Re: [LAU] ASCAP Assails Free-Culture, Digital-Rights Groups

From: Mark Knecht <markknecht@email-addr-hidden>
Date: Fri Jul 16 2010 - 22:38:40 EEST

On Fri, Jul 16, 2010 at 12:20 PM, david <gnome@email-addr-hidden> wrote:
> Rob wrote:
<SNIP>
>> The other guys are doing the same, but to them, cutting off families'
>> Internet access based on an unproven accusation and making copyright
>> infringement a criminal act (or the facilitation of possible copyright
>> infringement, even if no actual copyright infringement takes place) are
>> examples of things they think *are* reasonable compromises.
>
> Hmmm, it seems to me that if ISPs can prove copyright infringement, they're
> monitoring their traffic contents, so they're no longer just common
> carriers. Which means WE should be able to sue them for letting spam arrive
> in our mail boxes! ;-)
>
> --
> David

All the ISPs are doing is watching bandwidth. They're not watching
content. They just 'logically assume' that there aren't too many
sources of data that provide 4GB of data unless it's a movie, and if
it's a movie it's copyrighted, and if it's copyrighted then it
shouldn't be 'copied'. This isn't Big Brother. It's just logic.

They don't need to _prove_ copyright infringement because if they
don't cut someone off after determining that there is a high
likelihood that the customer is transmitting copyrighted data then
they potentially become liable along with the customer. And since the
original agreement signed by the customer states they won't use the
connection to transmit copyrighted data in any manner contrary to the
local laws more power to them for doing it.

As far as I've heard, at least in the U.S. they don't cut anyone off
for copying one 4GB item even if it is a movie but they can watch for
aggregate bandwidth. When it starts to be 200GB/month - the point
where Comcast has told me they will cancel my account and cut me off
completely & forever - then they are probably right if the bandwidth
is coming from an 'unlikely' IP. They know where NetFlix and Hulu are
streaming from, and those are legal because they are licensed. They
can guess when it's coming from a file sharing website or using
BitTorrent that it _probably_ isn't. A few GB from those sites
probably won't result in a court appearance. 10 Terrabyte likely will.

Cheers,
Mark
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Received on Sat Jul 17 00:15:04 2010

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