Big Music reprises classic hit 'ISPs need to stop their customers torrenting or we'll sue'
- Reference: 1721111591
- News link: https://www.theregister.co.uk/2024/07/16/big_music_vs_verizon_torrenting/
- Source link:
Over 20 record labels – among them giants such as Sony Music, Universal Music Group – last week lodged a [1]complaint [PDF] that contents "Verizon is one of the largest Internet Service Providers (ISPs) in the country and knowingly provides its high-speed service to a massive community of online pirates, who it knows repeatedly use that service to infringe Plaintiffs' copyrights."
The complaint alleges that in recent years the plaintiffs "sent more than 340,000 infringement notices to Verizon" in which they pointed out "subscribers' blatant and systematic use of Verizon's internet service to illegally download, copy, and distribute Plaintiffs' copyrighted sound recordings through the P2P network known as BitTorrent."
[2]
The music companies allege that Verizon "contributed to and profited from pervasive copyright infringement by its subscribers on P2P file-sharing networks" and is therefore equally liable for IP theft.
[3]
[4]
The complaint saves particular scorn for the "specific recidivist infringers" that it argues Verizon could easily have identified and booted off its services.
The complaint was accompanied by a [5]list of allegedly stolen works [2MB PDF] that includes The Smiths' 1987 ditty "Stop Me If You Think You've Heard This One Before."
[6]
We've singled out that tune from the 408-page list of allegedly stolen music because this is not the first time Big Content has taken issue with carriers allowing their customers to use BitTorrent.
Indeed, this case has made your correspondent nostalgic, recalling matters like Big Content's years of playing whac-a-mole with torrent-tracker [7]The Pirate Bay and the strange attempt to [8]invoice Australians suspected of having illegally watched the film Dallas Buyers Club .
Similar cases proliferated around the world. In many jurisdictions they left carriers and ISPs liable for their customers' actions only if they knew of their infringement, did too little to stop it, and therefore effectively profited from it – because illegal downloading isn't possible without an internet connection. In America, one law enforcing that position is [9]US Code 512 , which requires carriers to terminate repeat offenders.
[10]Coders' Copilot code-copying copyright claims crumble against GitHub, Microsoft
[11]Transmission FOSS BitTorrent client hits version 4.0
[12]Belarus legalizes piracy – but citizens will have to pay for it
[13]Reddit signs AI training deal with Google – and why OpenAI's Altman could be the winner
This complaint seems an attempt to prove Verizon hasn't done so, and didn’t work very hard to consider allegations of piracy. The plaintiffs argue that Verizon accepted complaints about copyright infringement using peer-to-peer networks at just one e-mail address, limited the number of such emails any one copyright holder could send, didn't forward them to alleged infringers, and didn't process incoming allegations promptly.
Further, the plaintiffs allege that "more than 500 subscribers were the subject of 100 or more notices. One particularly egregious Verizon subscriber was single-handedly the subject of 4,450 infringement notices from Plaintiffs alone."
[14]
Verizon isn't commenting on the matter, and it will take ages to reach a court.
But the issue of carriers' liability for torrenting is back on the agenda. Just like old times.
Oh and let’s not forget that it’s not only individuals who steal content: Big Tech scraped the internet to build its AI models and [15]claimed any content it could find was fair game. ®
Get our [16]Tech Resources
[1] https://regmedia.co.uk/2024/07/16/pacer_bigmusic_vs_verizon.pdf
[2] https://pubads.g.doubleclick.net/gampad/jump?co=1&iu=/6978/reg_offbeat/legal&sz=300x50%7C300x100%7C300x250%7C300x251%7C300x252%7C300x600%7C300x601&tile=2&c=2ZpZEusofSX3nUL8j0EPCFwAAARA&t=ct%3Dns%26unitnum%3D2%26raptor%3Dcondor%26pos%3Dtop%26test%3D0
[3] https://pubads.g.doubleclick.net/gampad/jump?co=1&iu=/6978/reg_offbeat/legal&sz=300x50%7C300x100%7C300x250%7C300x251%7C300x252%7C300x600%7C300x601&tile=4&c=44ZpZEusofSX3nUL8j0EPCFwAAARA&t=ct%3Dns%26unitnum%3D4%26raptor%3Dfalcon%26pos%3Dmid%26test%3D0
[4] https://pubads.g.doubleclick.net/gampad/jump?co=1&iu=/6978/reg_offbeat/legal&sz=300x50%7C300x100%7C300x250%7C300x251%7C300x252%7C300x600%7C300x601&tile=3&c=33ZpZEusofSX3nUL8j0EPCFwAAARA&t=ct%3Dns%26unitnum%3D3%26raptor%3Deagle%26pos%3Dmid%26test%3D0
[5] https://regmedia.co.uk/2024/07/16/pacer_bigmusic_vs_verizon_ip_list.pdf
[6] https://pubads.g.doubleclick.net/gampad/jump?co=1&iu=/6978/reg_offbeat/legal&sz=300x50%7C300x100%7C300x250%7C300x251%7C300x252%7C300x600%7C300x601&tile=4&c=44ZpZEusofSX3nUL8j0EPCFwAAARA&t=ct%3Dns%26unitnum%3D4%26raptor%3Dfalcon%26pos%3Dmid%26test%3D0
[7] https://www.theregister.com/2013/12/23/the_pirate_bay_changes_domain_again_twice/
