Between the Lines

Larry Dignan, Andrew Nusca and Rachel King

ISPs plot graduated response to piracy: Can this plan really work?

By | June 22, 2011, 6:46pm PDT

Internet service providers have a multi-pronged approach to deter piracy. The master plan: Become annoying enough so content pirates won’t bother.

CNET News’ Greg Sandoval reports that ISPs are planning a so-called “graduated approach” to piracy. In many respects, the plan resembles what happens when you speed and you get points on your driver’s license. You get warnings, education to reform you, restrictions and potentially booted from the network. Apparently those public awareness campaigns (right) from the movie and music industry didn’t do the trick.

Sandoval writes:

Under the proposed plan, participating bandwidth providers would adopt a “graduated response” to subscribers who repeatedly infringe copyrights. ISPs would first issue written warnings, called Copyright Alerts, to customers accused by copyright owners of downloading materials illegally via peer-to-peer sites, the sources said. Should a subscriber fail to heed the warning, an ISP could choose to send numerous follow-up notices. Eventually, the plan requires ISPs to take more serious action.

Scared yet? In theory and on the whiteboard the plan makes some sense. However, it’s questionable whether ISPs will really deter piracy. Nevertheless, AT&T, Verizon, Comcast, the music and movie industry and even the White House have been trying to cut a deal for years.

Now we’re ready to see this anti-piracy effort in full bloom. You’ll get various reactions. Among them:

  • The faux privacy worrywarts will scream because ISPs will inspect packets of data.
  • ISP supporters will argue that the move is a natural extension of an open Internet. ISPs are doing their part to deter illegal activity.
  • And most customers won’t care.

Aside from those rather predictable reactions the question is whether this system will work. For instance, will an imposed limit to 200 top Web sites really do much? How about the escalating nagging? In fact, don’t be surprised if someone cooks up a workaround.

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Larry Dignan is Editor in Chief of ZDNet and SmartPlanet as well as Editorial Director of ZDNet's sister site TechRepublic.

Disclosure

Larry Dignan

Larry Dignan has nothing to disclose. He doesn’t hold investments in the technology companies he covers.

Biography

Larry Dignan

Larry Dignan is Editor in Chief of ZDNet and SmartPlanet as well as Editorial Director of ZDNet's sister site TechRepublic. He was most recently Executive Editor of News and Blogs at ZDNet. Prior to that he was executive news editor at eWeek and news editor at Baseline. He also served as the East Coast news editor and finance editor at CNET News.com. Larry has covered the technology and financial services industry since 1995, publishing articles in WallStreetWeek.com, Inter@ctive Week, The New York Times, and Financial Planning magazine. He's a graduate of the Columbia School of Journalism and the University of Delaware.

For daily updates, follow Larry on Twitter.

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RE: ISPs plot graduated response to piracy: Can this plan really work?
tringo007 27th Sep
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Not very "net neutral", is it?
I find it funny that Hollywood and the Music industry are STILL floundering over digital media. They refuse to move their business model over to the digital side when they could clearly do so and cut down on illegal downloading by doing so.

Rather than treating the internet as a third-tier nation that gets all the releases LAST, they could make much more money by offering theater blockbusters ONLINE! Yes it'd undercut some people, but that's life. They could easily offer things like extended trailers (30 minute clip anyone?) and even the whole movie for "Digital rent or purchase" for a low price. $2 or even up to $7 wouldn't be asking far too much for any movie...and it beats the "cattle experience" you get at a real movie theater. You'll be able to watch the movie at home, in the comfort of your own couch/chair/sofa/bed. XD

The more that the MPAA, and RIAA members fight against the grain and refuse to adopt an Internet Friendly business model, the more they will inevitably suffer. No longer will the average man pay exorbitantly to bite into the carrot dangled before him...he shall simply bite into it. If the carrot is rotten he shall spit it out and pay nothing. If the carrot is sweet, then the carrot dangling party gets their just reward and payment. :P

It is not worth paying theater prices for a crappy movie. I saw Green Lantern, it wasn't great but it was acceptable. (Note this; I didn't pay for that one...someone else took up the tab on that) Later that day I went to see Pirates of the Caribbean: On Stranger Tides and it was far better. I paid for that movie ticket myself and didn't regret it. In fact I intend to BUY that movie as soon as I can buy it in digital format...then I'll rip the scuzzy DRM shrink-wrap off of it and keep it. I'd buy it on DVD or Blu-ray if they didn't charge so damned much for it.
@ZazieLavender

It's even funnier after you've gotten one of their "written warnings".

