linuxaudio.org

On Fri, Jul 16, 2010 at 12:20 PM, david  wrote:

quoted text
> Rob wrote:

>> The other guys are doing the same, but to them, cutting off families'

quoted text
>> Internet access based on an unproven accusation and making copyright

>> infringement a criminal act (or the facilitation of possible copyright

>> infringement, even if no actual copyright infringement takes place) are

>> examples of things they think *are* reasonable compromises.

>

> Hmmm, it seems to me that if ISPs can prove copyright infringement, they're

> monitoring their traffic contents, so they're no longer just common

> carriers. Which means WE should be able to sue them for letting spam arrive

> in our mail boxes! ;-)

>

> --

> David

All the ISPs are doing is watching bandwidth. They're not watching

content. They just 'logically assume' that there aren't too many

sources of data that provide 4GB of data unless it's a movie, and if

it's a movie it's copyrighted, and if it's copyrighted then it

shouldn't be 'copied'. This isn't Big Brother. It's just logic.
They don't need to _prove_ copyright infringement because if they

don't cut someone off after determining that there is a high

likelihood that the customer is transmitting copyrighted data then

they potentially become liable along with the customer. And since the

original agreement signed by the customer states they won't use the

connection to transmit copyrighted data in any manner contrary to the

local laws more power to them for doing it.
As far as I've heard, at least in the U.S. they don't cut anyone off

for copying one 4GB item even if it is a movie but they can watch for

aggregate bandwidth. When it starts to be 200GB/month - the point

where Comcast has told me they will cancel my account and cut me off

completely & forever - then they are probably right if the bandwidth

is coming from an 'unlikely' IP. They know where NetFlix and Hulu are

streaming from, and those are legal because they are licensed. They

can guess when it's coming from a file sharing website or using

BitTorrent that it _probably_ isn't. A few GB from those sites

probably won't result in a court appearance. 10 Terrabyte likely will.
Cheers,

Mark

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