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Old 06-06-12, 03:08   #1
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Default How Scary is the US “Six Strikes”...

How Scary is the US “Six Strikes Anti-Piracy Scheme?
by Ernesto

The MPAA and RIAA, helped by all major Internet providers in the United States, will begin to warn and punish copyright infringers in the months to come. Those caught sharing copyright works will receive several warning messages and subsequent punishment if they continue to infringe. Today we provide an overview of the upcoming scheme, busting some of the scary myths floating around online, and confirming others.

casSoon, the Center for Copyright Information (CCI) will start to track down ‘pirates’ as part of an agreement all major U.S. Internet providers struck with the MPAA and RIAA.

The parties agreed on a system through which copyright infringers are warned that their behavior is unacceptable. After five or six warnings ISPs may then take a variety of repressive measures.

A lot has been written in the press about the upcoming scheme, but unfortunately there are still many myths and misunderstandings. Today we hope to clear up some of these inaccuracies by answering a few simple questions.
What punishments are expected?

After six warnings ISPs will impose so-called “mitigation measures” or punishments. The CCI made it clear from the start that nobody’s Internet account will be terminated. However, temporary disconnections are an option. In fact, the agreement between the copyright holders and ISPs specifically mentions the option of such temporary terminations.

This means that in theory subscribers could be disconnected for a week, or even a month. That said, such disconnections are not mandatory and ISPs have little incentive to impose such a strong mitigation measure.

A more likely punishment is a throttled connection, where connection speeds are severely degraded for a set period. The agreement specifically mentions 256 -640 kbps as an example. Alternatively, ISPs can direct users to a landing page until the subscriber contacts the ISP to discuss the matter.
What happens to those who ignore all warnings?

This is an interesting question. Public information provides no answer but the CCI told TorrentFreak the following:

“The program is intended to educate consumers, taking them through a system that we believe will be successful for most consumers. If a subscriber were to receive 6 alerts, that user would be considered a subscriber the program is unable to reach.”

“If ISPs receive additional allegations of copyright infringement for that user, those notices will not generate alerts under the program,” a CCI spokesperson told us.

In other words, nothing will happen under the program. People who receive more than 6 warnings are removed from the system. They wont receive any further warnings or punishments and are allowed to continue using their Internet service as usual.
Who will be monitoring these copyright infringements?

While ISPs take part in the scheme, they are not the ones who will monitor subscribers’ behaviors. The tracking will be done by a third party company such as DtecNet or PeerMedia. These companies collect IP-addresses from BitTorrent swarms and send their findings directly to the Internet providers.

The lists with infringing IP-addresses are not shared with the MPAA, RIAA or other third parties.

The CCI has not yet published the name of the monitoring company, but informs TorrentFreak that the evidence gathering methods will be reviewed by an independent expert.

Each ISP will keep a database of the alleged infringers and send these subscribers the appropriate warnings. Recorded infringements will be stored for 12 months after which they will be deleted.
What will be monitored?

According to the CCI the copyright alert system will only apply to P2P file-sharing. In theory this means that the focus will be almost exclusively on BitTorrent, as other P2P networks have a relatively low user bases.

Consequently, those who use Usenet providers or file-hosting services such as 4Shared, RapidShare and Hotfile are not at risk. In other words, the “six strikes” scheme only covers part of all online piracy.
Can the monitoring be circumvented?

The answer to the previous question already shows that users could simply switch to other means of downloading, but there are more alternatives.

BitTorrent users could hide their IP-addresses through proxy services and VPNs for example. A recent study in Sweden showed that this is a likely response to tougher copyright enforcement.
So how scary is the “six strikes” anti-piracy plan?

While we can’t say anything conclusive just yet, it appears that the main purpose is to reach as many copyright infringers as possible to inform them about their inappropriate behavior. The CCI frames this as education, others will probably describe it as scare tactics.

How ‘bad’ the “six strikes” scheme turns out to be largely depends on what punishments Internet providers intend to hand out. Needless to say, a temporary reduction in bandwidth is less severe than cutting people’s Internet access.

However, since ISPs have little incentive to apply such stringent measures we expect that the punishments will be rather mild.

You know, I am just dumb founded over these actions. It doesn't make a whole lot of sense, only a little sense.

The whole idea is supposed to be education. Here's a news flash, education doesn't work. Everyone already knows about file sharing that is doing it. If education worked, crap it would have ended 10 years ago. The reality is, copyright law is so out of whack no one pays any mind to it any more.

The idea of 6 strikes is to get you scared of downloading. That's not going to work either. As demonstrated in this article what will happen is folk will just change the way they do it.

The 6 strikes is just as bad in it's implementation. You can't complain or fight in your own defense until strike 5. It will cost you $35 for each time you stand up to defend yourself. All of this is nothing but smoke and mirrors as the only defenses you are allowed are from a list. Know what isn't on that list? Public domain and fair use.

What this does tell me, is that being on boycott is a great idea. As long as these yoyos keep doing this crap I don't like, why in the world should I see them get money for doing it? Nope, I went on boycott against the major music labels back when they started sue'em all. I've never bought so much as one single song since then. I don't really care anymore if they finally hire some one to get it right. I've since found other forms of entertainment and it is unlikely I will return to buying music.

Let me tell you where the future of music is and where it isn't, at least according to trends. Today's youngster sees nothing wrong with downloading songs. They don't mind paying for live music like a concert. They see no value in paying for mp3s. So what this means is there is some major changes coming down the pipes as this younger generation comes of working age. Ones that don't include major labels.

According to testimony to be given congress tomorrow, Cary Sherman will claim that the major labels are in dire need from lack of musicians and that congress needs to buck up and do something. Only the indies are doing record, major, massive increases in the amount of artists out there. Seems the big problem is major labels and no one wanting to sign with them anymore. They view the deal with the devil as not worth it.

He will try to claim that enforcement works and use Limewire and Megaupload as examples. Honestly, that's not very smart. For a very short time after Limewire went down, sales increased, as a blip. But the RIAA has a lot of mud on it's face with not being able to produce the evidence it claimed was there that Rojadirect and Dajaz1 were both infringers and the government has quietly had to hand back the domains to them. With Megaupload it begins to look like there won't be a case against it because in the hurry to get things done, the US ignored law.

None of this really looks good for the RIAA.

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Default Re: How Scary is the US “Six Strikes”...

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