Retrieved from http://www.usm.maine.edu/resnet/images/riaa.jpg
The buzz surrounding copyright infringement issues today is whether Internet Service Providers (ISPs) are actively monitoring their networks for illegal file sharing. When the RIAA announced in December 2008 that it was dropping lawsuits against individuals accused of illegal file-sharing, the underlying plan was to have ISPs take control instead. Because ISPs have direct access to the network activities of their customers, this transition made sense from an enforcement perspective.
The general pretense of the proposed agreement between the RIAA and ISPs would be the implementation of a “graduated response” to copyright infringement. A graduated response would start with a warning to violators, followed by more severe warnings, and then the eventual termination of service. However, no ISPs have publicly acknowledged adhering to an agreement with the RIAA. That said, a recent CNET interview with Verizon spokeswoman Bobbi Henson shed some light on what is happening behind the scenes. She noted, “We’ve cut some people off,” a claim she would later deny as a misunderstanding of her response to interviewers.
Retrieved from http://www.japanator.com/elephant/ul/12056-620x-internet-piracy.jpg
Henson did point out that Verizon was actively sending warning letters to offenders, and this practice was proving to be effective (thereby negating the need for terminating services). The issue here, however, is whether Verizon entered into an agreement with the RIAA behind closed doors.
I believe we are beginning to see the tip of the iceberg regarding ISP/RIAA agreements, and future termination cases may soon surface. If ISPs don’t cut off subscribers downloading illegal content, the revised Anti-Counterfeiting Trade Agreement (ACTA) may push for lawsuits against ISPs. I think ISPs are anticipating liability, and have stepped up their enforcement efforts. Unfortunately, the secrecy behind ACTA negotiations is preventing us from anticipating the future of copyright in the digital domain.
What’s your take on the issue?
{ 6 } Comments
That is a highly interesting topic. Personally, I think it’s a good thing to see ISPs kicking off thieves. I don’t think ISPs should be obligated to do this, but if they want to voluntarily regulate illegal (or at least immoral) activity on their networks, more power to them. File sharing copyrighted music is a civil infringement (if not a crime). I don’t do it, never have never will. I think that self-regulation is a good way to go for ISPs. There’s a pretty strong history of industries self-regulating in this country: movie ratings, software ratings, etc…
BTW, what on God’s Green Earth does that picture have to do with file sharing!?!
Personally, I am against any kind of censorship, so I don’t like the idea of being monitored by ISP or anyone else. True, piracy is a serious problem on internet today, but the history of piracy is much longer than internet, so how did people deal with it before? The whole internet business is still new and kind of chaotic, music, movie, ebooks…etc, etc. I believe give it some time, we will find a balance between illegal file sharing and profitable internet business model. I also like to believe people know how to do things right, not everyone of course, but we can behave ourselves as long as we know what the rules are.
I think that the war between the pirates (or whatever the term for people who crack softwares is) and software developers in a unending one. In fact, any active internet user can easily say that any a software today is cracked (or a movie is uploaded on the internet) faster than ever before. The decision to regulate illegal internet traffic should be definitely left to the will of ISPs. I also think the results expected out of this traffic regulation are a bit unrealistic. There is always going to be means using which the lock breakers are going to break the lock.
I think having ISP’s regulate piracy is ridiculous. Going to the point that Nick made in class about the analogy of the post office. The post office doesn’t regulate illegal sharing in the mail. It wouldn’t make sense.
Isn’t it enough to have the RIAA, the government, and anyone else with any kind of interest in copyright to be watching for infringers? The fines are so outrageously high for something so common. All I want is Comcast (or Verizon, or whoever) to give me the internet. After paying an arm and a leg for that, the least they could do is leave me alone.
I believe this might be a huge burden on the ISP’s because the law will cause them to not only lose subscribers but also reduce the usage of their services. I wonder whether the RIAA will provide financial compensation to the ISP’s to make up for this loss.
Also I wonder if going after subscribers is the right approach. Would’nt it be better to instead target the sites that store unlawful content.
I too feel that the idea of letting ISPs regulate piracy is absolutely ridiculous. Simply put, it is not their job. Their job is to provide internet service to the users and nothing beyond that. ISPs can accuse users of illegal file sharing but can they prove it? How about innocent users who don’t even know how to secure their wi-Fi network. One such example is the case of Cathi Paradiso who was falsely accused of file sharing by Qwest. The ISP even went to the extent of telling her that they will let all other service providers know about her illegal file sharing. RIAA should deal with their own problem and stop pushing ISPs to trouble their users.
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