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ISP’s, Entertainment Industry Launch Copyright Clearinghouse, Sidestepping Judicial Process

Phillip Dampier April 3, 2012 AT&T, Cablevision (see Altice USA), Comcast/Xfinity, Consumer News, Verizon 13 Comments

The entertainment industry, in cooperation with the nation’s largest Internet Service Providers, joined forces to open a new copyright enforcement center that critics charge sidesteps judicial process, leaving consumers forced to prove they are innocent after they’ve been accused of being guilty.

On Monday, the Center for Copyright Infringement named its executive director and board, and intends to gradually begin serving as a clearinghouse for copyright infringement complaints brought by the nation’s music and movie companies.

CCI has representatives from the Motion Picture Association of America (MPAA), the Recording Industry Association of America (RIAA), AT&T, Cablevision, Comcast, Time Warner Cable, and Verizon Communications collectively working to streamline enforcement of copyright law and control Internet piracy.

Often known as the “Six Strikes Plan,” CCI participants will coordinate piracy notification warnings for suspected illicit downloads of copyrighted content from peer-to-peer file sharing networks.  Hollywood studios and recording labels will identify those they suspect are involved in illegal file swapping and participating ISPs will notify customers tied to the infringing IP addresses up to six times before reducing a customer’s Internet speed, temporarily disabling the account, or terminating service.

The CCI hopes to bypass the court system and adopt a self-regulation, “in-house” approach to Internet piracy.  Some courts have proven increasingly-reluctant to hand over identifying information to copyright holders based on the sometimes-flimsy evidence of illegal downloading included in supporting affidavits.  Judges in some courts have also become leery of a cottage industry of “settlement specialists” that threaten expensive litigation for alleged copyright infringement that can be resolved with a quick cash settlement.

Judge James F. Holderman of the Northern District of Illinois ruled against one litigant who demanded ISPs divulge the identities of every participant exchanging bits and pieces of a copyrighted work in a so-called “BitTorrent swarm,” because they were involved in a conspiracy.  Holderman dismissed that argument.

Such tactics have allowed some settlement specialists to demand settlement payments from a larger group, substantially boosting revenue at little cost to them.

CCI’s executive director Jill Lesser says laws no longer favor copyright holders.

“While laws that protect intellectual property remain strong and enforcement efforts continue, technology has tipped the balance away from the interests of most creators and artists,” Lesser said. “The ease of distribution of copyrighted content has helped create a generation of people who believe that all content should be free.”

CCI’s so-called “Copyright Control System” will bypass the courts entirely, as entertainment companies coordinate directly with major ISPs agreeing to enforce copyright compliance.

Lesser says consumers will still have a fair process to challenge notices of alleged infringement.  But it will cost at least $35 for consumers to argue their case.  Additionally, as a self-regulated, industry-controlled body, consumers’ rights of appeal are undetermined.  The arbitration process will be administered through the American Arbitration Association.

Why would ISPs want to become involved in a copyright control regime?  To reduce their own expenses and legal risks.  Copyright holders and their agents have peppered service providers with compliance and identification demands for years, creating full time positions processing the paperwork.  By adopting a clearinghouse and developing a streamlined process to handle complaints, service providers can cut costs and avoid possible litigation against themselves.

Still, both the entertainment industry and ISPs seem to be open to listening to consumer advocates.  Lesser was formerly involved with People for the American Way, a group sensitive to privacy rights.  Serving on the advisory board are Gigi Sohn from Public Knowledge and Jerry Berman, founder of the Center for Democracy and Technology.  Neither have direct authority over the group’s enforcement efforts, but Sohn told Ars Technica she hoped her involvement would give a voice to consumer interests and maintain transparency in the enforcement process.

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Duffin
Duffin
11 years ago

This is ridiculous! This is tantamount to me joining forces with my neighbors to arrest criminals in my neighborhood with no authority given to me by the police department and also then acting as judge at the guy’s trial that I created and control the rules of. How can this possibly be legal? Why is nobody stopping them?!

