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Convicted by the Movie Cops 454

Reckless Visionary writes "Salon has a great article about what it's like to get on the MPAA's bad side. It's a first hand account of what happens when you are accused of violating the DMCA and commentary on the "guilty until proven innocent" nature of today's copyright laws." Pirate movies. Lose access. You are guilty. And this guy was on vacation when it happened, so there's no need for accountability. Hope you don't depend on your net access.
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Convicted by the Movie Cops

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  • by Randy Rathbun ( 18851 ) <slashdot.20.randyrathbun@spamgourmet.com> on Thursday August 23, 2001 @12:47PM (#2208726) Homepage
    I think this pretty well sums it up [adbusters.org].

  • Re:Honestly (Score:2, Insightful)

    by ColdCuts ( 193807 ) on Thursday August 23, 2001 @12:50PM (#2208746)
    Makes sense. You can always go with that *other* cable internet access provider,

    right?

  • J'accuse! (Score:3, Insightful)

    by havachu ( 108698 ) on Thursday August 23, 2001 @12:53PM (#2208774)
    From the article:

    If we are accused again of distributing copyrighted material, we lose our accounts for two weeks instead of one, and face banishment from our ISP.

    McCarthyism is alive and well in America. A little finger pointing is all it takes, and you are discredited forever.
  • by JoeGrind ( 324053 ) on Thursday August 23, 2001 @12:56PM (#2208794)
    Give you a break? The point that you don't seem to think is a big deal has nothing to do with the punishment. The point is that if you are paying money for a service you expect that service. They expect the money and you expect the bandwidth. If an organization which apparently can't even accurately determine the source IP of the traffic they are monitoring just needs to point a finger to get your access shutdown then that seems to be a violation of the contract you have with the ISP.

    Not having the ability to surf for pr0n is one thing. However, lots of people use their connections for business uses. It supports their livelihood. When you consider that, it sounds a little more important.

    The last point is that the idea of being innocent until being proven guilty by a jury of your peers is one of the tenents of the US, where this action occured. A lot of people jumped on boats and sailed across the see to avoid this sort of behavior. Without that, this sounds could be the Salem Witch Hunt, the Red Scare, or the Inquisition.

    Right now it's just being able to check your email. But as we depend on bandwidth more and more in the future it becomes more important. Consider that.
  • by eyeball ( 17206 ) on Thursday August 23, 2001 @12:59PM (#2208814) Journal
    Has anyone thought of filing a complaint with the MPAA's ISP, and telling them you have found evidence that there are copyrighted materials being pirated from their IP address? Create a dinky little mp3 song, then send a screenshoot of a text-based gnutella session saying it's being offered on x.x.x.x. Hell, why even stop at MPAA.. How would WB feel if they were down for a week? Or Disney? Or your congressman's web site?
  • by Neil Watson ( 60859 ) on Thursday August 23, 2001 @01:04PM (#2208855) Homepage
    Yes they targeted the wrong user but:

    The MPAA and the ISP did not admit any wrong doing or mistake on their part. The made the guy sign a document stating he would not traffic copywrited materials. As far as they are concerned he did it.

    Suppose your cable tv was disconnected because the cable company was told that you were making illegal copies of movies and selling them? What would you do? You are accused of being a pirate and the only way you can get your cable service back is to promise not to do it again. But, you never did it in the first place.

    Is that just an invoncenience? How would you feel?

  • by KMitchell ( 223623 ) on Thursday August 23, 2001 @01:05PM (#2208862)
    Today this may be an inconvenience, but give it a couple of years. Would you consider it an inconvenience if your phone was turned off for suspected wrongdoings? How about your electricity or water? Hmmm... We think you're growing something you shouldn't be in there... better shut off the water until we're sure that you're not...


    While Internet access will never be as "critical" a service as heat or water, some of us would suffer very real economic damages if our net access was interrupted, and this is only going to get more and more common.

  • by thryllkill ( 52874 ) on Thursday August 23, 2001 @01:12PM (#2208915) Homepage Journal
    Unfair termination of service" or "Violation of service agreement" as well as "Slanderous attacks"

    I have no legal experience but I am pretty sure most ISP service agreements include clauses like, "...can terminate service at anytime, with or without notifying the user, for any reason deemed appropriate." or some such garbage. Take a look at your ISP's agreement, just what did you agree to???
  • Re:Honestly (Score:2, Insightful)

    by BlueTurnip ( 314915 ) on Thursday August 23, 2001 @01:13PM (#2208921)
    Don't blame the ISP, it's the DMCA that's broken.


    What's really broken is the fact that most broadband providers have a virtual monopoly. Back in the days of 56K modems, ISPs were a dime a dozen, and if you were dropped by one, it was no big deal to sign up with another. This situation has changed drastically now that people are dependent on broadband access. DSL is not available everywhere which means many people are dependent on cable modems for broadband, and in most cities there is only one choice of provider.


    I'm not saying cable companies should be forced to allow competitors to use their lines, but we should be careful that when fiber optics are installed, that whichever company is given the government granted monopoly to dig trenches on public land to lay cables, that this company must, in return, allow other ISPs to hook up to the other end, giving consumers choice. Then if you are dropped by one, it's no big deal to sign up with another.

  • by Anonymous Coward on Thursday August 23, 2001 @01:24PM (#2208993)
    Constitutional protections don't exist.

    Fair use, freedom of speech and expression....gone.

    You are guilty. Period. An accusation is all it takes.

    The government works against the people. Congress and the President are lackeys for corporate America.

    You pay. And pay. And pay. If you want a CD. you pay. If you want a cassette of the same CD you pay again. An MP3 for your Rio? Take out your wallet!

    The rich get MUCH richer while the rest of us....?

    Privacy doesn't exist. Mail is randomly opened and read. ALL email is scanned and read. Phone calls are randomly listened to. TV viewing is monitored. Radio listening too. 'Net access is monitored down to the keystroke.

    Think this can't happen? Think again. Much of it already does happen.

    The rest?

    Give them 10 years.....
  • by Journey ( 5880 ) on Thursday August 23, 2001 @03:13PM (#2209717) Homepage
    I should start by saying that IANAL, however, as Duke University's DMCA agent, I've looked into the law very carefully. The fact of the matter is that you can't sue the ISP. Okay, you can sue the ISP but you won't win.

    The DMCA has an explicit provision (section 512(g)(1) stating that if an ISP, in good faith, takes down or blocks access to material for which a notice of infringement was received, the ISP can not be held liable for the action. There are some caveats, but I think you would be hard pressed to prove that they had violated these very liberal caveats.

    The interesting piece is that ISPs are responding to claims of infringement by taking advantage of the 512(c) safe harbor. A better safe harbor, for the ISP, would be to invoke section 512(a) which limits an ISP's liability for conduit activities, i.e. when the material is not on a computer they do now own (e.g. a gnutella client on your home machine). Presumably if an ISP invoked 512(a), the MPAA/RIAA/SBA would have to go after the user individually. Whether this is a better or worse solution for the end user is a matter for debate :)

UNIX was not designed to stop you from doing stupid things, because that would also stop you from doing clever things. -- Doug Gwyn

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