, sharing is caring my friend, see you online ;)
http://www.eZee.se
I'm from Ireland, I'm on probably the second largest ISP so I'm guessing we're next (BT)
Now the qustion is, what are the ways around it.
In a country such as Ireland, I doubt that it has the level of corruption in countries like say, Zimbabwe, or China. Therefore, I do think that Ireland is very much a democratic country. One issue of The Economist had a democracy index ranking, and Ireland scored a 9.01, ranking as the 11th most democratic country in the world. The Freedom House also ranked Ireland as a very democratic country, and does not put Ireland below, say, Russia, or Turkmenistan. I do not doubt that Ireland is a free country.
Given that such is the case, the best way to oppose the IFPI is then through the vote. I do not know how the legislation in Ireland works, but doubtless the public opinion is sovereign through the vote. These kinds of things can be legislated against if the public opinion is against such policies. The only problem is whether the public is indeed against it: if it is not, then it needs to be changed, through an advocacy campaign, perhaps. Once the public opinion is against it,
Roze
http://www.10ch.org
Using a proxy like Your-Freedom or Http Tunnel (if it's still around) will probably work. I use Your Freedom religiously with uTorrent and it works just fine.
ChequeredManiac : Darknets, for example
http://en.wikipedia.org/wiki/WASTE
http://en.wikipedia.org/wiki/Perfect_Dark_(P2P)
Perfect dark will not be able to get around the accusations they will use the same method they are using currently for bit torrent. (no matter how haphazard they are). While WASTE does seem like a viable option in terms of security it wouldn't really work on the same scale as bittorrent currently does.
To expand the anonym-p2p list: Kommute (http://kommute.sourceforge.net/)and Freenet (http://en.wikipedia.org/wiki/Freenet) ;-)
I have an splendid idea; When I just arrived in Dublin for work I could not get internet but browsing the wireless networks something odd appeared, all the Eircom Wireless networks had the following name: ericomXXXX XXXX, where X's of course are numbers.
5 minute of googling later I found the following site: http://s4dd.yore.ma/eircom/
And guess what, it worked. Now I have my own connection which had the same 'flaw' but I changed some settings and should be safe.
So I call on all Irish folks to have some good old downloading fun and get half of Ireland disconnectd :- ) :-)
Don't all these deals suck?
this one just happens to hit the whole of ireland almost. crazy.
i dont see why the anti-piracy industry doesn't just give up. They need to do this in every single country in order for it to work. And that just wont happen. And there are so many more sources than just bittorrent/limewire. Usenet, rapidshare/MU, irc, to name a few. Piracy will never be gone no matter what you do
shut off the internet will cure most of it though =[
MeH
Mayhem excites Hell
OK, first be aware that using a regular proxy is pointless as far as protecting yourself from other clients (ie.: IFPI and Co. agents) as it only works for traffic to and from the tracker. All clients that connect to you see your real IP address still. Pointless. People with no idea enter proxy addresses into utorrent and believe they are anonymous when a small amount of reading would tell them otherwise.
You can download blocklists from bluetack and use them in utorrents security filter or get peerguardian – this is also pretty useless – it's only as good as the list, which the anti-p2p companies also have access to and I fail to see that any reliable method exists to ensure you block all potential harmful addresses.
You can use private trackers only or just for new content. Private trackers – generally – are safer because there is less users (less of a target for anti-p2p agencies – why go for them when TPB trackers cover 1/2 the torrents globally) and restrictions on joining. However, the same methods can still be used to harvest IP addresses.
Now some options that will protect you:
You can pay a small fee and buy a VPN service. This essentially encrypts all traffic, including p2p, and all traffic runs through the VPN server – meaning your ISP cannot tell what traffic you are downloading (other than it's encrypted) and, most important, any body who connects to you only sees the IP address of the VPN. Meaning no body can identify your internet connection. Do not confuse this with "proxies" – you cannot run most (all?) p2p traffic through proxies by design and even if you could it would be deathly slow and liable to be banned fast.
Good for Bittorrent VPN list: http://filesharefreak.com/2008/10/18/total-anonym...
