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Piracy The Internet Entertainment

Cloudflare: We Can't Shut Down Pirate Sites (torrentfreak.com) 140

CloudFlare has said it cannot shut down piracy websites. The CloudFlare's response comes two months after adult entertainment outfit ALS Scan filed a complaint at a California federal court two months ago in which the company accused the CDN service of various counts of copyright and trademark infringement. From a TorrentFreak report:"CloudFlare is not the operator of the allegedly infringing sites but is merely one of the many intermediaries across the internet that provide automated CDN services, which result in the websites in question loading a bit faster than they would if they did not utilize CDN services." If Cloudflare terminated the accounts of allegedly infringing websites, the sites themselves would still continue to exist. It would just require a simple DNS reconfiguration to continue their operation. "Indeed, there are no measures of any kind that CloudFlare could take to prevent this alleged infringement, because the termination of CloudFlare's CDN services would have no impact on the existence and ability of these allegedly infringing websites to continue to operate," Cloudflare writes. As such, the company argues that it's not "materially contributing" to any of the alleged copyright infringements.
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Cloudflare: We Can't Shut Down Pirate Sites

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  • I think CloudFlare's comments are accurate, but I'm no expert.

    • by mi ( 197448 ) <slashdot-2017q4@virtual-estates.net> on Wednesday September 28, 2016 @04:06PM (#52979629) Homepage Journal

      I think CloudFlare's comments are accurate, but I'm no expert.

      I'll play an expert. CloudFlare are lying. Though it is correct, that "a simple DNS reconfiguration" would allow the pirates to continue to exist, their bandwidth requirements will go much higher and they would not be able to do as much damage to the intellectual property owners.

      Think, for example, of banks blocking money-laundering — it does not stop whatever activity generates the criminals' profits. But it makes the criminals' lives (much) harder.

      The reaction and attitudes of Slashdot and other crowds will, once again, boil down to those towards the original activity. People frowning on copyright infringement will denounce CloudFlare. Others will celebrate the pirates getting off for a while longer.

      But technically CloudFlare's arguments are bullshit — and they know it.

      • by Anonymous Coward

        ALS Scan filed a complaint

        And thus we saw to the uterus of the argument as it would have been spread out with a speculum.. :)

      • by mysidia ( 191772 )

        I do not frown on the copyright infringement; However, I agree, that CloudFlare is perjuring themself if they say "They can't shut down the sites".

        While they cannot "keep the sites offline"; pulling their service will, at least for the short term block a venue for accessing those sites.

        because the termination of CloudFlare's CDN services would have no impact on the existence and ability of these allegedly infringing websites to continue to operate

        This is not true.
        Their web hosting providers could ma

        • by Anonymous Coward on Wednesday September 28, 2016 @04:46PM (#52979839)

          So you are suggesting that CDN services should shoulder the burden of investigating what their clients are using their services for?

          Do you think ISPs should need to do the same?

          • Re: (Score:2, Interesting)

            by Anonymous Coward

            Former 8 year ISP employee:

            Yes, after they've been informed of it. That's the entire point of the safe harbor laws. You don't have to be proactive; you *do* have to respond once you've been notified that there's a problem -- or facilitate the challenging of the notice -- otherwise you're aiding and abetting.

            In this case, CloudFlare is full of shit. "They're just a customer of ours!" is no excuse whatsoever. By accepting money in exchange for their HTTP proxying services, they're in a commercial transaction

          • by Anonymous Coward

            So you are suggesting that CDN services should shoulder the burden of investigating what their clients are using their services for?

            No, I really don't think he's saying that.

            I think he's saying that after someone points a loaded gun at a CDN's face, complaining about one of the CDN's customers, the CDN should either step aside or accept their imminent oblivion.

            Just like ISPs.

            Once someone has credibly threatened to use force against you, you ARE going to be shouldering some burden, period. (We're past word

        • by vux984 ( 928602 ) on Wednesday September 28, 2016 @05:24PM (#52980043)

          Where do you draw the line, if I'm *suspected* of running, oh i dunno... an illegal unpasteurized milk business from my home, should the telephone company be obligated to cancel my service? Should the power company be obligated to turn off the power? Should the snow clearing company be obligated not to clear my driveway?

          While they cannot "keep the sites offline"; pulling their service will, at least for the short term block a venue for accessing those sites.

