UK High Court Orders ISPs to Identify File-sharers 222
securitas writes "The BBC reports that the British High Court has ordered Internet service providers (ISPs) to divulge the identities of 28 customers accused of music file-sharing to the British Phonographic Industry (BPI), the UK equivalent of the RIAA. The court order issued by Mr Justice Blackburne is a big victory for the BPI and its umbrella oranization, International Federation of the Phonographic Industry (IFPI), especially after recent setbacks in Canada (CRIA) and the USA. Blackburne is quoted as saying, 'On the face of it this appears to be a powerful case of copyright infringement.' The ISPs have 14 days to comply with the court order. More coverage at the Guardian/Reuters and the Register."
Different here? (Score:4, Insightful)
CB$#@*(
Re:Different here? (Score:2, Insightful)
I much prefer the british way - the ISP will only divulge details when the court order is granted. Judges are there to make damn sure there's enough evidence for this to happen.
Re:Different here? (Score:5, Informative)
Having a court give sanction to the violation of privacy involved like this when it actually is challenged just makes ISPs far more likely everywhere else to keep handing over records whenever anyone asks for them.
Re:Different here? (Score:4, Insightful)
Authorities, sure. An industry association of record labels? I would hope they wouldn't.
Re:Different here? (Score:2, Interesting)
Re:Different here? (Score:2)
Re:Different here? (Score:2)
Certainly my ISP http://www.mythic-beasts.com/ won't do anything until we receive instructions from a relevant legal authority. It's less work that way.
Re:Different here? (Score:2, Interesting)
Has the BPI got to go to seek the courts' approval each time they want the name and address, or have they somehow automatically gained the right to see confidential records of ISPs just by saying they suspect someone of sharing illegal files ?
I hope it's the former, but I fear it's the latter.
Re:Different here? (Score:2)
Re:Different here? (Score:3, Insightful)
That couldn't actually happen in the UK - such action would be completely illegal and would involve heavy fines for the ISP involved.
Re:Different here? (Score:2)
Re:Different here? (Score:2, Informative)
Re:Different here? (Score:2, Informative)
I think the US judges are, for the most part, loathe to give the okay to what ends up being a fishing expedition. What a fine line this is.
The RIAA is tenancious and they are not going to give up until they can get to the people that they believe are stealing (their words) copyrighted material. They seem to be on a three-pronged campaign of going through the courts, the legis
Re:Different here? (Score:2, Insightful)
The ISP's are not being asked to police their users, they are being ordered to release information about subpoenaed users to the proper authorities. This is information ISP's usually maintain anyways.
As much as I hate the RIAA and other major media conglomerates, I find no fault in a company trying to enforce the standing laws.
If you think a 65mph speed limit law is unjust, are you going to complain to the ticketing officer or try to get the law changed?
Re:Different here? (Score:2)
Nope...that's what Radar Detectors are for...
Just go as fast as I please...and listen for the >beep
Re:Different here? (Score:3, Informative)
Re:Different here? (Score:3, Interesting)
If that's the case you can use one of those old active jammers. I think I still have one around somewhere. You may be able to get a great deal on a used one.
There's nothing like the rush of shooting past a cop at 90 mph without getting chased. Not that I would recommend doing so intentionally. The more common scenario is jamming on your brakes when you see them and not getting a ticket even though you were doing 90 when he shot you (and you had obviously jammed
Re:Different here? (Score:2)
Or live in a country where police officers are allowed to use discretion. A British motorway has an upper speed limit of 70mph but nearly no one will be done for doing 80mph or less unless the weather conditions mean it's unsuitable. You can go higher but the higher you go the more likely you are to be done. I tend to drive at 85mph on the motorways (in the right conditions) an
British Pornographic Industry (Score:4, Funny)
Re: (Score:2)
Re:British Pornographic Industry (Score:2)
Comment removed (Score:5, Funny)
Re:British Pornographic Industry (Score:3, Insightful)
Hopefully (Score:2, Funny)
Re:Hopefully (Score:3, Funny)
How do I know Kim Jung Il and his cronies are the ones doing the file sharing? well, ask yourself: who else has internet access in NK?
Re:Hopefully (Score:2, Funny)
Damn! (Score:4, Funny)
Re:Damn! (Score:2)
Go Canada! (Score:3, Funny)
Here they come... (Score:3, Funny)
Re:Here they come... (Score:2)
Good. (Score:4, Insightful)
Bad (Score:2)
The internet industry totally depends on filesharing. It's time to acknowledge that, not fight it.