You can purchase a seedbox service: this is a remote, high speed server that runs a torrent client. You download/upload files on the server, controlling it from home and then FTP files to your home computer. Aside from offering huge upload speeds (MB/s), being always on, offering blazing speed when you download files and being a necessity for some private trackers it also means your home IP is never in the swarm – so IFPI and Co. can detect it but it isn't your home connection. Note that some seedbox providers do not allow them to be used on public trackers to avoid takedown notices and unwamted attention from IFPI and Co.
Seedboxes: http://filesharefreak.com/2009/01/19/complete-lis...
Or you can sign up for Usenet and/or use direct download links and avoid Bittorrent altogther.
Umm, apparently you have no idea how Perfect Dark works you silly twat. Perfect Dark bounces traffic through multiple "proxies" (ie. other clients) with multiple layers of encryption. Anti-p2p will have no idea of what anyone else is downloading or where it's going.
You uninformed idiot.
Lets hope that all the users that are disconnected chooses another provider, and doing so Eircom will loose a big part of it's costumer base, that there competition will pickup. When the rest of the ISP's see how Eircom is loosing it's business the competition, they will not be so ready to voluntarily go for the MAFIIAs proposals.
The encryption won't matter if it is a free to use network…. all they need to do is use a client of their own and it will gather the ip address of the proxy sites. the proxy servers that the files would go through would be found easily through that method… which would mean organizations such as the mpaa and ifpi will have little trouble trying to force them to shut down. nothing on the internet is truly anonymous. in the end all your doing is adding overhead to a system which in the end will be shut down.
i will turn into nothing more than a cat and mouse chase to shut down the servers while new ones are being set up.
Certainly, thats the hope – but where many pirates get disconnected, there are more than enough mom/pop users on ISP's that don't pirate at all, and wont leave – and that leaves enough strength in their numbers to keep the ISP afloat.
The problem with saying that boycotting ISP's works is that it doesn't – there are too many normal users out there, and they can easily hold the ISP's up even if every pirate disconnected for a day. Hell, it would probably be easier on their bandwidth too.
If the Irish Pirates want to get back at their ISP's, here's a thought – Utorrent + flash drives. Friends homes, family, enemies, cyber bars, hot spots, whatever. if it has a hookup to one of these guilt-before-accusation ISP's, set it up and start a download. They get a takedown, and get disconnected. Find ways to get lots and lots of people disconnected.
The collateral damage is what you are aiming for. Prove to the rest of Ireland, and the world, that these kinds of methods will only harm more than they help – its like using a nuke to take out a single target – how many other people will you drag down to catch one?
Its pathetic, one way or another.
Every client is server. Every client stores 'community files' at minimum of 40gb. Minimum of 40 gb of encrypted files you dont know what they are about. minimum of 100kB/s upload bandwidth of stuff you dont know. Just kick up the client and you become server automatically. You just dont know what is going through you, what you store and who you serve. You dont know if its mean to him who you send it to or somebody behind him.
this wont matter.. in their eyes you are still downloading and uploading what is copyrighted media. in the end it doesn't matter who its going to… its the same as how they believe that if my neighbor downloads off my wireless its my fault…
i will admit what i originally wrote was wrong.. or uninformed.. but my point in the second one still stands (to some degree)
im just saying what i think the logic will be of the MPAA and such, and we know how good they are with understanding how good tech works.
Very good advise and to the point, +1'ed.
Just goes to show, this will never work, there are some very good "back options" available that anti-p2p organizations will always be trying to play catch up with.
Stay safe people, and see you online ;)
http://www.eZee.se
It will matter: it is impossible for them to determine what is being transferred to any visible IP connected to their client as well as impossible to determine even if it is files in their clients shared data. If they download they will end up with a complete, recognisable file but they'll have no idea where it came from. They cannot say "the IP's that we logged when the file was downloading" because parts of the file may have already been in the datastore before they began the download.
It is impossible for them to say something along the lines of: X IP address was downloading/uploading file with Y hash.
The case of WiFi is different: they can say that X IP address was downloading/uploading file with Y hash.
Well, I doubt that people will even be able to sign up with them with the same details…
oh dear Ireland… It seems you are getting screwed coz u fucked up joining the EU. The Ba$trad$ are giving you pay back.
