Music Industry Drafts Code of Conduct for ISPs 818
An anonymous reader writes "The Register is running a story about how the music industry is trying to get ISPs to sign 'code of conduct' agreements to cut people off for excessive bandwidth usage, to turn over details of users on demand, and to block certain 'illegal' websites." From the article: "According to the draft, the duo want ISPs and network operators to 'enforce terms of service that prohibit a subscriber from operating a server, or from consuming excessive amounts of bandwidth where such consumption is a good indicator of infringing activities.'"
The article in full (Score:3, Informative)
Here's a sampler. Under the new code, ISPs would put in place filtering technology to block services and/or sites that "are substantially dedicated to illegal file sharing or download services". They would retain data beyond what law enforcement agencies require, with the aim of helping track down copyright infringement. They'd hand that data, plus your identity, over to the IFPI or MPA if there was even a complaint - not a court order - against you for, you guessed it, copyright infringement. (And you'd have signed or clicked something agreeing to allow that.)
Want more? According to the draft, the duo want ISPs and network operators to "enforce terms of service that prohibit a subscriber from operating a server, or from consuming excessive amounts of bandwidth where such consumption is a good indicator of infringing activities." A summary of the draft can be found at the Electronic Digital Rights site's latest EDRIgram.
We wondered if it might be some clever hoax, and called the IFPI. "Oh yes, the draft" they said breezily and knowledgeably. The draft is for real.
And to back up their modest proposal, the MPA and IFPI aren't afraid to wave their big stick at the ISPs and network operators. Speaking last month at the invitation of the European Telecommunications Network Operators' Association (ETNO) , the head of the IFPI, John Kennedy, said: "Quality digital content is a key driver that makes consumers embrace new services. You invest billions in your pipes and cables and satellites but without content you have empty pipes and boxes. At this stage I am not even asking for much if anything by way of a financial commitment. I am asking for your time your energy your commitment and some social responsibility."
Tony Soprano couldn't have put it better. "Nice content-carrying pipes you've got here. What a shame if anything were to happen to them... now, we've got this little agreement for you to look at..."
Expect an interesting discussion next Monday, when this issue, and the draft code of conduct, will be discussed at a meeting in Geneva of WIPO, the World Intellectual Property Organisation. Which as you know has a stellar record defending the little guys against claims of copyright infringement.
If all that has you fizzing, then you're in good company, along with the UK's Internet Services Providers Association (ISPA). There will be an ISPA representative at next week's meeting, and if they're anything like as annoyed as the spokesman we talked about this with, they're so close to nuclear they already glow in the dark.
"This is obviously something they [IFPI and MPA] have worked on together," ISPA's spokesman almost spat. "They have made proposals like this in the past but that doesn't necessarily mean they have gone anywhere. They should really be going through the established takedown procedure. Some of these proposals contravene current laws and go beyond others. If you take the example of requiring subscribers to allow their identities to be given out - that's something that ISPs take very seriously, and only when required to by law enforcement. And they aren't a law enforcement authority."
But sometimes it seems like the MPA and IFPI feel this latter point is only a minor detail, which could be fixed in time.
France's ISPs seemed to have rolled over already. A version of this code was signed last July by three French ministers, representatives of the music industry, major ISPs and telecoms operators there. It allows collection societies and the like to create files from telecoms traffic data of supposed copyright infringers to "mutual
Re:What about (Score:1, Informative)
Re:I don't think so (Score:3, Informative)
Since when does high bandwidth == RIAA piracy?? (Score:3, Informative)
I don't know about anyone else, but I am always downloading lots of stuff that are FREE and LEGAL! Whether that constitutes Linux ISO images, Solaris patches, or whatever, there are a ton of things out there that are completely legal and take up gobs of bandwidth! Streaming media (radio or TV stations), game patches, game mods, on-line gaming, and so forth are completely legal and will consume bandwidth! If you leave a high-bitrate, streaming media download running all month, you bet that's going to look like a lot of bandwidth, but that does not infer illegal activities!
Even if many downloads are not legal (*cough*newsgroups*cough*), what makes them assume that the downloads are of MUSIC? A massive download of the latest National Geographic bazillion-CD set will completely spike monthly bandwidth; but it has absolutely nothing to do with music, regardless of it being an illegal download!
Who the f*ck are the RIAA to assume that (excessive_bandwith == piracy || excessive == MUSIC_piracy)?
The arrogance of even drafting such a "code of conduct" is beyond comprehension!