Not so bad (Score:2)
You prove it, and I'll acknowledge it. Very few people I know spend much, if any, time ripping illegal content. Most of us surf the web, read our e-mail, sometimes use Usenet, IRC or IM apps, or play on-line games, none of which relies on the type of filesharing you're describing.
Incidentally, if you think about it, a lot more than 80% of the content transferred over the Internet is probably covered by so
Re:Bad (Score:2)
Everything is implicitly "copyrighted" by the author unless explicity put into the Public Domain.
In other news, I have made "copyrighted" stuff available for download on the Internet. It's stuff that I personally authored. Yes, that's right children, I made it myself! You too can make your own stuff but you'll have to stop spending all your life mindlessly absorbing junk culture from the mass-media (TeeVee and BBC Radio 1
The wonder of stats (Score:2)
5m are of course a hacker army from North Korea, with 12m in the Chinese Hacker army and 4 from France.
Re:Good. (Score:2)
When you create something worth having, you'd be the first to jump on those who give it away.
Reading your post, it seems unlikely that you're the type to ever create anything worth having.
Downloading music is generally illegal - I've no problem with downloading music, software, or anything else, which the author has put up for free download.
Taking something "because I can" is no better than taking my car stereo "because you can". Okay, there's a difference in that if you take my car stereo t
Re:Good. (Score:2)
As opposed to the greedy people who want more music for free, who clearly have the moral high ground.
/dev/null (Score:3, Interesting)
Re:/dev/null (Score:4, Insightful)
That would make it rather difficult to nail crackers & spammers on their network. What would happen in the case of a billing dispute?
Re:/dev/null (Score:5, Informative)
Re:/dev/null (Score:3, Interesting)
This is already several Gigs worth of data.
We'd need a SAN to keep all of the traffic logs. We have modem customers that flow upto 10 Mb/s... I couldn't imagine trying to log it all.
Ok Say we spend $$$$$$ to keep all the logs... then to have to filter through it to find specific data... nightmare. Our lea
Re:/dev/null (Score:2)
Re:/dev/null (Score:3, Interesting)
Re:/dev/null (Score:3, Informative)
ISPs here assured me file sharing is fine! (Score:5, Interesting)
He said it's perfectly fine with the compnay policies, and even suggested a few P2P clients that he liked!
Re:ISPs here assured me file sharing is fine! (Score:3, Funny)
Laugh, 'tis a joke.
s/less/til/ (Score:2)
Why KEEP records? (Score:5, Interesting)
One of my clients was once interested in installing detailed internet monitoring and logging (so as to see who is wasting time on the web). They lost interest rapidly when I pointed out that they could be compelled to provide it in court should someone sue.
SurfControl and the other Big Brother ware makers never include that in the copy.
Here's what I'd do: You need to keep certain logs so you can know if there is an intrusion, DoS, etc, but program your logs to automatically erase every week. That means that there will never be more than THE CURRENT WEEK's worth of data that could be subpoened.
Of course, I'm sure if ISP's start doing THAT the RIAA will just get Congress to pass laws that make us all retain ALL logs for all time...
Re:Why KEEP records? (Score:5, Informative)
They required to keep that electronic? (Score:2)
Re:Why KEEP records? (Score:3, Insightful)
For example, things like child porn.
Or like scumbags or perverts in chat rooms.
I think a good answer is to have the law such that you need a court order to get the logs.
That would mean that the BPI can still get the logs to sue people but only after they have gone to court to prove that was in fact sharing illegal files.
Re:Why KEEP records? (Score:2)
Not saying that parents shouldnt be responsible for what their kids do online but that doesnt mean that we should do nothing to go after scumbags and perverts and etc, wherever they may hide.
Re:Why KEEP records? (Score:2)
They can't hold evidence you don't have against you (unless they can hold not having evidence against you, but that's a different problem).
Re:Why KEEP records? (Score:2)
Doing so would require massive resources (archiving,backup,storage etc) especially if you're a big ISP, right? And resources cost money, right?
Wouldn't it be fair that they pick up the tab too? Or should I squander MY money so they can continue THEIR business?
Re:Why KEEP records? (Score:2)
I'm glad to see the music industry taking this path, this is the right approach. Show the courts the evidence, get an order and then pursuse the actual people commiting the crime not the manufacturers and distributors of multi-purpose tools.
Music piracy in the uk is an offence, the way to change that if you don't like it is to convince governmen
Pay those starving artists to front the campaigns! (Score:5, Insightful)
Yet they chose Brittany Spears to be the front-person for the anti-pirating campaign. How about paying some of those starving artists to play frontman instead?
