Government Passing Internet 3-Strikes Law Today

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#464843 3-May-2011 13:01

one can block seeding back while downloading... so they can grab it from the seeders and peers but will need 100 percent of it to play the video to confirm its contents after all

but they probably dont do that.. just claim too lol.. but while downloading they can record all the ips in the list (tab field of utorrent) even if some start to get and decide not too its probably too late

does seem crazy since xvids are sub standard format and can hardly be classed as stolen content of a dvd or tv recording... it used to be the case they didnt care about mp3 as cds are wave format and lesser quality but now people buy mp3 format its now worries them
its always about money

Ragnor

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#464848 3-May-2011 13:05

For bit torrent they only need to connect to a public tracker and access swarm information eg: list of peers and seeders, they don't strictly need to be uploading or downloading or have planted the file as some of you are suggesting.

kiwigeek1

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#464849 3-May-2011 13:07

found this on web.. so has any french been done yet? and surely nz should of sat back and first seen how it worked in france right? NOPR -lol obviously it sounds like it failed miserably reading this
internet is always evolving is it not
======source http://www.torrent-invites.com/forum.php

Torrent Site Launches VPN to Counter France?s Anti-Piracy Law

With the introduction of its three-strikes law, France has positioned itself at the forefront of the ?war on piracy?. Under the new Hadopi legislation, alleged copyright infringers will be hunted down systematically, but not if it?s up to France?s largest torrent site. In a counter-move the Smartorrent team recently launched a VPN service, and nearly 2500 users of the site have already signed up for an account.

With more than 1,700,000 registered members, Smartorrent is undoubtedly the largest French torrent site on the Internet. Founded in 2005, the site still adds a further 2,500 members every day and pulls in well over 100,000 unique visitors during the same period.

Sites such as Smartorrent are generally loved by the public, but they are also a thorn in the side of the French Government. In an effort to curb the growing number of BitTorrent users, France introduced controversial anti-piracy legislation this year.

Under the Hadopi anti-piracy law, alleged file-sharers will monitored, their IP-addresses recorded, and account holders will receive warnings through their ISP. After three warnings, subscribers risk a fine and their Internet connection may even be terminated.

Despite these tough measures, the French don?t seem to be holding back on their download habits just yet. Smartorrent traffic remains steady and the site?s users are increasingly looking for options to hide their identities from the prying eyes of the government.

To accommodate this growing demand, Smartorrent launched their own VPN service a few week weeks ago. The service ? fittingly named SmartVPN ? is specifically aimed at heavy BitTorrent users and shields them from receiving warning letters. Since their real IP-address is not shown while sharing, they don?t risk having their Internet connection terminated.

?Since the adoption of this new HADOPI law we thought about starting a VPN service,? Smartorrent co-founder Clever told TorrentFreak. ?We wanted to give our beloved users the ability to keep downloading safely by using our VPN servers that are located in Canada.?

Thus far SmartVPN has been an overwhelming success. Clever told TorrentFreak that nearly 2,500 Smartorrent users have already signed up since they started in September, and dozens of new accounts are being made each day. The torrent site run VPN, which costs 5 euros a month, ironically owes much of its success to France?s anti-piracy law.

Clever further said that he doesn?t understand why the French Government voted for the tougher laws, and calls them ?insane?. ?In my point of view, they have more important things to take care of in France than hunting downloaders, as every week there is a strike somewhere,? he added.

The success of SmartVPN follows the global trend where file-sharers increasingly use anonymizing services to avoid being spied on. The SmartVPN service is mainly targeted at French users, but for people from other countries there are plenty of alternatives to torrent anonymously.

lokhor

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#464868 3-May-2011 13:51

Interesting article about getting the wrong target when finding someone based on an IP
http://arstechnica.com/tech-policy/news/2011/05/after-botched-child-porn-raid-judge-sees-the-light-o...

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kiwigeek1

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#464907 3-May-2011 15:52

tvnz news is a little behind huh

http://tvnz.co.nz/national-news/internet-users-face-flood-warnings-4152848?ref=rss

internet users are likely to be hit with hundreds of thousands of infringement notices each year after controversial changes to copyright law take effect in September, an Economic Development Ministry consultation document suggests.

Under the new "three strikes" regime, which is aimed at combating illegal file sharing, internet users could be fined up to $15,000 by the Copyright Tribunal for accidentally or deliberately viewing copyright material, such as pirated videos.

tdgeek

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#464961 3-May-2011 18:49

Fair Go doing coverage on this tomorrow night.