The collateral damage is what you are aiming for. Prove to the rest of Ireland, and the world, that these kinds of methods will only harm more than they help
What? That statement makes absolutely no sense whatsoever. First – Ireland joined the EU in 1973 before filesharing or indeed the internet was even invented. Second – This has absolutely nothing to do with the EU. Nothing whatsoever.
Hey a worrying development, i am on eircom and was outraged the morning i found ou t abou the deal and have been badmouthing eircom to everybody i know or who will listen.
But even worse than th ethreat of being spied on and cut off i was trying to download torrents today and it woul dseem eircom are throttling bittorrent traffic!! i had speeds of 150-200kbs not three days ago, now im lucky to make 10kbs. i have tried over 20 differant torrents both legit and non and evrytime the same resuklt. im talking popular 500+ seeds not small torrents. im getting very pissed of at this isp
The EU? Really? Last I heard the U stood for Union. This is generally a collective term. And as that is the case, wouldn't the other members of the EU also be "screwed"? Not the smartest post in the world. The EU has little to do with this and the governments of many other member states have more liberal views on downloading. Our government has just failed to take a stand one way or another which is sad for us but we'll survive.
un real….poor ireland…. i agree with lone wolf….. go to ever library everywhere get em all shut down….. make the entire internet in ireland shut down (or what 90%) and see how long it takes for someone to open a new business and provide new internet service that doesn't co-op with the music industry. The facts remain…If it can be made..it can be un-made….lets just ask Kim-Jong in N.Korea to setup huge servers and run the entire bittorrent community from there. God knows the worlds afraid of his "Nuclear arsenal" lol
WRONG
most of the ISPS haves for some time now made a differing price to use accounts and those mom n pop accounts are like a 4th what HIGH speed users get and pay for.
example downstairs is a lady who uses a 1 megabit connection and pays 20$
plus the dry loop that's 40$
I pay 45$ plus the dry loop or 65$ with teksavvy
think bell canada as she is with and you would pay up to 100$ for what i pay for and you get capped at 100GB
So they are losing money all of these capitulating morons and there are way more downloaders then the above poster thinks
some stats from 2006 to 2005
Sept 2005 – 5.4 million using p2p
March 2006 – 9.8 million
go ahead and remove that form the money stream in a short period and poof goes the local economy OH wait that's india where there tech support is.
Be interesting when they start laying off call centers cause they dont have the cash to pay them what Indians think about down loaders then eh?
We have and always have footed the major chunk of hte bill.
GO ahead remove us …if you can.
get a seed box and try Sftp if they throttle that then there business clients will drop them and move on
Ya same place that made deals with microsoft so ya poor ireland this is your pay back fo rdealing wiht BILL who btw his company signed a deal wiht the MPAA and RIAA. Even bills a scaredy pants to hollywood.
BOYCOTT!
Poor Ireland. The whole popultaion will probably be cout off from the internet…
http://stuckinframes.blogspot.com
Actually I would say that is partially wrong at least: ISPs – as a general rule – make less money off heavy users. The reasons for this are as follows: (note I'm not an expert however I talk to people who I consider to be and this is the general gist I've gleaned – I may be wrong and/or generalising):
ISPs pay a data wholesaler for a certain amount of data at a fixed bandwidth: for example perhaps they pay for 40TB/month OR they pay for bandwidth with unlimited data.
Then they make this available for their customers. As data allowances go up, so does the price of the plan the customer pays, – BUT – the price per unit of data that the customer pays drops – until the "lowest" for uncapped plans.
So you might have this happening for example:
Mom & Pop pays $50 for 80GB/month
Heavy User pays $80 for 200GB/month
(this is the pricing of my ISP, http://www.tpg.com.au) They do not advertise the 200GB plan ever ;)
So from the ISP perspective: for a $50 plan they can have get $200 for 200GB
OR for the heavy user: $80 for 200GB.
Then you add in that heavy users are much more likely to be downloading large files in a constant stream: this means that less customers can be using the bandwidth concurrently with the same speed: or, in plain English, the network becomes congested faster.
ISP's make more money off casual users – most ISP's have the situation where a minority of users use 80% of network capacity. Many casual users in fact subsidise many fewer heavy users because they are paying (much) more per unit of data. Heavy users are (much) less profitable than casual users in greater numbers.