[8] https://www.theregister.com/2016/02/11/hollywood_gives_up_speculative_invoicing_attempt_in_australia/
[9] https://www.law.cornell.edu/uscode/text/17/512
[10] https://www.theregister.com/2024/07/08/github_copilot_dmca/
[11] https://www.theregister.com/2023/02/08/transmission_bittorrent_v4/
[12] https://www.theregister.com/2023/01/10/belarus_legalizes_piracy/
[13] https://www.theregister.com/2024/02/22/reddit_google_license_ipo_altman/
[14] https://pubads.g.doubleclick.net/gampad/jump?co=1&iu=/6978/reg_offbeat/legal&sz=300x50%7C300x100%7C300x250%7C300x251%7C300x252%7C300x600%7C300x601&tile=3&c=33ZpZEusofSX3nUL8j0EPCFwAAARA&t=ct%3Dns%26unitnum%3D3%26raptor%3Deagle%26pos%3Dmid%26test%3D0
[15] https://www.theregister.com/2024/02/29/openai_copyright_lawsuits/
[16] https://whitepapers.theregister.com/
Re: Home Taping Is Killing Music
Going to wire up my laptop's microphone to the laptop's speakers while I stream BBC Radio 1 like the 80s...
Re: Home Taping Is Killing Music
Feedback is on Radio 4
Re: Home Taping Is Killing Music
Don't need to do that. Most sound cards have a loopback device built right in (usually called What-U-Hear or something to that extent). Just recording from that loopback source can give you near perfect fidelity audio.
Re: Home Taping Is Killing Music
If I really wanted to, using Linux Mint, I'd use Sound Recorder to record (Line-Out) music played on YouTube. Adblocker in place so no interruptions, but if there were, I could use Audacity to edit out any crap. Not that I've ever done this.
Granted, torrenting would be faster, but if someone is patient, they can download as much music as they want unobtrusively.
Re: Home Taping Is Killing Music
No need to even go to those lengths, there are plenty of Youtube video download sites will let you download just the audio from a Youtube video and there won't be any ads, well unless the video itself had sponsored content/ads baked in. Or there are locally installable programs that you can put on your PC to do the same such as YTdownloader
Due process
So, do people get cut off because the copyright holder says "this person has stolen our IP", or is there a process by which they get to defend themselves?
Re: Due process
Lightly paraphrasing Douglas Adams
- The infringment notices were delivered...
- Delivered? I eventually had to go down to the cellar to find them.
- That’s the infringement notices department.
- With a flashlight.”
- Ah, well, the lights had probably gone.
- So had the stairs.
- But look, you found the notices, didn’t you?
- Yes, said Arthur, yes I did. It was on display in the bottom of a locked filing cabinet stuck in a disused lavatory with a sign on the door saying ‘Beware of the Leopard.'
While forum shopping is de rigeur in the US judicial system I think α-centuri is still a star system too far.
Re: Due process
Did you type this out yourself, from memory or copy and paste from a page on the web? Just curious - either way, some could consider it copyright infringement ;-)
Re: Due process
You didn't notice he said "paraphrase" did you? That means it is different and not copied, and therefore not a copyright infringement. Americans call it "fair use" I think?
Re: Due process
Probably hoping they'll crap themselves at receiving letters and just pay up, it's an old trick
https://www.theregister.com/2012/03/27/golden_eye_wins_telefonica_court_victory/
Wash, Rinse... Repeat
There's a hole in my bucket, dear Liza...
The grand old Duke of York...
Some old songs celebrating futility never die.
"is therefore equally liable for IP theft"
And why are you restricting yourself to Verizon ? There are other providers in the USA, if I am not mistaken.
Oh, and don't forget to sue the US Government as well, because those roads allow Internet providers to maintain their networks of thievery.
Did they actually look at what was being torrented?
Or is it safe to say that there's a lot of other stuff caught in the net. You know, bangers like ubuntu-naughty-narwhal.iso*, ghost-bsd-0.7.0.iso, stuff like that?
* or whatever animal themed pun they're using at the moment, I've lost track to be honest
Re: Did they actually look at what was being torrented?
The article names music tracks that are mentioned in the deposition so, err, yeah?
Re: Did they actually look at what was being torrented?
The way it works is that they download music over torrents and then log the IPs that served it. So yeah, they know the exact song.
Yeah, torrenting is inherently illegal, says a bunch of technically inept clowns.... because "copyright"!
London roads
So can insurance companies sue TfL?
Clearly most thefts will use the road network to transport the stolen goods, so will naturally have to pay the congestion/emission/whatever charges. So TfL are directly profiting from crime.
(I'm sure there are equivalent schemes in place in other cities, I'm just most familiar with being shafted in London)
Home Taping Is Killing Music
And the beat goes on…