What I've noticed is that the content they watch isn't even the content you want most to partake in. In fact, if they'd start using the software they're using to find those who are downloading, they'd realize there's a goldmine here.

Give the first 5 episodes of any new show ad-free, find out if it's being downloaded at a rapid pace or slowing down per episode, insert ads based on popularity and charge accordingly to the advertisers.

It would be the googlefication of television and would be extremely good for both consumers and content providers.

Of course, they're not that smart in media-land. Otherwise, they would've already realized this.

Also, the future of movies isn't downloading, it's streaming.
Just another way for the internet gate keepers to #uck us. I am not surprised.
There are wiretapping laws. Deep packet inspection for this purpose may just fall afoul of federal laws.

And saying the agreement to use the service granted them the right may just not fly...
@peter.j.boyles@...

Hear hear. Illegal search and seizure anyone?
@josh92
Thanks to Bush/Cheney these laws don't hold water anymore. LE can use the patriot act for pretty much anything. They could successfully argue that it's interstate commerce b/c you are crossing state borders. So now it's a federal issue. They could then argue that access to pirated movies gives terrorists the ability to sell them, thus funding terrorist activities.

The answer will be greater and forced encryption between p2p clients and/or use of secured VPN tunnels.

Many ISP's already use packet inspection to manage and/or block p2p traffic. This will just make it easier for the movie and music industries to rape your wallet and steal your assets.
@josh92 Illegal search & seizure laws pertain to government entities, not private industry. The recording & movie labels, as well as your ISP are all private entities, they can search your data all they want without running afoul of the 4th Amendment.
@bigsibling

That depends on how deeply the government is involved. As was mentioned in the article, it's not just a private issue here. They're trying to make it illegal. Once it's brought into law, illegal search and seizure is back on the table.
@peter.j.boyles@... you should know by now that we are all guilty until proven innocent! Haven't you seen what you must watch before each movie when you buy a DVD or a blue ray?
My brother suggested I might like this blog. He was entirely right. This post truly made my day. You can not imagine just how much time I had spent for this information! Thanks! kidney stones
Despite claims of piracy, internet users are already paying for downloading "pirated" movies. The money goes to the ISP as data charges. I would suggest it might be better for the ISPs to work out a payment plan for the copyright owners as they are facilitating this "piracy" themselves.

If anything is broadcast anywhere on the planet it's available as a torrent in a few hours. Prevention can't work, so some other royalty deals should be worked out.
@tonymcs@...
"I would suggest it might be better for the ISPs to work out a payment plan for the copyright owners as they are facilitating this 'piracy' themselves."

Let's pray they don't do that. Sounds like the ludicrous taxes on blank media in some countries where a percentage (a LARGE one) goes to musicians. How they decide /which/ musicians deserve it is beyond me, but just as I don't expect to be charged for someone else's piracy (intentionally) in the cost of my blank media, nor do I expect to be charged for someone else's online piracy in the form of a higher ISP bill.

The answer is NOT to spread the misery to the innocent, but for the MPAA and RIAA to form a 21st century business model. Hey MPAA and RIAA: The 1980's called; they want their business model back!
Obamo Admin. is just a pawn of Hollyweird and the RIAA- not surprised they are pushing this. It's not like we have real issues to address in this country....
@pooletal41 >> So, considering this has been whined about since the last year of GWH Bush's administration (1992), how do you figure it is Obama's fault? Go back to your Tea-tard sites and let the adults talk computers.
@AttackComputerWhiz
I didn't see you getting upset at someone blaming Bush & Cheney above. I take great offense at your childish label of a movement that I'm proudly a part of. I'm not going to insult YOUR politics. Don't bash ours. Try to keep it civil.
0 Votes
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There are already filesharing protocols and systems out there beginning to implement countermeasures, including encryption, spoofing, and modified discovery mechanisms. ISPs can still spot P2P links just by traffic volumes, but will not be able to perform DPI to "prove" that illegal filesharing is taking place. And of course P2P isn't the only means of filesharing, just the one with the highest volume at present.