Now, I do agree that (in my estimation which is not from a very unformed point of view) ISPs would baulk at losing a huge swathe of heavy users all at once, however in a slow process where they could replace them with lighter users – it would be more profitable.
So.. what would happen if a University / Business etc. get these warnings? I can't imagine them cutting off the entire business.
Agreed with seedbox: also – whilst it's hard/unpredictable to predict the speed of any torrent owing to not knowing speeds/available bandwidth – number of seeds isn't a good predictor of speed.
The key figure you can use if the SLR or Seed to Leech ratio: this is obtained by dividing the number of seeds by the number of peers (or leeches). This is still highly unpredicatble but it's been shown that it's the best predictor of overall swarm speed.
As a general rule, anything over 1 is good.
If you have 500 seeds with 1000 peers, SLR = 500/1000 = 0.5. What this tells you is on average each seed will be uploading to 2 peers usually it's never that neatly organised though obviously.
(Add in the fact that not all bandwidth of each client is available due to multiple uploads and that peers who jumped in ahead get preferential treatment due to "tit-for-tat".)
If 500 seeds have 250 peers, SLR = 2, on average each seed can devote 2 upload slots to each peer.
Number of seeds is actually pretty meaningless: for example at one point I noticed GTA4 @ TPB had 1000 seeds with 75,000 peers. The swarm speed was not very fast as that is a terrible SLR and people waited days on end.
10 seeds with 2 peers, as illogical as it sounds, is, on average, going to be faster than the GTA example – given that they have the same speed connections & same upload settings – as the average of the 1000 seeds of GTA.
Agreed with seedbox: also – whilst it's hard/unpredictable to predict the speed of any torrent owing to not knowing speeds/available bandwidth – number of seeds isn't a good predictor of speed.
The key figure you can use is the SLR or Seed to Leech ratio: this is obtained by dividing the number of seeds by the number of peers (or leeches). This is still highly unpredicatble but it's been shown that it's the best predictor of overall swarm speed.
As a general rule, anything over 1 is good.
If you have 500 seeds with 1000 peers, SLR = 500/1000 = 0.5. What this tells you is on average each seed will be uploading to 2 peers usually it's never that neatly organised though obviously.
(Add in the fact that not all bandwidth of each client is available due to multiple uploads and that peers who jumped in ahead get preferential treatment due to "tit-for-tat".)
If 500 seeds have 250 peers, SLR = 2, on average each seed can devote 2 upload slots to each peer.
Number of seeds is actually pretty meaningless: for example at one point I noticed GTA4 @ TPB had 1000 seeds with 75,000 peers. The swarm speed was not very fast as that is a terrible SLR and people waited days on end.
10 seeds with 2 peers, as illogical as it sounds, is, on average, going to be faster than the GTA example – given that they have the same speed connections & same upload settings – as the average of the 1000 seeds of GTA.<span class="idc-clear"></span>
Any Irish people reading here? Would be interesting to hear what the reaction of the mainstream and technical/IT press is to this.
Also it would be interesting to hear about what your perception is of public opinion generally regarding this deal.
Irish folks should start boycotting Eircom now, to teach them a lesson and force them to think twice. Hit them where it hurts, ie money. Send a protest letter and cancel your account, even if you're not a file sharer.
I'm sure that the 5% of people that are downloading stuff on a regular bases will be pissed, but this issue goes beyond the subject of the case. Imo it's the outcome that is of greater importance. This could possibly cause changed in privacy laws. It will also affect peoples statutory rights, such as the right to a fair and independent investigation should you be accused of a crime.
Doesn't matter which service you go with, eircom own the whole network, state company
Huzzah for Proxies.
The best plan is actually to work for something like a large business or educational Institution, as they generally have self-controlled internet connections, or have special terms set down, as they are such big users.
I can, for example, use my university department as a proxy, or even VPN in securely and go about my business on there.
can't speak for everyone else, but you've mentioned two hurdles there.
Not everyone will have 40Gb available
not everyone has 100KB/s upload
Personally, with all the PDFs and other documents i get every day I'm lucky if I keep 5-10Gb free, and 100KB/s upload is twice what my ISP offers at most. Such restrictions won't endear these sorts of networks to most people.