          Yes, and the power company, telephone company, and snow plow all pulling their services will all make it more difficult for my 'customers' to access my illegal services. That doesn't make them contributors to it.

          If knowingly extending CDN services to any of these websites, CloudFlare can legitimately said to be aiding and abetting the distribution of their content by those websites.

          And if you tell my snowplow guy you suspect I'm delivering illegal milk (remember I haven't even been charged yet, nevermind convicted... you could be a busybody for all he knows), but he's now aiding and abetting the distribution of illegal milk by clearing my driveway? Really? That's how you think the world should be?

          I think CDNs should be treated as neutral in this. If a court asks them (via subpoena) for a the contact / billing information for the allegedly infringing site then they would have to turn it over. But I don't thin the CDN is aiding and abetting the illegal activity any more than the telco is for running the wires, or the power company is for providing the electricity.

          • Grow-ops have the power cut all the time. Why should an illegal raw milk distributor be any different?

            They can also cut your physical phone line, terminate your phone service (once they seize your bank account, everything else will be cut eventually anyway), and barricade your entrance so the snowplow guy can't plow, though he won't bother once your checks are returned.

            • by vux984 ( 928602 )

              Grow-ops have the power cut all the time.

              Are you absolutely sure? Can you find a cite for that?

              I know unusual power consumption is actively used to *identify* grow ups, but I don't think the power company is ever obligated to cut power. I mean... why bother? Once they know where they are they just go collect the plants.

              From what I can tell grow ops losing power is usually initiated by the utility itself because the grow up was actually stealing the electricity (ie not paying for it) and the only reason the courts get involved with that is because

              • Here you go [dailycommercialnews.com]

                Once police enter a grow-op, they order electricity to be cut to the building and register a Make Safe order against the property. The Electrical Safety Authority will only restore power when the building is made habitable according to a report from a qualified engineering firm or industrial hygienist.

                Even suspected grow-ps have their power cut [bclocalnews.com]

                A older home on No. 7 Road had its power off for three weeks after evidence of tampering was found on its old meter. But the tenant was never informed what the problem was, and instead was told BC Hydro suspected it was a grow-op.

                Meter tampering usually means there's a grow-op.

                • by vux984 ( 928602 )

                  Both links aren't really about shutting down power to curtail illegal activity, per se. Both struck me as more safety related -- in the first they mention illegally bypassed meters (theft of electricty) as well as the status of the buildings being unsafe for human habitation etc (due to mold, humidity, and dangerous wiring etc... ) The power was NOT cut because generic illegal activity had taken place ... it was cut because the wiring situation there was a hazard.

                  Likewise, the 2nd article, the main reason t

                  • And grow-ops illegally modify wiring, so, as you yourself conceded "demonstrated anything except that the power will be cut off if the wiring has been illegally tampered with and/or is a hazard. " And when you argue that "That's a long way from it being used to deny a criminal electricy (sic)" you're overlooking the obvious - meter tampering is illegal.in and of itself, as is theft of electricity.
                    • by vux984 ( 928602 )

                      And when you argue that "That's a long way from it being used to deny a criminal electricy (sic)" you're overlooking the obvious - meter tampering is illegal.in and of itself, as is theft of electricity.

                      I'm not overlooking the obvious. They cut off the electricity when the electricity use itself is either wired dangerously, or itself being stolen. There is a definite correlation between grow-ops stealing electricty, and of violating all building codes when runnign their lighting wiring.

                      But that is a long way from cutting off power that is wired safely to code, that is being paid for properly, simply because it is being used in support of a criminal enterprise.

          • by wbr1 ( 2538558 )
            Hate to play devils advocate here as I hate the current state of IP. However in your analogy, CloudFlare is not providing electricity or clearing snow. They are the company providing you with more cows and the equipment to milk them. They are, for better or worse, more materially related to your illegal business.

            Now, should unpasteurized milk (copied media) be legal or less restricted? Probably so.

            • by vux984 ( 928602 )

              They are, for better or worse, more materially related to your illegal business.

              And that's i guess where you are trying to 'draw the line' between peripherally or incidentally related and 'materially' related. But i don't think it's a very clear line -- perhaps snowclearing my driveway is on one side and fedex actually carrying packages for me is on the other?

              But without both, my milk isn't going anywhere; so who's to say that the snow clearing isn't material?

              As for the vendor selling me cows and milking isn't that like arguing the gun store is somehow responsible for what people do wi

          • by mysidia ( 191772 )

            should the telephone company be obligated to cancel my service?

