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stories filed under: "uk"
(Mis)Uses of Technology

(Mis)Uses of Technology

by Mike Masnick


Filed Under:
abuse, civil rights, privacy, tiburon, traffic cameras, uk



Tiburon Approves Recording Every Car That Enters/Leaves... Despite More Evidence Of Traffic Camera Abuse In UK

from the feeling-safer-yet? dept

Earlier this year, we wrote about plans in the wealthy coastal town of Tiburon here in northern California to photograph and record the license plate info of every car entering or leaving the town. It kicked off quite a debate in the comments, and now comes the news that the town is moving forward with the plan, despite complaints about civil liberties and privacy violations. Of course, it's worth noting that just as this plan is moving forward, reports out of the UK are indicating that law enforcement there has been abusing traffic cameras for purposes well beyond traffic monitoring. They're using traffic camera images of traffic around political protests to note cars that appear at multiple such events, and placing them on some sort of terrorist "watch lists." Police are apparently going through the database of images and "marking" certain cars, which then allow them to be searched in the fight against terrorism. Not that there's a big protest culture in Tiburon, but this certainly shows how a simple traffic camera effort can escalate into something that is much more questionable from a civil rights standpoint.

9 Comments | Leave a Comment..

 
Politics

Politics

by Mike Masnick


Filed Under:
copyright, peter mandelson, stephen timms, three strikes, uk



UK Digital Economy Bill As Bad As Expected; Digital Britain Minister Flat Out Lies About ISP Support

from the nice-try dept

Just as the leaks predicted, the UK government has offered up its Digital Economy Bill, which includes massive changes to copyright law, including the power of the government to effectively change the law at will with little to no oversight. Basically, it would let the Business Secretary, Lord Mandelson, change copyright law through secondary legislation, which requires no Parliamentary approval. As people are noting, Mandelson has had to resign from elected positions twice in the past in disgrace, and is now in an unelected position. And he's the guy who gets to change copyright law at will? That does not seem right. On top of that, the bill doesn't even specify "three" strikes for users. Instead, it requires ISPs to notify users with warnings -- and to notify copyright holders that they did notify users -- and if file sharing is not reduced by 70% in a year (with no indication of how this is measured), then the government will tell ISPs to start kicking people off the internet.

Furthermore, Minister for Digital Britain Stephen Timms, who introduced the new bill, claimed that 99% of ISPs are "broadly supportive" of the bill. That's funny because BT and TalkTalk -- two of the largest ISPs in the UK -- have loudly complained about the plans (with TalkTalk threatening to sue, and BT saying that this solution is "not the way forward") and the ISP Association, which represents ISPs in the UK has loudly slammed the bill as unworkable and backwards looking:

"ISPA members are extremely concerned that the bill, far from strengthening the nation's communications infrastructure, will penalise the success of the internet industry and undermine the backbone of the digital economy," the industry group said.

Nicholas Lansman, ISPA's general secretary, said in the statement that the government's proposals were "being fast-tracked... and will do little to address the underlying problem".

"Rather than focusing blindly on enforcement, the government should be asking rights holders to reform the licensing framework so that legal content can be distributed online to consumers in a way that they are clearly demanding," Lansman said.
So, where exactly are the 99% who are supportive of the bill? Or is that RIAA/IFPI/BPI math?

24 Comments | Leave a Comment..

 
Politics

Politics

by Mike Masnick


Filed Under:
copyright, peter mandelson, uk



Mandelson Wants Gov't To Have Sweeping Powers To Protect Copyright Holders

from the this-is-not-good dept

As pretty much everyone who reads Techdirt has been submitting today, Lord Peter Mandelson over in the UK -- the guy who just discovered copyright law after a resort vacation dinner with entertainment industry mogul David Geffen -- wants to go even further in changing copyright law against consumers' rights. We already know that he was the major force behind getting the UK to move forward with a plan to kick file sharers off the internet based on a "three strikes" plan that involves accusations, not convictions. This was despite a study by the government which had already concluded that three strikes was a bad idea.

