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US Copyright Group Slams Time Warner Cable
While Verizon hands over user data freely...
by Karl Bode Tuesday 01-Jun-2010 tags: legal · Fileswapping · business
As we recently noted, Time Warner Cable is one of the only ISPs fighting the U.S. Copyright Group's new "copyright-o-matic" mass lawsuit threat campaign. Time Warner Cable has stated that the group -- which promises right holders a new revenue stream by scaring P2P users into settling potential lawsuits -- is being too demanding in terms of IP address identity requests. The group has now fired back, insisting that Time Warner Cable is "a good ISP for copyright infringers":

"TWC highlights the fact that it is not a party to this case," he wrote, "but it appears that TWC is utilizing that fact to garner public support for its position and possibly in an attempt to gain more subscribers who would value TWC's efforts to protect the privacy of demonstrated copyright infringers. To the extent TWC’s tactics are just that—letting the public know that TWC is a good ISP for copyright infringers because TWC will fight any subpoenas related to infringers’ activities—TWC exposes itself to a claim for contributory copyright infringement."

Of course Time Warner Cable isn't fighting the group because of privacy concerns or because they support copyright infringement -- but because they don't like the added costs (estimated at around $45 per look up) involved in playing Internet copyright nanny. Especially for an industry that has resisted revolutionizing their business models for the broadband age.

Meanwhile, Verizon apparently has no such concerns -- and Techdirt directs our attention to the fact that Verizon is one of several ISPs busily handing over the names of those who shared copies of the Oscar-winning film The Hurt Locker.

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Anonymous_
Anonymous
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127.0.0.1
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1 edit

good for TWC

thanks for the privacy

finally they could do something right

Trimline
Premium
join:2004-10-24
Windermere, FL

$45 per look up

Wow, I don't blame them. Who is going to cover that expense?

TWC is spot on.

Linklist
Premium
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Longport, NJ
kudos:5

Re: $45 per look up

said by Trimline:

Wow, I don't blame them. Who is going to cover that expense?

TWC is spot on.
Sounds like an inflated number to me. 1 clerk for 5 mins to use a database tool and fill out a form shouldn't cost $45. Maybe $5.
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stbrandon

@charter.com

Re: $45 per look up

No that sounds about right. The request has to go through a few different channels and those channels are figured into the CBA. Try a legal team, then a database supervisor, then a clerk. That's being short on the steps more than likely.

niksscun

@rr.com
These "clerks," as you call them, have other jobs besides looking up DHCP leases for law firms. So in order for TWC to process requests for these people, and others like them, they'd have to hire people to keep up.

Other people that do research and investigations for private law firms don't do it for cheap or free, so why should TWC do it for cheap or free?

Not to mention, $45 probably is fairly cheap for a law firm to get some research done.

cdru
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Re: $45 per look up

said by niksscun :

Not to mention, $45 probably is fairly cheap for a law firm to get some research done.
$45 * 5000 adds up though.

Jim Kirk
Premium
join:2005-12-09
said by Linklist:

said by Trimline:

Wow, I don't blame them. Who is going to cover that expense?

TWC is spot on.
Sounds like an inflated number to me. 1 clerk for 5 mins to use a database tool and fill out a form shouldn't cost $45. Maybe $5.
Hmm... Who should we believe - you, or the company who says it costs them $45 per lookup?
Kearnstd
Elf Wizard
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TWC should charge any copyright group 10k per lookup that does not come with a court order. i bet that would make them think closer about their minuscule proof.
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Tomek
Premium
join:2002-01-30
Valley Stream, NY

So how can I do it?

So let's say I know some cute girl by her IP address, can I just call Verizon, say she download my copyrighted picture and get her address?
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Camelot One
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Re: So how can I do it?

said by Tomek:

So let's say I know some cute girl by her IP address, can I just call Verizon, say she download my copyrighted picture and get her address?
You'd have to file a john (or jane) doe lawsuit alleging copyright infringement, then issue a subpoena. But yes, given the complete lack of proof required to get the subpoena, you could do exactly that.

Tomek
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Valley Stream, NY

Re: So how can I do it?

I can see lots of criminal business opened up based just on that.
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Camelot One
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Re: So how can I do it?

said by Tomek:

I can see lots of criminal business opened up based just on that.
You mean like "US Copyright Group" ?

Tomek
Premium
join:2002-01-30
Valley Stream, NY

Re: So how can I do it?

Yes,
but would fit pedophiles, burglars,and identity theft people in there.
How easy it would be to look up name and billing address with just IP address.
--
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skurfa

join:2006-03-10
Yorktown, VA

Which is one of many reasons why..

