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If you download files via bittorrent, you may receive a menacing notice

With lawsuit campaigns generating a firestorm of negative publicity and in general losing far more than they make in settlements, big media is turning to a new tactic on its "war" on piracy.

I. Warnings Rollout

This week AT&T, Inc. (T), Cablevision Systems Corp. (CVC), Comcast Corp. (CMCSA), Time Warner Cable, Inc. (TWC), and Verizon Communications Inc. (VZ) will become test candidates for a new system of warnings to customers who file share.  The rollout will last about two months, and by the end pirating customers may be in for unpleasant surprises.

The media industry will largely be "footing the bill" for the piracy policing.  Their efforts rely on a company called MarkMonitor, which trolls BitTorrent networks, collecting IP addresses.  MarkMonitor recently became a subsidiary of Thomson Reuters Corp. (TRI) in July, ending over a decade of independence.  The company has made a name for itself fighting against illicit online drug marketplaces and so-called travel agency "brand-jacking".  Now it sets its sights on the biggest challenge of them all -- trying to sneak around the underbelly of the peer-to-peer piracy and data-mine information on its participants.

The information collected will be anonymized and sent to the ISPs, who will in turn match it to their customers and send out warnings.  The initial warning will be a "friendly" notice with suggestions of how to obtain content legally and tips on securing your connection (in case the infringer is a third party).

If customers do not heed the warning and continue to show up on MarkMonitor's list, they will next be asked to sign a waive acknowledging they received the latest warning.  After that, additional warnings will earn "mild" punishments, including throttling the user's connection or forcing them to watch "educational" anti-piracy programming in order to keep connected.

Piracy Warning
Digital pirates will face warnings and mile punishments, thanks to a new alliance between ISPs and big media.

Users who feel they have been unjustly notified can challenge the notice -- but it will cost them.  The cost per challenge is a one-time fee of $35 USD.

The program is being overseen by the Center for Copyright Information (CCI).  Its big media backers including the Motion Picture Association of America (MPAA) and the Recording Industry Association of America (RIAA), both notorious in their own right for committing for-profit "piracy" of small content-producers' work.  Other major participants in the CCI are individual big content producers including Sony Corp. (TYO:6758), The Walt Disney Comp. (DIS), News Corp. (NWS) (and its Fox subsidiaries), and Vivendi SA (EPA:VIV) subsidiaries UMG and EMI.

II. Piracy Killer? Uncertainty Remains

No one knows quite how well the system -- geared at annoying pirates enough to change their ways -- will work.  But assuming that big media sticks to its promise of not terminating file sharers, it's at least a step forward from the punitive and unaccountable tactics used in the past -- tactics that hurt both customers and the media industry's pocketbooks.

Piracy is a tough puzzle.  

One question is whether it is harmful in the first place.  After all, copying illicitly a digital work is somewhat different than stealing a physical commodity.  Some evidence indicates that piracy is not truly costing the industry any revenue (in the sense that customers often use piracy to sample, and would not necessarily buy the content legitimately in the absence of piracy).  Some evidence even points to piracy increasing revenues, evidenced by studies that show pirates purchase more music legally than their peers.

DVD Burning
It is unclear whether piracy hurts media revenue. [Image Source: MiNDFOOD]

So what exactly are the best ways to stop online piracy?  Much promise exists in the option of ad-supported content models, such as internet radio.  But the challenge is getting big media on board with these kinds of new technologies, when their executives are often fearful that they will hurt their company's bottom line.

A final question is whether the industry will keep its promise regarding no terminations, or whether this is simply a prelude to more draconian measures.  In a recent leaked letter the RIAA expressed its desire to terminate pirates.  But of course, such a plan would likely be resisted by the ISPs who balk at the idea of turning away paying customers.  In the face of that resistance it's unclear whether big media could manage to push any sort of more punitive plan into place.

Source: CCI



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This article is over a month old, voting and posting comments is disabled

There is better way to fight piracy
By pixelslave on 10/23/2012 11:25:00 AM , Rating: 2
quote:
in the sense that customers often use piracy to sample, and would not necessarily buy the content legitimately in the absence of piracy


Even though I am not sympathize to the big studio, I don't buy this excuse. Yes, not everyone who pirates will buy the content in the absence of piracy, but some will. Some might even argue that if a person can't afford the content in the first place, he will never buy that content anyway -- but looking back at the days before the internet, this was simply not how it worked. Back at those days, people who couldn't a record or CD would save money to make a purchase. Nowadays, no one would do so, because they can use the money for something else and just pirate.

On the other hand, I feel that there's no way to fight piracy. The damage has already been done. Fighting is meaningless. What the content maker should do is to make the legitimate content so easy to obtain and so cheap that the convenience makes people think that piracy is too troublesome. Netflix is great, but Netflix will be better if I can stream every movie ever made. I will definitely pay a slightly higher price for that -- hell, I would even accept a limit of how many movies I can stream in a given month!




By johnbuk on 10/23/2012 11:49:03 AM , Rating: 2
"Back in those days" when you couldn't afford an album you'd borrow your friends LP and copy it onto a cassette tape. Then came dual cassette players/recorders that made it easy to copy cassettes. And it wasn't too long after CD players became affordable that the CDR became common.
My old man evan had a huge collection of bootleg LPs recorded onto reel-to-reel tapes that he purchased overseas when he was in the military well before cassette players became common.
My point being that people have been sharing music and media for decades so none of this is really new.


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