Re:Sounds like a good deal (Score:5, Informative)
I would be out of luck, given the code that the music industry wants. I run four minor-use websites, and serve about a dozen services (mostly to myself), including a streaming music station so that I can listen to my music when I'm at work. Given this "code", I'd be gone in a heartbeat.
Any ISP that agrees to such a code can forget my business in a heartbeat.
Re:My dad's ISP is already trying to kill P2P (Score:3, Informative)
It won't kill most apps like BitTorrent (i'm sure) or Kazaa (i think). As for Sharing stuff, use no-ip.com for that and a webcam. For a game server, that I don't know about as I know nothing about setting them up. Though, with Cox Cable modems, my IP hasn't changed in 3 months.
That means no education (Score:2, Informative)
Re:I want the music/movie industry (Score:2, Informative)
Will Speakeasy sign? (Score:3, Informative)
To this day I haven't heard a peep out of them, and I've been doing it for like 2 years now. So long as they get their money, they seem to be happy to let me use as much bandwidth as I like. Likewise I heard nothing from them when I hosed a drive and downloaded 50GB of backups from work over the course of a couple days.
So I can't see them signing something like this, as it would go against their whole spiel. I'm sure they also know they'd lose a lot of customers. The whole reason I chose Speakeasy is I was told that they wouldn't whine about bandwidth usage due to servers.
Re:What about (Score:3, Informative)
But true, recording contracts aren't 'for life'.
sounds like marijuana legislation (Score:1, Informative)
Re:I don't think so (Score:3, Informative)
Re:Better Option (Score:5, Informative)
I told them that i was evaluating opensource programs and operating systems and this had nothign to do with anythign ilegal. Further i was paying extra money for a public static ip adress so i could run a server and they new about that. Then after explaining that the average was what it is because people like me use more bandwidth and if i quit it would lower the average i was still met with an attitude.
I then refered to the advertisement that was running on the television at the time wich was very simular to the same one when i purchased my broad band package. I added the advertised speed up and multiplied it to the number of days in a billing cycle. I then suggested that this is the amount of bandwidth i am entitled to and what i was actualy using was just a fraction of that. Of course i had to explain were i came up with that number but after wards i asked them to place my actual badwidth allowed in writing so i could refer it to my legal department(meaning lawer).
They never sent me anythign, i havn't changed anything except maybe the release cycles of the programs i am using and i havn't been bothered since. You might want to think about an approach simular to this. I don't know if it would help shut them up or not. I don't know if all the fuss i was doing just made them look at the trafic i generated and determin it was all legal wich stoped the letters. All i do know is that someone took notice and excluded me from the harrasment list.
Re:I work for an ISP (Score:2, Informative)
It is trivial to get the information you need to see if it is a lawyer subpoena or a Judicial subpoena. Judicial ones you should never ignore, and they should be your #1 priority. The lawyer subpoena (can't remember the proper term) are just requests for information by the opposing party's council trying to save time. These are hard to verify that they even come from a lawyer. The State Bar Association (all lawyers must be members) do not even keep copies of signatures on file.
Checked with my father (a lawyer) and confirmed that there is no way to prove they signed it, and that most probably have a secratery or legal assistant sign the documents just before sending them.
A. Zander
Re:How about Code of Conduct for Music Industry? (Score:3, Informative)
I often wonder why Rhapsody seems to be effectively invisible in the great online music debate; it seems to solve so many problems so well.
Re:A comcast rep once called me (Score:3, Informative)
If you're a sports freak, DirecTV has the better packages. If you want international programming, Dish has the edge. I prefer neither and have had both. I like DirecTV, but mainly because the Actisys IR 2000 (and infrared dongle that I use it to control the remote for MythTV) only works with DirecTV.
And, of course, Speakeasy is great. It's more than just an open servers policy. They absolutely don't have any bandwidth cap (hidden or otherwise). They always answer their phones and the tech people, who are NOT in India, actually know what they're doing. I have multiple static IPs. I just signed up for their VoIP system (haven't received the hardware yet), and if I'm happy with that, I'll switch to OneLink and say goodbye to Verizon forever. Oh, and they say the preferred browser for accessing their VoIP control center is Firefox.
I don't tell everyone I know to use Speakeasy because it's really not for everyone. It's not necessarily the cheapest, and if you just want an always-on broadband to browse the web, it's probably a lot more than you need. But if your a geek and you know what you're doing, I don't know any other ISP that is better.
Shameless referral plug:
http://www.speakeasy.net/refer/164714
Lots of bandwidth usage IS NOT a sign. (Score:1, Informative)
Re:Sounds like a good deal (Score:3, Informative)