Re:Pay those starving artists to front the campaig (Score:2)
Re:Pay those starving artists to front the campaig (Score:3, Insightful)
Nope, I don't think they will find many either.
-Rusty
Re:Pay those starving artists to front the campaig (Score:2, Troll)
Its time to just open up your wireless router (Score:5, Interesting)
Re:Its time to just open up your wireless router (Score:3, Interesting)
What if it isn't open and someone hacks you can you be held liable? We have too many people out there that have open WAPs are we going to expect all those people to become knowledgable about WLANs and close it up?
I mean there are 4 open WAPs in the immediate vicinity around my house (and when I say open, I mean default p
Re:Its time to just open up your wireless router (Score:3, Informative)
The creepy part.... (Score:2)
Kjella
Re:The creepy part.... (Score:2)
Re:Its time to just open up your wireless router (Score:2, Interesting)
how nieve do you get. (Score:2)
thats liek saying well if pots legals lets all smoke pot then they will never catch us. No they will just pick a select few give them the maximum sentence until everybody get a clue. you should be responcible for your own network. so if you open your WAN then your responcible for its content. Suppose instead of mp3's these turned out to be pedofile material. I guess it would be ok then. laws are in place to protect society, not just yoru society but everyone.
This isn't scary. (Score:4, Interesting)
Well, you don't. You just suspect everyone whose traffic stats look abnormal. Sure, the hell will freeze before ISPs are going to provide this data for free. So what happens? A new law...
Re:This isn't scary. (Score:2)
not a problem until the "secure" P2P networks are as fast and easy to use as Kazaa, and don't come with any unwanted baggage of their own, such as routing child pornography through your system.
"plausible denial" is the defense your lawyer trots out when he has nothing else to go with.
Re:This isn't scary. (Score:3, Interesting)
Open Office = (roughly) 50 Mb.
Red Hat, Gentoo, BSD, etc. = 2 or 3 CDs worth each.
20 perfectly legal to download DivX format shorts from Atom Films = 200 Mb.
So the RIAA looks at #1, and assumes I've just pirated the new Metallica CD.
The MPAA looks at #2 and assumes I just pirated Shrek 2 or Teminator 3.
And I'm sure the Software anti-piracy association can find something that is the right size to fit #3.
So if I stay away from big files...
Deadlines (Score:3, Interesting)
Apparently the courts in Europe know how to set deadlines, unlike the US Courts [slashdot.org].
sad (Score:4, Interesting)
Re:sad (Score:3, Insightful)
Are you talking about the same Canada that charges a tax (oops, levy) on all blank media (including data CD-Rs) that is paid out to the record industry?
Re:sad (Score:2)
Re:sad (Score:2)
I think people who buy CD-Rs for non-copyright infringement-related purposes would disagree. It's not fair to make someone who just wants to backup his business files have to subsidize other people's music listening.
For a momen there ... (Score:3, Funny)
"...the British Pornographic Industry (BPI), the UK equivalent of the RIAA."
Dyslexia can be funny.
Depressing (Score:4, Interesting)
I'm still of the opinion that criminalising your audience is a very dangerous game for the record labels to be getting involved in. And also extremely sad and backwards. I think Steve Job's comment that he treats downloading tracks as his biggest competitor to iTunes Music Store.
In any case, it will further push the record labels one step further away from any claim to believe in the importance of music for music's sake and hopefully open up the eyes of fans to the sheer amount of manipulation these guys now have in terms of creating pre-planned acts, factory stamped songs and shallow, empty and talentless indivduals who want fame more than anything else.
It will be extremely interesting to see how the music press in the UK react - most of them are in the pay of the music business anyway except a few genuine exceptions, Void Magazine for one...
Also I really hope that this will provide more impetus to people experimenting with the copyleft music scene...
Why does nobody seem to understand this? (Score:2)
They're not "criminalising the audience", they're identifying the major uploaders. These are the people we've been saying to go after all the time! These people are criminals, knowingly breaking the law and aiding others in doing the same!
Why is it that when the music industry does the right thing -- it's going after the people who are ripping illegally, not the ISPs, and
Re:Depressing (Score:3, Insightful)
Absolutely, especially when you live in countries where people elect the representatives who define what is criminal. It's much too early to predict how this will all shake out in the end but it's probably safe to say that the percentage of people who want to share files today is roughly in the same neighborhood of those who wanted to drink during prohibition.
The *AAs and their government cronies, instead of trying to find ways to meet these wants while still p
Anyone Know the IPs ? (Score:4, Interesting)
Not that I'm worried or anything.