Just wondering if trackers can help here. If they inject the IP ranges of this ISP into the swarm then the MAFFIA would have a hard time gaining credibility for supplying valid IP addresses.
I'm Not an expert but think TPB was doing this.
Just my 2c
doesn't work
get used ot it and when you cant use the net for stuff , turn it off
cost them money and give ipfucktards no cash for there troubles then the stats will PROVE it did nothing then harm a business.
if you are wondering what the reporting in ireland has been on tv, radio etc, the answer is absolutely zero, i've not seen or heard anything about it at all, the internet is the only place you'll hear about it and only on tech blogs and sites etc
yeah true. never mentioned in the news or radio at all. boards.ie is irelands most active forum, and believe me, theres plenty of frustration in this
how were you googling for 5 minutes with no internet connection?
The eircom SSID exploit has been around for quite some time now. Theres even little executables you can use from thumbdrives etc to give you the WEP key.
you are a tool aren't you. The EU is the place to be these days…your currency is currently valued at whats that…? oh yea, less than ours. still. :D
Who can give me a list of available broadband ISPs offering at leat 2MB or more in Ireland. I need to change ASP.
Very good advise and to the point, +1'ed.
Just goes to show, this will never work, there are some very good "back options" available that anti-p2p organizations will always be trying to play catch up with.
Stay safe people, and see you online ;)
k this is strange, spent hours trying everything to fix it. i used utorrent optimised it myself and all was well when i was getting my highish dl speeds. but i got sick of all my torrents dying so i got bitcomet. the same torrents are flying down bit comet and i try em in utorrent and they are still dead…. hmm i know this is not a forum for technical discussion so i will add that eircom sucks and i will be switching asap and telling everybody i know to do the same.
hd space arent problem nowadays. its so cheap. and if you dont have 100 kb/s, thats not a problem, just slows your movement a bit. as long you dont run out of space you are fine.
Everyone seems to think that Eircom is the only ISP in Ireland. I stopped using them about 2 years ago because their service is absolute balls. Chorus is the one people are switching over to alot these days, so I can only see this as Eircom shooting themselves in the foot and driving more customers to the competition.
When is this coming into effect? It's all very ambiguous. Anyone?
This is F*cking Redicioulous, Were using BT, but the bt line is owned by eircom, First they rip us off, but now they put the curropt and messed up music industry before the customer. Can't wait to move outta here lol !
My initial reaction was to change ISP, but instead I think I'm going to try to call their bluff for the moment. I'm going to keep downloading until I get my warning, then I'll consider moving or the seedbox option.
As for the general reaction… I'm not sure. Unfortunately most of the people I know personally who download music and such know how to get Kazaa-like programs and operate them, but don't understand them. Fewer still are aware that torrents exist. I think the implications of this decision by Eircom will go over a lot of average people's heads.
I would like to believe that this move by Eircom would cause an uproar (even though realistically Eircom has little option considering it was actively advertised it's services on the Pirate Bay and thus gave the record companies the leverage they needed to push this through) but I doubt that will be the case. We just don't have the same online social-networking culture here that many other countries have, and most people don't understand enough about what this all means to be worried about it.
It's a private limited company. It hasn't been state own since it changed it's name and there was all that ho-ha about the shares being sold. If it was still a state-owned company, we would have had that 7MB broadband they're advertising now a long time ago. Back when it was 'Telecom Eireann' it had what was perceived to be one of the best telephone infrastructures in all of Europe. I kid you not.
Really? I'd suspected that to be the case, but mainly figured I was just being ignorant due to the fact I don't watch the the Irish news. That's typical for Ireland mind you, so I shouldn't be surprised.
I would presume that although Eircom own the physical 'line', they wouldn't have the authority to cut you off because it's BT providing the service. The music industry is claiming that it's the ISP is responsible for any illegal actions taken by their customers, and in your instance, that would be BT. Eircom should have nothing to do with it.
oh let’s see the sudden loss of all of eircom’s customers to the smaller businesses. and with their sudden populatiry because of thier small sizes, they’ll do everything they can to keep it.
i can see this working out nicely for fastcom =D
so if i cchange to ,lets say 3 i would be able to file share without the threat of disconnection
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