In 2010, after years of bitter fighting, the French National Assembly passed "Hadopi," the worst copyright law in history, which provided for disconnecting whole families from the Internet if their network connection was implicated in an accusation of copyright infringement. Read the rest
127.0.0.1 is the "loopback" address for your Internet stack, the address you tell your computer to visit when you want it to talk to itself. Read the rest
The Copyright Alert System -- a "voluntary" system of disconnection threats sent to alleged file-sharers, created by entertainment companies and the large US ISPs -- has just celebrated its first birthday, having spent $2 million in order to send out 625,000 threats to people it believed to be infringers. How's that working out for them?
No one knows. The Center for Copyright Information -- which made a lot of noise about its war on piracy when it was ramping up -- has been totally silent for the past twelve months, not issuing a single press release (nor have its participating entities said anything about it in that time).
I guess there are two possibilities: one is that this was an amazing success, but they're too modest to boast.
The other one is that, like every other variant on this, as practiced in New Zealand, the UK, and France, it is an expensive boondoggle that wasted millions, alienated hundreds of thousands, and did nothing to break the copyright logjam that has been sowing chaos on the Internet since the 1990s.
This program was the brainchild of US copyright czar Victoria Espinel and the entertainment bigs, and was a predictable disaster from the outset. No doubt there will be some grossly flawed study in the near future to demonstrate that they've finally managed to invent perpetual motion square the circle make Pi equal 3.1 threaten Internet users into doing their bidding. Read the rest
In Graduated Response Policy and the Behavior of Digital Pirates: Evidence from the French Three-Strike (Hadopi) Law a team of business-school researchers from the University of Delaware and Université de Rennes I examine the impact of the French "three-strikes" rule on the behavior of downloaders. Under the three-strikes law, called "Hadopi," people accused of downloading would be sent a series of threatening letters, and culminating with disconnection from the Internet for a period of a year for everyone in the household. Hadopi is the entertainment industry's model for global legislation, and versions of it have been passed in the UK and New Zealand, and it has also been proposed for inclusion in the global Trans-Pacific Partnership treaty.
The researchers carefully surveyed French Internet users to discover what effect, if any, the Hadopi law had had on their behavior -- specifically, whether they were encouraged to download more from legitimate sites and pay more for music as a result of the threat of Hadopi. Their conclusion: [Hadopi] has not deterred individuals from engaging in digital piracy and that it did not reduce the intensity of illegal activity of those who did engage in piracy. Read the rest
Copyright and Creation, a policy brief from a collection of respected scholars at the rock-ribbed London School of Economics, argues that the evidence shows that piracy isn't causing any grave harm to the entertainment industry, and that anti-piracy measures like the three-strikes provision in Britain's Digital Economy Act don't work. They call on lawmakers to take an evidence-led approach to Internet and copyright law, and to consider the interests of the public and not just big entertainment companies looking for legal backstops to their profit-maximisation strategies. Read the rest
Evaluating Graduated Response, a new paper from Rebecca Giblin from the law school at Australia's Monash University, looks at the impact of "three strikes" and "graduated response" punishments for file-sharing. Countries including France, New Zealand, Taiwan, South Korea, the U.K., Ireland and the U.S. have adopted systems whereby people accused of file-sharing have their Internet access curtailed. This takes many forms, from losing access to YouTube and Facebook until subscribers complete a "copyright training course" designed by the entertainment industry to out-and-out disconnection from the Internet.
A good summary in IT News by Juha Saarinen discusses Giblin's findings from an in-depth survey of the file-sharing landscape before and after the introduction of three strikes rules: "There is no evidence demonstrating a causal connection between graduated response and reduced infringement. If 'effectiveness' means reducing infringement, then it is not effective."
Giblin is the author of 2011's Code Wars, an excellent book on the first ten years of file-sharing data. Read the rest
The Trans-Pacific Partnership is a sweeping, secret global treaty that sets out many corporatist policies by which countries surrender their national interest and sovereignty in favor of corporations, who get to violate local regulations and rules and sue countries that try to enforce them. A lot of the opposition to TPP has centered on its insane copyright provisions (leaked TPP drafts have included things like mandatory border-searches of laptops and phones for pirated music and movies; as well as "three-strikes" rules like the failed French HADOPI system, whereby whole families would be disconnected from the Internet if their router was linked to unsubstantiated claims of piracy). But increasingly, the participating countries are growing nervous with the whole premise of TPP.