However, the latest plan seems even more ridiculous. Not only would it include a new offense for those who download unauthorized material, it would allow the government to give powers to "any person as may be specified" to do whatever is necessary to try to stop online infringement. In other words, it would allow the government to basically deputize anyone they wanted (such as record labels...) with near complete power and little oversight to do whatever they thought necessary to fight online infringement. And this includes changing copyright law at will through "secondary legislation" that involves no Parliamentary oversight or debate. Talk about a broad, sweeping and totally ridiculous change to copyright law.

Part of the reasoning, supposedly, is to be able to force online digital lockers like YouSendIt, which are quite useful for legally sharing all sorts of things, to get rid of privacy, so that any infringing works sent via those tools can be revealed. The whole thing is an incredible overreach of power, well beyond anything that is necessary. Mandelson doesn't even hide the fact that this is done purely in support of copyright holders and against consumers' rights:

"These can be used entirely legitimately, but recently rights holders have pointed to them as being used for illegal use,"
Because if rights holders don't like it, it must be stopped? He admits in the letter that consumer groups will oppose this proposal, but he doesn't seem concerned. Consumers, after all, don't take him out to dinner at expensive resorts.

40 Comments | Leave a Comment..

 
Legal Issues

Legal Issues

by Mike Masnick


Filed Under:
libel tourism, uk



Libel Tourism Case Dismissed Because Little Evidence Of UK Visitors Seeing The Article

from the nice-try dept

We've discussed how the UK is used for "libel tourism" quite frequently, since its libel laws are more draconian than elsewhere. Thus, if someone is upset about what someone else has said about them, they'll often file a lawsuit in the UK, arguing that because the content is available online, it's been "published" in the UK. Thankfully, the UK courts have been a bit better about cracking down on these sorts of cases when they're obviously frivolous. In one recent case, the court rejected the claim by noting that there was little evidence many people in the UK saw the article, which was published in a South African publication. Specific evidence over how many UK readers viewed that article were not provided, but log files showed that only a grand total of 65 readers viewed the article at all over the 2 months following publication (so you could even say that if all 65 were in the UK, the "damage" was pretty limited). But, the publication did show that its site normally gets about 6.79% of its visitors from the UK, which would translate to about 4 UK visitors -- not nearly enough to prove "publication" in the UK. It's good to see the UK courts being a bit more careful about these things, though it would still be much better if the UK updated its outdated libel laws to avoid this kind of lawsuit altogether.

5 Comments | Leave a Comment..

 
Studies

Studies

by Mike Masnick


Filed Under:
economics, music, studies, uk



Mainstream Press Waking Up To The News That Musicians Are Making More Money

from the took-'em-long-enough dept

I believe that we were the first publication to report on the study released by PRS in the UK, way back in July, indicating that overall music revenue was up, even as the sale of recorded music was dropping. It showed how live revenue was making up a good part of the difference, and other aspects of the business were making up more than the rest. While we've pointed to that study numerous times in the meantime, we've been quite surprised that no mainstream press picked up on this seemingly remarkable news -- as it went against the prevailing favored narrative (as pushed by the RIAA) that the music industry was in trouble. Especially when combined with the recent Harvard study by Felix Oberholzer-Gee and Koleman Strumpf, that also showed that revenue in the overall music ecosystem was significantly higher today than in the past, it really was quite amazing that the press (and politicians) continued to spread the lie that the music industry was in some sort of trouble. It's not. It's only the business of selling plastic discs that's in trouble.

The good news is that the mainstream press seems to finally be waking up to this. As a bunch of you sent in, the Times Online in the UK has published a nice study highlighting the PRS numbers, complete with some very nice charts, showing that musicians themselves are making more than ever. The other interesting part: for all the talk about how recorded music sales losses are hurting artists, the chart proves the point we've made over and over again: musicians see such a tiny part of recorded music sales that this has had almost no impact on their revenue at all. The amount of money musicians make from recorded revenue has remained just about constant.


Source: Times Online Labs blog

It's great that the press is finally starting to dig into this -- and the Times Online even admits that perhaps it should not have let Lily Allen claim in its own pages how much "harm" was being done to artists due to file sharing, because the numbers simply don't support it (of course, we pointed this out when the whole Allen mess was going on...).