            These are bad comparisons. CloudFlare's service provided to a website is not like the phone service.
            It's more like a delivery company (such as UPS) delivering their illegal parcels to customers, And they have been informed that the parcels they are being given to deliver are illegal.

            Should the power company be obligated to turn off the power? Should the snow clearing company be obligated not to clear my driveway?

            If a court directive or i

        • The takedown notice is a broke device that causes harm when used improperly.

          There are streaming service/online sales and rights management companies indie bands stay away from like tunecore... for sending take down notices to the bands official website or youtube channels.

          I do graphic arts for some indie label bands and have heard horror stories about take downs being sent to their hosting providers and youtube channels that have been shutdown at the launch of a new album or release of a video. These bands

          • by mysidia ( 191772 )

            The takedown notice is a broke device that causes harm when used improperly.

            I agree in principle, but I still support CloudFlare having to do the takedowns just as any other webhost would. The law is what the law is, but the law must not be enforced differently for CloudFlare than for any other hosting provider.

            Inconsistent application of the law, and failing to apply it to powerful people or companies would mean that unjust laws don't get fixed.

            To get the takedown notice law fixed properly; It is very

            • To get the takedown notice law fixed properly; It is very important that our courts and judges apply the law to every company that applies to.

              The problem is it's been over 15 years of complaints and nothing has happened because a judge will never have the opportunity. Companies are flooded with dmca complaints that they are unable to confirm and saying that they will go to court causes the legitimate ones to lawyer up and those that aren't to drop the complaint and quietly move on to the next target with the hope that they can extort a settlement.

              • by mysidia ( 191772 )

                nothing has happened because a judge will never have the opportunity.

                It's not about a 'judge having the opportunity'. Laws are changed by congress.
                It's congress that needs to be convinced, and powerful entities such as CloudFlare are the companies that can do it.

                The lawyers stopped listening to you and me, a long time ago........

      • I think CloudFlare's comments are accurate, but I'm no expert.

        I'll play an expert. CloudFlare are lying. Though it is correct, that "a simple DNS reconfiguration" would allow the pirates to continue to exist, their bandwidth requirements will go much higher and they would not be able to do as much damage to the intellectual property owners.

        Think, for example, of banks blocking money-laundering — it does not stop whatever activity generates the criminals' profits. But it makes the criminals' lives (much) harder.

        The reaction and attitudes of Slashdot and other crowds will, once again, boil down to those towards the original activity. People frowning on copyright infringement will denounce CloudFlare. Others will celebrate the pirates getting off for a while longer.

        But technically CloudFlare's arguments are bullshit — and they know it.

        Except ALS Scan wants to DDOS them off the internet which is *illegal* so they can go to hell.

      • The sites will exist without them and they're not taking them offline, they're just making them harder to find.

        The sites are still accessible via IP even without the DNS and it's not their job to police the internet. While we can make reasonable guesses in some cases, the fact that IP rightsholders have put out phony "leaked" content (and even DMCA'd themselves) remains, so NO ONE but the copyright holder has any idea who they've actually given permission to. And in some cases, even the copyright holder i

      • by BarbaraHudson ( 3785311 ) <barbara.jane.hudsonNO@SPAMicloud.com> on Wednesday September 28, 2016 @06:30PM (#52980377) Journal

        Of course they're lying. Quote

        he termination of CloudFlare's CDN services would have no impact on the existence and ability of these allegedly infringing websites to continue to operate

        If it would make now impact, why are they in business? Kind of hard to get people to buy a service that doesn't do anything.

        • Of course they're lying. Quote

          he termination of CloudFlare's CDN services would have no impact on the existence and ability of these allegedly infringing websites to continue to operate

          If it would make now impact, why are they in business? Kind of hard to get people to buy a service that doesn't do anything.

          There is a difference between impacting ability to operate and impacting ability to operate at a given service level.

          Cloudflare is absolutely correct. If they kick off sites that are being accused of copyright infringement, it doesn't make those sites go away. It's just more cost effective for the alleged criminal enterprise to use a CDN service, not necessarily cost prohibitive to not use one.