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As America's phone and cable companies roll out their "six strikes" plans (which they voluntarily adopted in cooperation with the big film companies), it's becoming clear that operating a public Internet hotspot is going to be nearly impossible. Anyone operating a hotspot will quickly find that it can no longer access popular sites like YouTube and Facebook, because random users have attracted unsubstantiated copyright complaints from the entertainment industry. Verizon (and possibly others) have made it clear that this will apply to businesses as well as individuals, meaning that firms will have to spy on all the traffic of all their users, all the time, and heavily censor their use of the Internet in order to prevent them from attracting these complaints.
It's not much of a stretch to see why the carriers would like this: every time you use a hotspot instead of using your phone or device's metered data-plan, they lose revenue.
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Also, as the strikes get higher, there are two things to be aware of: ISPs are then more likely to hand over info to the copyright holders, meaning that it could still lead to copyright holders directly suing. That is, the "mitigation" factors are not, in any way, the sum total of the possible consequences for those accused. On top of that, we still fully expect that at least some copyright holders are planning to insist that ISPs who are aware of subscribers with multiple "strikes" are required under law to terminate their accounts. At least the RIAA has indicated that this is its interpretation of the DMCA's clause that requires service providers to have a "termination policy" for "repeat infringers." So it's quite likely that even if the ISPs have no official plan to kick people off the internet entirely under the plan, some copyright holders will still push for exactly that kind of end result.
France is on the verge of killing its ill-starred HADOPI system, whereby people who are accused of multiple acts of copyright infringement are disconnected from the Internet, along with everyone in their homes. After two years, HADOPI has spent a fortune and has nothing to show for it. HADOPI was enacted thanks to enormous pressure from American entertainment companies and the US Trade Representative, and was the first of the "three strikes" rules to make it into law (New Zealand and the UK also both capitulated to Pax America shortly after).
But the new president Hollande is determined to continue to have France play the role of crash-test dummy for America's failed copyright policy. As a condition of dismantling HADOPI, his government has proposed enacting the worst provisions of SOPA, the US copyright proposal that America roundly rejected last year. Under SOPA.fr, the French government will make intermediaries (payment processors, search engines, web hosts) liable for infringement, with broad surveillance and censorship powers.
French Hadopi Scheme Gutted; Other Bad Ideas To Be Introduced Instead Read the rest
The French Hadopi agency has prosecuted its first user under the country's insane anti-piracy laws, which provide for disconnection of whole families from the Internet if someone using their connection is accused of multiple acts of file-sharing. The first person to be convicted is a 40-year-old man whose ex-wife admitted to downloading some songs on his connection. The law ascribes blame for infringement to the person with the Internet account, not the person who infringes, so he is paying the €150 fine. He will not have his Internet connection taken away. Read the rest
The Trans-Pacific Partnership is the son of ACTA, a secretive copyright and trade treaty being negotiated by the Pacific Rim nations, including the USA and Canada. As with ACTA, the secretive negotiation process means that the treaty's provisions represent an extremist corporate agenda where due process, privacy and free expression are tossed out the window in favor of streamlined copyright enforcement. If this passes, America will have a trade obligation to implement all the worst stuff in SOPA, and then some. The Electronic Frontier Foundation's Carolina Rossini and Kurt Opsahl explain:
TPP article 16.3 mandates a system of ISP liability that goes beyond DMCA standards and U.S. case law. In sum, the TPP pushes a framework beyond ACTA and possibly the spirit of the DMCA, since it opens the doors for:
* Three-strikes policies and laws that require Internet intermediaries to terminate their users’ Internet access on repeat allegations of copyright infringement
* Requirements for Internet intermediaries to filter all Internet communications for potentially copyright-infringing material
* ISP obligations to block access to websites that allegedly infringe or facilitate copyright infringement
* Efforts to force intermediaries to disclose the identities of their customers to IP rightsholders on an allegation of copyright infringement.
Incredibly, it gets worse:
Read the rest
If the copyright maximalists have their way, the TPP will include a “side-letter,” an agreement annexed to the TPP to bind the countries to strict procedures enabling copyright owners to insist material are removed from the Internet. This strict notice-and-takedown regime is not new—in 2004, Chile rejected the same proposal in its bi-lateral trade agreement with the United States.