Now, some people have raised some concerns over the numbers -- specifically, there have been some claims that the "live" numbers are distorted due to so-called "heritage" acts and legacy acts, who have been around forever and still pack large stadiums with increasingly higher ticket prices. And, indeed, that almost certainly has some impact on the numbers. It would be nice to see a similar report that starts to break out some of the details -- and we've been talking to a few people who are trying to dig deeper into the amount of "live" and "alternative" revenue streams to better understand where the money is going. Hopefully we'll have more complete data soon, but the initial things I've seen suggest that the original point remains true. Artists across the entire spectrum of the industry are making more in live revenues than they have in the past -- and, in part, the increase in live revenue is due to file sharing. In talking to different musicians, we've been hearing plenty of stories about how they're strategically pushing free versions of their songs on local audiences before embarking on tours or even individual shows -- and they're seeing larger turnouts than in the past because of it.

Hopefully, with more mainstream publications finally picking up on this, both the press and politicians will begin to recognize that the only real "crisis" in the music industry is for those who have stupidly relied on selling plastic discs for way too long. There are plenty of revenue opportunities for musicians, and because of that (in combination with better and cheaper tools for music creation), the actual music industry is thriving at levels never seen before.

56 Comments | Leave a Comment..

 
Politics

Politics

by Mike Masnick


Filed Under:
innocent, sion simon, three strikes, uk



UK Gov't Official: Innocent People Won't Get Kicked Off The Internet; Trust Us

from the we're-from-the-gov't-and-we're-here-to-help-Hollywood dept

With all of the concern over the proposed bill in the UK to kick file sharers off the internet based on accusations (not convictions), some have been raising concerns about innocent users kicked off the internet. Culture Minister Sion Simon has hit back at those claims insisting that the innocent won't be kicked offline. Really. Trust us. Or something like that. The main reason he claims that it won't impact the innocent is because multiple letters will be sent and there will be an "appeals" process. Of course, that ignores the fact that this could still be quite a disruption in someone's life. If they're falsely accused, they risk losing their internet access and have to fight an appeal? That could be costly in terms of both time and money. And, of course, we've already seen, with other similar threats, that the warning letters sometimes get sent to the wrong address or wrong person and get ignored entirely.

34 Comments | Leave a Comment..

 
Legal Issues

Legal Issues

by Mike Masnick


Filed Under:
freedom to tinker, mod chips, uk, xbox

Companies:
microsoft



UK Again Says That Mod Chipping Isn't Legal

from the you-bought-it,-but-you-don't-own-it dept

The war against actually being able to own the products you (thought you) bought continues. An appeal by a guy convicted for installing mod chips in video game consoles in the UK has been rejected. Even though the guy himself might not have been violating copyright law, apparently the fact that such mod chips could be used by others to potentially violate copyright law is enough to get him convicted. So, basically, modifying the hardware that you legally purchased? Not legal.

And... in somewhat related news, a bunch of folks have sent in the story of Microsoft cutting off what may be hundreds of thousands of players from Xbox Live for using modded consoles. Microsoft, obviously, is trying to stop players from cheating (one use of a modded console), which is understandable, and certainly within Microsoft's right. Still, the action does come across as a bit heavy handed. There are perfectly good reasons to mod a gaming console, such as to play unofficial games -- and as much as I understand the desire to stop people from cheating or playing pirated games, it still seems like you should be able to modify hardware that you legally purchased.

46 Comments | Leave a Comment..

 
News You Could Do Without

News You Could Do Without

by Mike Masnick


Filed Under:
police, surveillance, uk



UK To Require Service Providers Monitor And Store Info On Users

from the more-data-isn't-good-data dept

Despite lots of criticism over the plan, UK politicians are moving forward with demands that online service providers store and monitor certain types of internet communications. While the government will be compensating service providers for some of this (your tax dollars at work), it's still a rather large burden on these service providers, and raises all sorts of privacy questions. Oh, and on top of all of that, we've already seen that law enforcement in the UK is struggling to cope with the fact that they're already inundated with too much data. They don't want more data, they need better data. Making service providers hang onto even more data doesn't help the situation, it just opens up the potential for serious privacy invasion.