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lokhor

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#465111 4-May-2011 08:10

Ars has done another article regarding the wikileaks cables:
http://arstechnica.com/tech-policy/news/2011/05/wikileaks-us-offered-to-bankroll-new-zealand-piracy-...

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1080p

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#465213 4-May-2011 11:28

Here is an interesting idea.

I am assuming the entertainment industry watchdogs will be grabbing lists of IP addresses from Bittorrent trackers and forwarding infringement notices to ISPs.

Most of the time, these files have descriptive names pertaining to their contents; take a look at TPB for examples: http://thepiratebay.org/browse/100

If you were to reply to a notice, or argue in a tribunal hearing "It wasn't copyrighted material, prove it was." how would that play out do you think? With no way to prove that the contents of the torrent file you downloaded was copyrighted material then your case would have to be thrown out of the tribunal.

This evidence is only possible if the watchdogs are acting as seeds for the material; they wouldn't be able to provide proof that the infringement actually occurred unless they have a copy of the file you supposedly downloaded (identical hash as the one issued in your notice) and were able to present it to the tribunal. In other words, actual evidence.

The torrent may be named 'Infringing.Album.I'm.Asking.For.A.Fine' but that does not mean the content has been copyrighted.

With the watchdogs acting as seeds; seeding _actual_ copyrighted material and allowing others to download it we reach another quandary.

Unless they are given express permission by copyright owners to offer copyrighted material for distribution via Bittorrent; are they not breaking the law initially in order to witness someone else breaking the law?

I am sure this could not be permitted, even if the watchdog company was contracted to issue infringement notices; they would still have to operate within the law.

If they do have permission to distribute the copyright material via Bittorrent (likely as the copyright owners will be contracting them) is express permission not implied that others may download that material? Given the nature of the protocol, of course.

I suppose the answer to that will be a license agreement between the watchdog companies and copyright owners to seed copyright material for the express purpose of issuing infringement notices to infringers downloading said copyright material.

Does this not sound completely idiotic to everyone here?

I am sure bricks would be passed in stool samples around the country if the New Zealand Police announced an operation which involved offering marijuana for sale at local shops in order to convict and fine those who partake in the illegal drug trade.

freitasm

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#465214 4-May-2011 11:29

Our own Juha has posted an interest blog entry today: http://www.geekzone.co.nz/juha/7615

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lokhor

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#465255 4-May-2011 12:44

Awesome article.

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StarBlazer

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#465259 4-May-2011 12:47

lokhor: Awesome article.

Procrastination eventually pays off.

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StarBlazer

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#465276 4-May-2011 13:21

Okay I'm going to play devil's advocate here;

Perhaps we are missing the point of what the government have done by passing this under urgency.

NZ govt wants a trade agreement with the US. The US says only if you tighten up on copyright. So they force through a law is so flaky and unworkable that really nobody is going to be prosecuted, fined or have their internet cut off.

If they had put the law through normal process, it would have been worked out properly, there would be robust processes and people would be caught and punished.

So what has happened here is that NZ gets a favourable status with US because it passed the law, however the nobody gets punished = sounds like a win-win situation to me.

Any takers?

Procrastination eventually pays off.

lokhor

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#465287 4-May-2011 13:37

That's a nice thought but I think there will be people getting punished and a number of them will be innocent

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Cymro

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#465342 4-May-2011 15:58

freitasm: Our own Juha has posted an interest blog entry today: http://www.geekzone.co.nz/juha/7615

Sadly there are a number of mistakes in there, especially around the minimum time between the first notice and final enforcement notice and the lack of deterrants for vexatious infringement claims.

I agree with the principle of the Copyright act, but I don't agree with the sloppy implementation being pushed through (or how it has been pushed through), but I can't take that blog seriously when I can see what seems like blatent mis-interpretations to present an anti-copyright enforcement view.

1080p

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#465551 5-May-2011 07:28

Cymro:
freitasm: Our own Juha has posted an interest blog entry today: http://www.geekzone.co.nz/juha/7615

Sadly there are a number of mistakes in there, especially around the minimum time between the first notice and final enforcement notice and the lack of deterrants for vexatious infringement claims.

I agree with the principle of the Copyright act, but I don't agree with the sloppy implementation being pushed through (or how it has been pushed through), but I can't take that blog seriously when I can see what seems like blatent mis-interpretations to present an anti-copyright enforcement view.

What are the deterrents for vexatious claims? I took a look at the law and didn't see anything.

Also, http://torrentfreak.com/ip-address-not-a-person-bittorrent-case-judge-says-110503/

Ho! Ho! This could be interesting, I wonder if a case did go to court (rather than tribunal) if they would rule similarly?

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