Earl
Earl
11 years ago
Reply to  Duffin

Badges?… We don’t need no stinking Badges.

me
me
11 years ago
Reply to  Earl

They may have a fight on their hands…

http://en.wikipedia.org/wiki/Color_%28law%29

Gov doesnt really like the competition…

Think it will only take one bored lawyer to get ‘sued’ in this ‘court’ and they take it to a real court…

Earl
Earl
11 years ago
Reply to  me

If I remember correctly, Verizon was not on board the first time this came up. For those exact reasons, opening themselves up to lawsuits. But apparently the MAFIAA has made them an offer they couldn’t refuse. And you can probably bet that with the broad definitions and lose wording if this makes it that far, that when the bullets start to fly there will be a lot of finger pointing.

jr
jr
11 years ago

ISPs can give 7 and 8 figure compensation packages to their CEOs and can afford to play copyright cops while telling you they need to restrict your bandwidth because of how expensive it is

Earl
Earl
11 years ago
Reply to  jr

The only people that bandwidth is expensive to, is us. I’m just guessing here, but from the figures I have heard. The markup is somewhere in the neighborhood of about 1,000%!!
Now if that isn’t greed, I don’t know what is.

Duffin
Duffin
11 years ago
Reply to  Earl

You’re pretty much correct. Not to mention “bandwidth” is not an exhaustible resource like oil. It’s never “used”, just “borrowed”. It’s not like once someone uses 1 GB of bandwidth, it’s gone forever. You just use it and, when you’re done, it goes back into the huge pool of the internet. I think I’ve used this metaphor before, but I liken the internet to a box. And packing peanuts are bandwidth. Obviously, the box can only hold so many packing peanuts before it runs out of space. But, if you have more packing peanuts than the box will fit, you… Read more »

jordan
jordan
11 years ago

If they send me even one letter I will see if I can sue Slime Warner for Defaming Me ? Not sure of course but am looking thru online stuff and keeping aware. This is so wrong and is only the beginning as the Government has a new SOPA/PIPA Like Bill and we must all fight back like in January. So at this point I must say these bad words: “F*** YOU” Washington, MAFIAA, And you sleezy ISP’s. Oh, and if I get that letter not only will I sue you but if there is Competition in Portland I will… Read more »

Will
Will
11 years ago

That’s fine, I will just disconnect it, and set up a new account under a alias and pay a money order deposit. If they want an ID, I will give them a fake one! PROBLEM SOLVED!!! Use Mexican surnames or Canadian surnames depending on where you live. When they con you, con them back! Make sure you take a picture of the installer so if they send the same installer you can hide so they don’tt think somethings fishy! Or the legal route, sue for Defamation, color of law statues, and if that person who did it is of another… Read more »

Wylee
Wylee
11 years ago
Reply to  Will

My ISP just suspended my service because of suspicious downloading,
WITHOUT ANY WARNING!
So it’s happening. When I contacted my ISP, they told me they are required by law to turn off
internet right away, no warnings allowed. that sounded like BS to me,
so I went to the library to do the research.
All I’ve found is information such as here, about the six strikes policy.

Beware… big brother is watching!!

Earl
Earl
11 years ago
Reply to  Wylee

Who is your ISP? Ask them to specify exactly which “law” they are referring to. As far as I know there is nothing yet in effect. The “Six Strikes Plan” is supposedly for monitoring for torrent traffic, but is very broadly worded. Using words like “suspicious”, ask them to define suspicious downloading.
Whats worse is CISPA, or as it’s being referred to as the new SOPA. We need to remain vigilant against it to!

Scott
Scott
11 years ago
Reply to  Wylee

There is no law in the US against a customer downloading copyrighted works over the internet. ISP’s have always been protected just as phone companies and mobile carriers were protected from being prosecuted for customers of theirs conducting illegal business such as drug transactions over their service. There’s always been instances of Lawyers from affected companies contacting an ISP with an IP and time/date stamp claiming infringement and requiring they notify or disconnect, or provide information, sometimes that’s severe enough a small ISP might get scared of liability or legal issues/costs and decide to terminate a customers account. Also ISP’s… Read more »

Alejandro
Alejandro
11 years ago

this is a joke. this is all about trying to scare the typical american internet user. he who is smarter is not tricked so easily.

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