ISP's will be careful not to throw the baby out with the bathwater. They still depend on customers to generate revenues, so they can't afford to alienate or disconnect millions of customers without a hit to their bottom line. The media cartels are *not* going to pay the ISPs enough money to replace that lost revenue stream.
@terry flores
exactly. has history taught these tyrants nothing about trying to make stuff "hack proof"? BD encryption, DVD encryption, HDMI encryption, anybody?
please. i look forward to getting the first client that subverts these greedy bastards.
@bc3tech People who are trying to protect their stuff from being stolen are not "tyrants". I also think the term "greedy bastards" applies more to thieves than to those selling wares.
  • Flagged
It's baffled me that there hasn't been consumer demand for some form of self-organizing wireless networks. Everything else on the internet is becoming de-centralized. The hardware ought to be too. Except for covering gaps, ISPs don't actually serve a useful purpose.
Encrypted VPN to offshore account. Check, your move media cartels.
@Alan Smithie Once we move toward VPNs, they will corrupt the US Gov into creating anti-VPN laws and choke the offshore VPNs by forcing the credit card companies to refuse payment to them.
It's not like Hollywood moguls and stars are struggling to make a living, is it? I care much more about the World's poor and suffering, than them, that's for sure - and so should we all.
First of all, most movies suck the big one, so the chances of me forking over 13$ to go see it is slim to nil. That 13$ could get me a gallon (or 2) of gas!

Secondly, any good movies that are made, are not of this country (US), which means the chances of them seeing the light of day over here is again, slim to nil. Sorry I am not lining up with the masses (all 10 of them) to see another horrible (not that there was ever a good one) Tyler Perry movie. Sorry I am not super stoked about Super 8. It looks like The Goonies, Monster Squad, and Cloverfield, had a 3-way and toxic waste was the catalyst in that fail-some. I'll pass.

Thirdly, sticky floors in movie theaters drive me crazy enough to start punting babies! NO MORE STICKY FLOORS!
@Bates_ This. Not to mention most movies nowadays seem to be remakes, sequels, or adaptations (i.e. the ten million superhero movies that have been coming out lately). And when we finally do get an original idea...it's something stupid like Cowboys and Aliens.
Last night, I went to buy groceries and some random person was standing by the door, selling bootlegs of movies that has just come out. He already had "Green Lantern", for pity's sake!

Know where he got the movies? From a master copied right at the factory--the masters are sent for DVD production pretty much the same day as the theatrical release. THAT is piracy. Downloading a bad copy filmed on a camera-cam to see if you want to fork out $100 to take a family of four to see it in a theater (or to buy it when it officially is released on DVD/Blu-Ray) is not.
0 Votes
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Your three points are dead on, Mr. Dignan. Even when I explain a given, serious violation of privacy and trust, people just don't care. I think they are really just plain stupid, they can't fathom why they would benefit from less goobermint and industry intrusion into every aspect of their lives.

This "piracy" is a reuse for getting that deep packet inspection going routinely.
"will an imposed limit to 200 top Web sites really do much?"

Huh? Did I miss something? What 200 top web sites, name em.
@What_the
Yah, that one threw me too. What were you talking about Larry?
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@jgm, Thank You
MichaelWells 23rd Jun
Thank you for some sanity. If any of these thieves actually run or own their own business, I do, then I am sure they would not like it when someone stole from them and demanded they change their business model to accommodate said thieves. Whether you like the law or not, it is the law. There are plenty of laws I don't like, but I don't break them. We live in a country that is governed by the rule of law, when you have people that break it and a government that refuses to enforce, you will have anarchy. Thank goodness that both republican and democrat administrations have taken this seriously. Has anyone that is complaining that they get their movie for free thought of something; sure these industries can change their business model, but all that will do is increase the price. It is basic free market economics; goods and services that are subject to theft have the additional cost built into the pricing of the products.
0 Votes
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?
pgit 27th Jun
@MichaelWells We live in a country that is governed by the rule of law, when you have people that break it and a government that refuses to enforce, you will have anarchy.

What country is that?

Here in the unites states of America the government breaks the laws and the people refuse to enforce it.
@pgit

Is there a question, comment, or dissent in there somewhere?
2 questions:
1) Why do ISPs even CARE? Why would they go to the trouble of hiring personnel to monitor data/write algorithms/install hardware/consume company resources to control how their clients use their service? I mean, what do they care?

2) How could they possibly demonstrate that you don't own licenses to the content anyway? I have some discs that are pretty scratched up, and so I'd rather download fresh copies than rip my scratched ones. I was under the impression that I could do that, since I own the CD anyway? (same thing with DVDs)
@DJThuht

I think it is ironic that the ISPs will perform deep packet inspection to stop piracy, but they won't do it to stop spam and botnets. Good priorities.
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