How to Outwit the BPI (Score:3, Insightful)
Why doesn't everyone put up files named Madonna_Like_a_Virgin.mp3 or Britney_Spears_Takes_it_Reel_Good.mp3 filled with random data? A few hundred thousand of those on the peers should give the BPI a headache.
You could plead you innocence quite legitimately.
They would then have to copyright file names....
Re:How to Outwit the BPI (Score:2)
Why doesn't everyone put up files named Madonna_Like_a_Virgin.mp3 or Britney_Spears_Takes_it_Reel_Good.mp3 filled with random data? A few hundred thousand of those on the peers should give the BPI a headache.
Maybe because everyone is smart enough to realise that if you destroy the filesharing networks by flooding them with mislabelled garbage, but avoid prosecution by so doing, you haven't actually achieved anything except wasting a lot of bandwidth?
Re:How to Outwit the BPI (Score:2)
The people who download the sort of dross that the record cartels peddle are usually 12 years old and younger and have no m
Re:How to Outwit the BPI (Score:2)
SSSSSSSSHHHHHHHHHHHHHHHh. Don't you know they're listening?!
USA situation is better, thankfully. (Score:4, Informative)
"The recording industry may not agree, but the U.S. Supreme Court thinks personal privacy is far more important that music piracy," Red Herring reported. "On Tuesday, the high court refused to entertain an appeal of a unanimous 2003 decision by the District of Columbia Court of Appeals that held that copyright holders cannot force Internet providers to identify file sharers using a mere subpoena.
Industry watchers see this as yet another blow that the recording industry has taken in its fight against online file sharing -- a fight it is slowly losing. The lawsuits in question were between New York's Verizon Internet Services and the Recording Industry Association of America (RIAA), headquartered in Washington, D.C."
From instapundit.com 5 minutes ago, of course. :)
Re:USA situation is better, thankfully. (Score:2)
The Court accepts about one hundred cases a year. Denial of Cert is the norm and the justices almost never expose their reasoning or any internal debate. Other matters, such as the execution of juveniles, may have been considered a tad more urgent or at least ripe for a decision.
In the US (Score:2, Insightful)
It's all in a name, apparently (Score:3, Funny)
So, if he is a judge, then justice is being sought by Justice Justice?
Re:It's all in a name, apparently (Score:4, Informative)
copyright abuse example email (Score:2, Interesting)
Re:copyright abuse example email (Score:2, Insightful)
Re:copyright abuse example email (Score:2)
I had a couple once; they referred to a file that I'd never downloaded, which begs the question what kind of proof is actually produced. This was the first hint that I had that MD5 hashes weren't entirely unique.
Have you noticed... (Score:2, Funny)
Time for *only* anonymous P2P (Score:2)
At least until they make it a crime to use a P2P network for ANY reason. " assumed guilt".
Well shit (Score:2)
At least won't get sued for $10.000.000 or more (Score:2)
Definitly not $140.000 (or what was it) per song as in the US.
I actually agree with releasing their IDs. They knew it was illegal, and law enforcement can't work if people cannot be identified.
Would agree with the DMV not releasing IDs in order to identify hit-and-"runners" when the license plate is known?
I do not agree, however, to the same practise in the US, as the threats and trials by the RIAA t
How to beat all this crap: (Score:3, Interesting)
I've done this several times. I go over a friends house, with two other interested people. We all have Macintosh computers. We all have Firewire Drives. At around 1 in the afternoon we start drinkin' ourselves stupid and plugging our drives into each other's laptops or desktop (depending). Then we go through the drive, copying files over to our own drive as we see fit.
Net result?
I have 85 gigs of music on my 120 gig drive.
Now, it's much more "site specific" - I'm not "open to the public" but I know my friends have remarkable taste in music and we get to recommend music to each other.
If I like something, I go to the record store AND I BUY THE CD. (sometimes I buy it used, sometimes new, depending on how I feel and the depth of my pocket and the obscurity of the music)
Why? It's not because I'm feeling guilty - I just know that the CD will likely outlast the hard drive, and it's just good sound back up policy.
Of course, to rip all my CDs over would take a few months of dedicated part time effort, but that's fine. It's still good to have the back up, JIC.
Re:Funny (Score:2)
Hey, I may have a couple of fillings but I wore braces as an early teenager and I've just had them whitened!
That's his title (Score:2, Informative)
Phil
Re:But... (Score:2)
Don't expect the UK to do it. The government there is even more thoroughly dominated by business than it is in the US, and the Blair government has been as utterly indifferent to civil liberties as the Tories.
You're seeing this land-grab everywhere because of the economic rewards that are salivated over by the Big Content firms. And the corporate tail wags the nation-state dog in many places besides the US.