13 Comments | Leave a Comment..

 
News You Could Do Without

News You Could Do Without

by Mike Masnick


Filed Under:
peter mandelson, tech skills, three strikes, uk



Lord Mandelson Wants Students To Get More Tech Education; Can We Start By Educating Him?

from the learning-begins-at-home dept

Lord Mandelson, the UK Business Secretary who has been the leading force behind putting in place the entertainment industry's desired plan to require ISPs to kick accused file sharers off the internet under a "three strikes" plan, apparently is also saying that young people need better technology skills. Along with that, he's supporting a plan to get universities to do more technical skills training. Now, I'm all for more tech skills training in universities, but wouldn't it be nice if Mandelson started by getting some tech skills training himself -- including a basic understanding of why an IP address is not an accurate indicator of who is doing something online? Or, perhaps, an understanding of how BitTorrent actually works and a brief primer on encryption technologies....

11 Comments | Leave a Comment..

 
Too Much Free Time

Too Much Free Time

by Mike Masnick


Filed Under:
anonymous commenters, defamation, uk



UK Law Firm Sets Up Special Team To Hunt Down Anonymous Commenters

from the free-speech-is-for-suckers dept

Stephanie Migot writes in to let us know how UK law firm Wragge & Co has decided to set up a special "cyber tracing" team, whose job it will be to scour the internet for anyone making negative anonymous comments about any of their clients and then take action. Of course, the law firm says it's really looking for people leaking confidential information (such as disgruntled employees), but, as you probably know, defamation laws in the UK are significantly more draconian than those elsewhere. Thus, the line is a lot more blurry, and will almost certainly lead to these sorts of activities targeting mere criticism and complaints, rather than true defamation. The unfortunate end result is a series of chilling effects on any concept of free speech.

44 Comments | Leave a Comment..

 
Predictions

Predictions

by Mike Masnick


Filed Under:
peter mandelson, three strikes, uk



Why Kicking Fans Off The Internet Won't Make Them Buy

from the we've-done-this-before dept

When Lord Mandelson officially announced his plan to kick file sharers off the internet based on accusations (not convictions) -- the so-called "three strikes" plan -- I asked a simple question: how will this get people to buy more. It was fun watching industry defenders paint themselves into corners trying to explain it, but they couldn't. The best they could say is that the fear of losing an internet connection would get them to stop file sharing. But, of course, getting them to stop file sharing is a lot different than actually getting them to buy something.

And, on top of that, we already have empirical evidence that a fear-based campaign doesn't make people buy any more. Over at The Telegraph in the UK (where I'll now be writing a semi-regular column) I explore how the industry already tried a fear-based campaign when they threatened and/or sued tens of thousands of individuals for file sharing. Even the industry's most strident defenders, who support taking away people's internet access have admitted that such a punishment is less scary than being sued and potentially on the hook for millions of dollars.

So how did that work out? If the industry's logic is correct, than the fear of being hit with a multi-million dollar fine should be a lot more persuasive in (a) getting people to give up file sharing and (b) buy more instead. And yet... the industry is still freaking out, complaining about phantom "losses" and demanding new laws to protect them. So, if kicking people off the internet is less fearful than being on the hook for millions of dollars, and the potential of being sued for so much did not slow the growth of file sharing or get people to buy any more, can someone explain (please) how it's possible that anyone thinks kicking people off the internet will get them to buy?

79 Comments | Leave a Comment..

 
Legal Issues

Legal Issues

by Mike Masnick


Filed Under:
andrew ainsworth, copyright, george lucas, storm troopers, uk

Companies:
lucasfilm



Storm Trooper Copyright Lawsuit Back On In the UK

from the in-a-galaxy-far,-far-away dept

Last year we wrote about a copyright fight between George Lucas/Lucasfilm and Andrew Ainsworth, the guy who created the original costumes for the storm troopers in Star Wars. Ainsworth believes that he has every right to now sell storm trooper costumes. Lucas, and his licensing empire, feel otherwise. It got to the ridiculous level of Ainsworth claiming that Lucas actually owed him money, for all the free merchandising Ainsworth has done for the various Star Wars movies by selling his costumes. Eventually, the High Court in the UK tossed out Lucas' claims, saying that the costumes were not works of art and not covered by copyright in the UK. It did note that there may have been copyright infringement in the US, but said that Ainsworth was immune from a US court ruling on the subject since his US sales were not that big.

Apparently, Lucasfilm isn't happy about this and is appealing the ruling, claiming that the storm trooper costumes are indeed works of art, like sculptures. The whole thing, frankly, seems like a waste of time. Is it really that big of a concern to Lucasfilm if the guy who created the original costumes is selling them himself?