          Cloudflare is being asked to chop off revenue streams based on a flawed premise. If it actually would make a differ

          • How do you know what they'e netting on their operations? Oh, right, you don't. The cost difference between serving the files themselves and using CloudFlare might just be enough to put them out of business. Also, then it's easy to shut down the site because they're not hiding behind CloudFlare. So CloudFlare is definitely the difference between operating and getting caught and shut down, whether they'd still be profitable or not.
            • Also, then it's easy to shut down the site because they're not hiding behind CloudFlare.

              Until they hide behind something else.

              • Also, then it's easy to shut down the site because they're not hiding behind CloudFlare.

                Until they hide behind something else.

                Maybe others won't take them on as customers because they don't need the legal scrutiny?

                • There are plenty of services that just don't give a damn. They could also set up a .onion site or host on Freenet.
                  • Nobody is going to host anything significant on freenet. Freenet, in terms of distribution and content, is a joke. It would be easy enough for any agency that wanted to to poison all the caches by continually inserting and requesting a collection of random documents that is larger than the cache size of any node. The older documents would quickly be "forgotten", having been bumped out of the cache. On freenet, nothing is guaranteed to persist.
                    • I'll admit I'm fairly ignorant of how Freenet actually works so, thank you for the brief education. What, then, is stopping them from maintaining the data in a central location and pushing it to Freenet periodically? I would suppose that it doesn't matter quite as much if the data can be knocked off of Freenet if you can just puch it back into the caches. It's not like the web servers of a CloudFlare customer aren't already serving up the HTML for every single request already (they are; CloudFlare only cach
        • by AmiMoJo ( 196126 )

          CloudFlare makes pages load faster by distributing content from servers that are closer to the client. If the site is hosted in the US but the client is in Europe and the site has CloudFlare, some of the content will be served from a European Cloudflare server.

          They also provide additional services like DDOS protection, spam protection, Tor user blocking etc.

          If they withdrew services from allegedly infringing sites, those sites would load a bit slower for some users and might have to spend money on additiona

          • It's the same with the hosting providers that give rack space and network connectivity to these sites.

            Indeed. Once a wrong-doer using their services is identified, CloudFare — and all other enablers, including the ISP — can be expected to stop the enabling.

            Unless, of course, you don't think, the "alleged pirates" are doing anything wrong, do you?

            Even if they didn't, someone else would

            Yeah, there is no point in vegetarianism: if I don't eat this steak, somebody else would. And a great defense fo

            • CloudFlare can't deny they are distributing the copyrighted material - that's the "content" in Content Distribution Network. They certainly know the source, and who's paying the bills. I wonder how many other illegal sites are hiding behind CloudFlare that they're investing so much into an indefensible position.
      • by rtb61 ( 674572 )

        Of course according to your bullshit logic cloudflare is a fluffy bunny charity and provides it services at a loss. No, they charge for it and they charge more for the service they provide than what it costs them. People use cloud flare to avoid setting up their own 'secure' services, the ability to distribute without disruption, due to local conditions and very local conditions (inside the building). All they do is relocate bandwidth problems away from local services and distribute those loads securely ac

        • they charge for it and they charge more for the service they provide than what it costs them

          Funny, I've been using them for years and I've never paid them a cent. If $0.00 is more than it costs them, that cost would appear to be negative.

          No, the reality is that the bandwidth and minuscule amount of storage required by most sites is far a cheaper advertising cost than, say, AdWords; so, they give their core CDN service away literally for free and bank on charging for more enterprise-level features.

      • by JoelKatz ( 46478 )

        Say FedEx was knowingly carrying packages that carried illegal child pornography. And say they knew which customers were shipping them and could easily stop just those packages. They could raise this kind of argument: "We aren't materially contributing to the distribution of the child pornography because if we didn't ship them, they would just drive them themselves. So there's no point in us refusing to knowingly transport illegal child pornography. Don't even ask us."

        • More to the point and perhaps something you didn't consider: by simply stopping the packages they would actually be contributing more than by delivering them. They'd be alerting both the distributor and the recipient that they'd been discovered and giving them time to flee. Better is to silently alert the authorities, otherwise carrying on as if you didn't know anything, wait for the warrant, then turn over additional details without hesitation.

          If you actually want to see a criminal organization taken dow
      • The amount of effort they must put forth to do their part far exceeds the amount of effort the pirate sites must put forth to recover. It's a negative sum game and there is no reason for them to play it. They're absolutely correct about that.
  • Good (Score:2, Insightful)

    by Anonymous Coward

    I'm getting sick & tired of this new mindset that everything in the world is less important than US corporate copyright.