Hadopi was the jewel in the Sarkozy regime's crown of shitty copyright policy: a rule that said if you lived in the same house as someone who'd been accused of copyright infringement, you would lose your Internet access. Heavily lobbied for by the entertainment industry and hailed as a success thanks to dodgy, misleading studies, Hadopi is now on the outs. The agency that administers it has had its budget zeroed out. Next up: outright cancellation? EFF hopes so:
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Citing extraordinary costs and scant results, a high-level French official has announced intentions to defund Hadopi1, the government agency charged with shutting off Internet access of individuals accused of repeat copyright infringement. Under the French three strikes law, Internet subscribers whose connection is repeatedly used to share copyrighted material may be disconnected from the Internet and may even have to continue paying for the service (the so-called "double pain"). The three strikes law in France runs contrary to principles of due process, innovation, and free expression—yet has unfortunately served as a template for similar legislation in countries like New Zealand, the UK, and South Korea under pressure from the entertainment industry. Defunding Hadopi may mean that France won't be focusing on enforcing its three strikes law anymore, but that's not enough. France needs to repeal the three strikes law altogether.
When copyright holders (working through professional organizations) file complaints about alleged infringement, Hadopi is authorized to contact Internet access providers and issue warnings to subscribers. After the third warning of copyright infringement is issued to a subscriber, Hadopi can recommend to a public prosecutor that the individual have her Internet connection terminated.
IFPI, the international trade group for the record industry, has trumpeted a study that allegedly shows that France saw a surge in iTunes sales following the institution of a mass-scale regime of "disconnection warnings" -- threats to remove you and your family from the Internet if you don't stop downloading. These warnings are the first step of the controversial HADOPI system, which is the first of a series of global "three strikes" laws pushed for by IFPI.
TorrentFreak had a look at the study, which was written by researches at Wellesley College and Carnegie Mellon, and they found that none of the benefits claimed by the record industry were in its conclusions: "What the researchers found is that in France, compared to five other European countries, more music was sold through iTunes. Looking at the graph below (from the report), it’s clear that the “uplift” in France before Hadopi was introduced (March 2009) is actually much sharper than the two years after."
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“We also estimated the model for the 6 months before and after September 2010, as this was the first month that HADOPI began sending out first notices. In this case, the resulting coefficient was close to zero and statistically insignificant.”
Indeed, when the three-strikes warnings were actually sent out, there was no effect on iTunes sales compared to the control countries. This is unusual, because you would expect that the hundreds of thousands of warnings that went out would have had more of an impact than the ‘news’ that this could happen in the future.
Further revelations from the YouHaveDownloaded BitTorrent logger: six infringing BitTorrent swarms included computers logged into the network of the official residence of French President Nicholas Sarkozy. Sarkozy, of course, pushed for the HADOPI law that allows whole households to be disconnected from the net if their network is implicated in three copyright complaints. Note that there's no proof that anyone who was downloading these files got enough of them via the Sarkozy network to turn into a recognizable video or audio file; nor does it mean they were a member of the Sarkozy household. But the HADOPI law doesn't make this distinction, and who am I to argue with Sarkozy's favorite Internet law? Read the rest
The Swiss government commissioned a study on the impact of copyright-infringing downloading. The independent study concluded that downloaders use the money they spend to buy more legitimate entertainment products. So they've concluded to maintain Switzerland's extant copyright law, which makes downloading for personal use legal. It's a rare victory for evidence-based policy in a world dominated by shrill assertions of lost jobs and revenue, backed by funny-number "statistics" from industry-commissioned researchers.
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The report states that around a third of Swiss citizens over 15 years old download pirated music, movies and games from the Internet. However, these people don’t spend less money as a result because the budgets they reserve for entertainment are fairly constant. This means that downloading is mostly complementary.
The other side of piracy, based on the Dutch study, is that downloaders are reported to be more frequent visitors to concerts, and game downloaders actually bought more games than those who didn’t. And in the music industry, lesser-know bands profit most from the sampling effect of file-sharing.
The Swiss report then goes on to review several of the repressive anti-piracy laws and regulations that have been implemented in other countries recently, such as the three-strikes Hadopi law in France. According to the report 12 million was spent on Hadopi in France this year, a figure the Swiss deem too high.
The report further states that it is questionable whether a three-strikes law would be legal in the first place, as the UN’s Human Rights Council labeled Internet access a human right.