21 Comments | Leave a Comment..

 
Legal Issues

Legal Issues

by Mike Masnick


Filed Under:
domain names, gambling, kentucky, uk



UK Court Says Kentucky Has No Right To Seize Gambling Domain Name

from the not-that-it-cares dept

We've covered the bizarre legal battle in Kentucky, where the governor tried to have a long list of gambling-related domain names (none of which had anything to do with the state of Kentucky) declared "illegal gambling devices" so that the state could seize the domain names. The governor has been pretty open that this has nothing to do with any moral issue over online gambling, but is a blatant attempt to help protect local gambling establishments in the state. Of course, it's ridiculous to think that a state governor could claim the right to seize domain names that are not based in Kentucky at all, and after a lower court (that didn't seem to understand the issue) sided with the governor, an appeal court overturned that ruling. Rather than recognize how silly this campaign is, the case is going to the state Supreme Court.

But, apparently the lawsuits aren't just happening in Kentucky. Michael Scott points us to the news that one of the companies targeted by Kentucky brought a lawsuit both against Kentucky and its own registrar in the UK to get a ruling that it is not subject to the whims of Kentucky politicians. The state of Kentucky ignored the proceedings, which resulted in the court agreeing that Kentucky has no right to seize the domain name. Of course, the state of Kentucky probably couldn't care much less about what a court in England thinks (which explains why it didn't even bother to respond), so the victory may be somewhat meaningless. However, at the very least, if Kentucky somehow wins its case in the US, perhaps the registrars in the UK can point to this ruling to refuse handing over the domain names.

5 Comments | Leave a Comment..

 
Politics

Politics

by Mike Masnick


Filed Under:
peter mandelson, three strikes, uk



Will Three Strikes Ever Really Get Implemented In The UK?

from the might-be-a-long-shot dept

With Peter Mandelson announcing this week (as everyone expected) that he's going to introduce a proposal to kick file sharers off the internet under a "three strikes" plan, it's been amusing watching defenders of this idea try and fail to answer the question "how will this make people buy more stuff." Over and over again people explain to us why it'll decrease file sharing (something I actually doubt for a variety of reasons that I'll explore later), but no one has explained how it will make more people buy stuff.

But, perhaps an even bigger question is whether or not it will ever actually get implemented in the UK. TalkTalk, the ISP that has been fighting the proposal for a while (and even gave a nice demonstration to show why IP addresses are not accurate in figuring out who's responsible for online activity) is now saying that it will take legal action to block such a proposal from being put in place, saying that it's a violation of human rights to kick people offline based on accusations, rather than due process.

On top of that, the idea is already incredibly unpopular with the majority of people in the UK... and (most importantly) there's an election coming up soon in the UK. Backing a massively disliked proposal to kick people off the internet based on accusations using weak evidence... probably isn't a savvy political move at this moment. Given all of that, I'm wondering if the plan ever really moves forward in the UK, or if it just makes a lot of noise so that Mandelson and his colleagues can tell the entertainment industry how they tried, to make sure the political donations keep coming in.

24 Comments | Leave a Comment..

 
Politics

Politics

by Mike Masnick


Filed Under:
peter mandelson, three strikes, uk



As Expected, Mandelson To Introduce Plan To Kick File Sharers Off The Internet

from the but-how-will-this-get-them-to-buy? dept

This should come as no surprise -- as it was pretty clearly a foregone conclusion after his dinner with David Geffen, but UK Business Secretary Peter Mandelson (who prior to that dinner didn't seem to care about this issue at all) has decided to totally ignore the Digital Britain report, as well as the widespread outcry from individuals and ISPs, and will implement a plan to kick file sharers offline using a "three strikes" system. While he says there will be an appeals process, there's no indication that there will be a due process system that allows for innocence before guilt. Instead, it sounds like the other way around. It's pretty clear, of course, that Mandelson was simply blowing smoke when he claimed he was merely asking for feedback around such an idea, rather than definitely endorsing it.