  • there are no measures of any kind that CloudFlare could take to prevent this alleged infringement, because the termination of CloudFlare's CDN services would have no impact on the existence and ability of these allegedly infringing websites to continue to operate,"

    The exact same argument could be made for hosting torrents; if you don't stop every "seeder", a torrent will still be shared. I don't expect the judge will buy this argument but strangers things have happened.

    • by Anonymous Coward
      The argument is about the blame, not dependency.

      Imagine the MAFIAAs shutting down utorrent or deluge or bitcomet or whatever software client, for "materially contributing" to illicit torrent activity. You have a confused lawyer at best.
  • I use CloudFlare and I think they are great. Should I use an alternate DNS provider? I have about 30 entries. I am certainly NOT going to use Cox cable!
  • You can be complicit even if you don't pull the trigger.

    CloudFlare, I love you, but quit trying to weasel out of your responsibilities to respond to abuse complaints.
    • But have the people with whom they are doing business been convicted or simply been accused? Do all businesses have to stop doing business with anyone accused of a civil infraction?
      • Who cares? The whole point of having TOS is so you can stop bad behavior before it requires resolution through the legal system. Any company that just ignores abuse complaints may as well burn its TOS and hire more lawyers.

        From CloudFlare's own Terms of Service [cloudflare.com]:
        "Cause for such termination shall include, but not be limited to: ... (g) you have engaged or are reasonably suspected to be engaged in fraudulent or illegal activities;"
  • Admission (Score:4, Insightful)

    by amiga3D ( 567632 ) on Wednesday September 28, 2016 @04:08PM (#52979645)

    Damn! They just admitted that they are irrelevant.

    • by cdrudge ( 68377 )

      How so? I didn't get that. What I got out of the article is that CloudFlare is claiming they are just a caching service. They don't know or care what the underlying content is, and that even if they close down, the content still remains available via whatever the original distribution method was.

  • shut off service to the pirate sites (under court order, for legal cover) for a week and see what happens.
  • ... so they do not want to be any part of the solution. They do not even want to stop being part of the problem.

    .
    That's what it looks like to me.

    • by Anonymous Coward

      They do not even want to stop being part of the problem.

      That would require there to be a problem in the first place. There is no problem.

    • I wouldn't want to provide even the slightest aid or comfort, in any way, shape, or form, to the RIAA, MPAA, ASCAP, Metallica, or any one of that particular basket of deplorables. And I would take great glee in refusing to do so, and doing anything within my power to subvert their desires.

      Yes, CloudFlare for other reasons are a bunch of asshats. But the likes of Rosen, Valenti, Ulrich, and the rest of their loathsome ilk? Evil. Pure and simple by way of the eighth dimension. A pox upon all their houses

    • by sjames ( 1099 )

      Or they don't want to be judge, jury, and executioner. Remember, they have not been told by a judge that the customer is infringing, it has simply been alleged. Since they are not the hosting provider, it is far from clear that they are at all responsible for following a DMCA notice.

  • Many spammers use Cloudflare to shield their web sites from being taken down. Even when abuse@cloudflare.com is presented with overwhelming evidence they are protecting spammers, they do nothing. I can only assume they believe it is more profitable for them to ignore the takedown requests than spend money taking care of the problem.

  • by MinusOne ( 4145 ) on Wednesday September 28, 2016 @11:34PM (#52981623)
    If they were a real CDN, customers publishing copyrighted content would violate the TOS and they would be turned off. The fact that they can't be bothered is a sign that they are willing to deal with anyone with a few bucks. If they do have terms that would allow them to turn off customers like this and they don't enforce them it is even worse.
    • customers like this

      Customers like what? Victims of frivolous statements? The customer has not been found guilty of anything (yet). Do you want random companies to be judge and jury?

    • by AmiMoJo ( 196126 )

      They are too smart to get into the TOS enforcement quagmire. The moment they begin stopping service for copyright infringement, they become copyright investigators. Random takedown request comes in, now they have to verify if it is genuine, if the person/robot sending it owns copyright on the material, if the site really does hold that content, and if the site really doesn't have permission to hold it. Screw up any of these checks and one side or the other will rightly blame them and publicly complain about

  • The town that provides streets that help burglars to come to visit my house is helping them far too much for my taste ;-)

It is clear that the individual who persecutes a man, his brother, because he is not of the same opinion, is a monster. - Voltaire

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