Whether via high-profile publicity lawsuits or a simple email, it’s hoped that by letting people know they aren’t anonymous, they’ll stop pirating and buy more content instead.
Traditionally, most ISPs haven’t been that keen on passing infringement notices on. However, the BMG v Cox lawsuit seems to have made a big difference, with a growing number of ISPs now visibly warning their users that they operate a repeat infringer policy.
But perhaps the big question is how seriously users take these warnings because – let’s face it – that’s the entire point of their existence.
There can be little doubt that a few recipients will be scurrying away at the slightest hint of trouble, intimidated by the mere suggestion that they’re being watched.
Indeed, a father in the UK – who received a warning last year as part of the Get it Right From a Genuine Site campaign – confidently and forcefully assured TF that there would be no more illegal file-sharing taking place on his ten-year-old son’s computer again – ever.
In France, where the HADOPI anti-piracy scheme received much publicity, people receiving an initial notice are most unlikely to receive additional ones in future. A December 2017 report indicated that of nine million first warning notices sent to alleged pirates since 2012, ‘just’ 800,000 received a follow-up warning on top.
The suggestion is that people either stop their piracy after getting a notice or two, or choose to “go dark” instead, using streaming sites for example or perhaps torrenting behind a decent VPN.
But for some people, the message simply doesn’t sink in early on.
A post on Reddit this week by a TWC Spectrum customer revealed that despite a wealth of readily available information (including masses in the specialist subreddit where the post was made), even several warnings fail to have an effect.
“Was just hit with my 5th copyright violation. They halted my internet and all,” the self-confessed pirate wrote.
There are at least three important things to note from this opening sentence.
Firstly, the first four warnings did nothing to change the user’s piracy habits. Secondly, Spectrum presumably had enough at five warnings and kicked in a repeat-infringer suspension, presumably to avoid the same fate as Cox in the BMG case. Third, the account suspension seems to have changed the game.
Notably, rather than some huge blockbuster movie, that fifth warning came due to something rather less prominent.
“Thought I could sneak in a random episode of Rosanne. The new one that aired LOL. That fast. Under 24 hours I got shut off. Which makes me feel like [ISPs] do monitor your traffic and its not just the people sending them notices,” the post read.
Again, some interesting points here.
Any content can be monitored by rightsholders but if it’s popular in the US then a warning delivered via an ISP seems to be more likely than elsewhere. However, the misconception that the monitoring is done by ISPs persists, despite that not being the case.
ISPs do not monitor users’ file-sharing activity, anti-piracy companies do. They can grab an IP address the second someone enters a torrent swarm, or even connects to a tracker. It happens in an instant, at a time of their choosing. Quickly jumping in and out of a torrent is no guarantee and the fallacy of not getting caught due to a failure to seed is just that – a fallacy.
But perhaps the most important thing is that after five warnings and a disconnection, the Reddit user decided to take action. Sadly for the people behind Rosanne, it’s not exactly the reaction they’d have hoped for.
“I do not want to push it but I am curious to what happens 6th time, and if I would even be safe behind a VPN,” he wrote.
Of course, there was no shortage of advice.
“If you have gotten 5 notices, you really should of learnt [sic] how to use a VPN before now,” one poster noted, perhaps inevitably.
But curiously, or perhaps obviously given the number of previous warnings, the fifth warning didn’t come as a surprise to the user.
“I knew they were going to hit me for it. I just didn’t think a 195mb file would do it. They were getting me for Disney movies in the past,” he added.
So how do you grab the attention of a persistent infringer like this? Five warnings and a suspension apparently. But clearly, not even that is a guarantee of success. Perhaps this is why most ‘strike’ schemes tend to give up on people who can’t be rehabilitated.