In defending the new proposal, Mandelson continues to state things that just don't make sense. He claims that he was "shocked" to learn that only one in twenty downloads were authorized, but fails to note that stat has little basis in reality. Meanwhile, he again insists that downloading is "economically unsustainable," ignoring two recent studies (one from Harvard and one from the UK's own PRS) showing that the overall music industry is growing. How is that economically unsustainable?

But, honestly, the biggest issue is that he fails to address the huge question that I keep asking, and which no one wants to answer:

How will kicking people off the internet get them to buy more product?
That's because there is no answer. Will it make some people participate less in file sharing? Perhaps -- though, it's likely to just drive more people further underground. But just because they stop file sharing it doesn't mean that people will buy any more. In fact, continuing this war on music fans is only going to make people less interested in buying. This is exactly the opposite of what the music industry needs right now. Taking the war against consumers up a notch only ensures that they're even less interested in giving any money to the entertainment industry. Instead, they'll find those who treat them right and actually give them a reason to buy (rather than trying to limit them) to give their money to.

65 Comments | Leave a Comment..

 
Surprises

Surprises

by Mike Masnick


Filed Under:
intelligence, mi5, peter mandelson, police, three strikes, uk



UK Law Enforcement Tells UK Gov't: Please Don't Kick File Sharers Offline

from the didn't-see-that-coming dept

Those who believe that kicking people off the internet based on accusations of file sharing is an affront to basic due process and civil rights have perhaps an unexpected ally: UK law enforcement and intelligence services have come out against Peter Mandelson's "three strikes and your off the internet" plan. Of course, they're not as concerned about due process and civil rights, as they are about making it more difficult to track down criminals online:

Law enforcement groups, which include the Serious and Organised Crime Agency (Soca) and the Metropolitan Police's e-crime unit, believe that more encryption will increase the costs and workload for those attempting to monitor internet traffic. One official said: "It will make prosecution harder because it increases the workload significantly."

A source involved in drafting the Bill said that the intelligence agencies, MI5 and MI6, had also voiced concerns about disconnection. "The spooks hate it," the source said. "They think it is only going to make monitoring more difficult."

Enforcement groups are also unhappy that the Government's change of plans has left them little time to draw up a response. Lord Mandelson's intervention came two months after the Government's Digital Britain report, published in June, failed to back disconnection.
So, the government's own plan said no to kicking people off the internet. The police and the intelligence services are saying no to it. Why is Mandelson still supporting it?

45 Comments | Leave a Comment..

 
Culture

Culture

by Mike Masnick


Filed Under:
collections, music, performance, singing, uk

Companies:
prs



PRS's Latest Trick: Demanding Money From Shop Assistant Who Was Singing At Work

from the performance-fees dept

Sometimes, these collection societies write the jokes themselves, it seems. PRS, the music collection society in the UK, famous for going way over the line in demanding money from people (remember the time it demanded a woman pay up for playing music for her horses? Or how it calls small businesses and if they hear any music in the background, demand payment?), has done it again. It threatened a shop assistant for singing out loud (public performance!) while stacking the grocery shelves, demanding she pay £1,000 for the privilege. Of course, why was she singing? Because PRS had already threatened the owner for having a radio -- so he got rid of the radio.

Of course, as with the horse debacle, once PRS realized the PR nightmare it had created for itself, it apologized (and sent some flowers). But, that hardly makes the situation better. Why is PRS demanding such things in the first place? Given the long trail of similar examples, this isn't just some random one-off accident. It's basically how PRS operates. And that's because it's structured its business so that its "investigators" aren't really "investigators" at all, but sales people. They have every incentive to get as many companies to pay up as possible, no matter if there's any real performance at issue.

On top of that, the very fact that PRS forced this shopowner to take away his radio should show how backwards and braindead PRS's strategy is. The radio in the shop isn't a "public performance." It's not the reason people go to the shop. But it did help promote the musicians PRS supposedly represents. Not any more. Musicians in the UK should be furious at PRS for making it more difficult to get their music heard, let alone for threatening someone for singing while stocking the shelves.

47 Comments | Leave a Comment..

 
Politics

Politics

by Mike Masnick


Filed Under:
all party parliamentary communications group, peter mandelson, three strikes, uk



UK Parliamentary Group Blames Entertainment Industry For File Sharing Problem, Opposes Kicking People Off The Internet

from the good-for-them dept

More and more opposition is forming to Peter Mandelson's plan to kick accused (not convicted) file sharers off the internet. The latest is that the All Party Parliamentary Communications Group -- a non-partisan group of UK MPs and Lords -- has come out with quite a report damning the idea. It doesn't just bash the idea of such "three strikes" plans to kick people off the internet, but notes that the whole problem really comes from the entertainment industry itself for not adapting or innovating:

We conclude that much of the problem with illegal sharing of copyrighted material has been caused by the rightsholders, and the music industry in particular, being far too slow in getting their act together and making popular legal alternatives available.

We do not believe that disconnecting end users is in the slightest bit consistent with policies that attempt to promote eGovernment, and we recommend that this approach to dealing with illegal file-sharing should not be further considered.
Looks like David Geffen may need to start taking more UK politicians out for dinner...

21 Comments | Leave a Comment..

 
(Mis)Uses of Technology

(Mis)Uses of Technology

by Mike Masnick


Filed Under:
three strikes, uk, wifi

Companies:
talktalk



UK ISP Shows Why Kicking People Off The Internet Based On An IP Address Is Dumb

from the let's-use-some-logic dept

UK ISP TalkTalk has been a strong critic of the way the recording industry has tried to turn ISPs into copyright cops in the past. A year and a half ago it swore it would not be a copyright cop, and scolded BPI for suggesting it had any responsibility to enforce the entertainment industry's poor excuse for a business model -- while also complaining about "the most unbelievably rude letter" that BPI sent TalkTalk in demanding it do so. At the time, he told them:

"They're not just shutting the stable door after the horse has bolted -- the horse has left town, got married, and started a family."
Well said. Then, earlier this year, TalkTalk's CEO also pointed out how naive it was to think that the industry could do anything to stop unauthorized file sharing, noting:
If you try speed humps or disconnections for peer-to-peer, people will simply either disguise their traffic or share the content another way. It is a game of Tom and Jerry and you will never catch the mouse. The mouse always wins in this battle and we need to be careful that politicians do not get talked into putting legislation in place that, in the end, ends up looking stupid....

If people want to share content they will find another way to do it....
TalkTalk is continuing to show how silly the recording industry's plans are, by doing a little demonstration. The company sent out a security expert on staff to an ordinary street in Stanmore, Middlesex. Then it had him find all the WiFi connections there -- noting that many were totally open, and many others used weak security. From a few open ones, he went and downloaded some songs including Barry Manilow's hit Mandy and the soundtrack to the 1992 film Peter's Friends -- those two choices in honor of Peter Mandelson, the UK Business Secretary who suddenly became a supporter of kicking file sharers off the internet using a three strikes provision after dining with entertainment industry mogul, David Geffen.

To be clear, in this case, the music downloads were both done legally -- and the company checked with the WiFi access point owners first to make sure they were okay with it -- but the point is still clear. Just because you have an IP address, it doesn't act as any sort of proof. TalkTalk's director of strategy and regulation, Andrew Heaney made the point clear:
"The Mandelson scheme is every bit as wrong-headed as it is naive. The lack of presumption of innocence and the absence of judicial process combined with the prevalence of wi-fi hacking will result in innocent people being disconnected."
This, of course, is the same point that plenty of people have been making for ages, but the recording industry never has a good response. They also haven't been able to respond to a more important point: how will kicking people off the internet make anyone more interested in buying music?

32 Comments | Leave a Comment..

 
Culture

Culture

by Mike Masnick


Filed Under:
channel 4, shows, uk, youtube

Companies:
channel 4, google, youtube



UK Channel 4 Putting Full TV Shows On YouTube

from the don't-need-another-site dept

mowgs points out that Channel 4, over in the UK, has done a deal with YouTube to put all its shows online. Not just clips -- the entire shows. While many people still seem to think that YouTube is just about individuals uploading stuff, it seems like the company has focused on getting a lot more official content on the site as well. While Hulu has some nice features, YouTube still destroys Hulu in traffic -- and unlike Hulu, YouTube doesn't block out visitors from other countries. Recently, even I can't get to Hulu. Because I use a VPN for security purposes, Hulu claims that I'm trying to sneak in from another country, even as I sit here in California (home of Hulu). Why does the entertainment industry always default to "you must be a criminal unless you can prove otherwise" thinking?

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