Even if Verizon Wireless has better coverage, I will never put a penny in their coffers. I will however be enjoying an EVO 4G in 3 days.
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jap
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1 edit

Re: Which is one of many reasons why..

said by skurfa:

Even if Verizon Wireless has better coverage, I will never put a penny in their coffers.
My brother-in-law holds the same conviction. They've just bought a house where his current provider doesn't cover and he won't even look at VZ's products, plans or coverage in the region. He's always hated them on policy & practice grounds and I've heard him say it any number of times but am still impressed at his depth of conviction whilst shopping in a tough service area.

A900MHz Fan

join:2004-07-12
Mitchell, SD

Perhaps...

I say TWC should charge $5 per look up more than what is charged by the group to the customer to forget about the infringement.

Neal

Anonymous_
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Re: Perhaps...

said by A900MHz Fan:

I say TWC should charge $5 per look up more than what is charged by the group to the customer to forget about the infringement.

Neal
no they should charge them a Value added Fee $10,000 per look up

gatorkram
Need for Speed
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Winterville, NC
kudos:2

How is this even legal?

I don't understand how this is even legal.

Company X hires company Y to "investigate" copyright infringement..

I could swear that was the job of some government agencies...

And then....

They send you a letter, saying you broken the law, and violated their copyright, and offer to settle...

Again, how is this legal?
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Linklist
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Re: How is this even legal?

said by gatorkram:

I don't understand how this is even legal.

Company X hires company Y to "investigate" copyright infringement..

I could swear that was the job of some government agencies...

And then....

They send you a letter, saying you broken the law, and violated their copyright, and offer to settle...

Again, how is this legal?
It is a CIVIL procedure and not a criminal one. So, it isn't the job of the government.
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RARPSL

join:1999-12-08
Suffern, NY

Re: How is this even legal?

said by Linklist:

It is a CIVIL procedure and not a criminal one.
IMO: It IS a Criminal (as in Protection Racket) Proceeding. IOW: Pay us our protection fee or we will sue you.

cdru
Go Colts
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Re: How is this even legal?

said by RARPSL:

IMO: It IS a Criminal (as in Protection Racket) Proceeding. IOW: Pay us our protection fee or we will sue you.
Almost all civil proceedings have some type of a settlement process before it goes to trial. Neither side usually wants to go to trial and risk losing.

A protection racket is when you have done nothing wrong and someone tells you to pay up "or else". In this case, the law firm has suspicion that copyright infringement was committed. I would imagine that in many cases, the accusations are true. Maybe not all, but many.

gatorkram
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said by Linklist:

said by gatorkram:

I don't understand how this is even legal.

Company X hires company Y to "investigate" copyright infringement..

I could swear that was the job of some government agencies...

And then....

They send you a letter, saying you broken the law, and violated their copyright, and offer to settle...

Again, how is this legal?
It is a CIVIL procedure and not a criminal one. So, it isn't the job of the government.
Really? I could swear you go in front of a Judge....

So just anyone can walk around, and do investigates, and get judgments now in civil proceedings? Wow....

I don't think that's how it works at all..

This is pretty much back alley blackmailing...
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Linklist
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Re: How is this even legal?

said by gatorkram:

said by Linklist:

It is a CIVIL procedure and not a criminal one. So, it isn't the job of the government.
Really? I could swear you go in front of a Judge....

So just anyone can walk around, and do investigates, and get judgments now in civil proceedings? Wow....

Civil proceedings still have judges. And yes, just about anybody can sue anybody in civil court if you can claim you were damaged in some way. Few cases are ever prevented from being filed.
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jap
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Re: How is this even legal?

If it's deemed a pay or else scheme then it's criminal. Courts may well rule as a scare racket due to scope and the appearance of, if not demonstrable fact, a law firm's business model rather than the impetus of the "harmed".

Linklist
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Re: How is this even legal?

said by jap:

If it's deemed a pay or else scheme then it's criminal. Courts may well rule as a scare racket due to scope and the appearance of, if not demonstrable fact, a law firm's business model rather than the impetus of the "harmed".
Don't hold your breath on a court ruling against lawyers suing people and deciding that is a criminal enterprise. Sometimes people forget that judges are also lawyers and rarely rule against lawyers suing. That would stop the gravy train. Judges are part of the whole lawsuit racket.
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jap
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Re: How is this even legal?

As you already know, a judge cannot from the bench of a civil case pass a criminal verdict. They do, however, rule & pass opinion that greatly biases later cases, be they counter suits, criminal investigations, or legislative review.

said by Linklist:

Sometimes people forget that judges are also lawyers and rarely rule against lawyers suing.
Sometimes you willfully posit logical fallacies in suggestive terms for some ideological (or profit) end. Judges rule against filing lawyers all the time.

Linklist
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Longport, NJ
kudos:5

Re: How is this even legal?

said by jap:

As you already know, a judge cannot from the bench of a civil case pass a criminal verdict. They do, however, rule & pass opinion that greatly biases later cases, be they counter suits, criminal investigations, or legislative review.

said by Linklist:

Sometimes people forget that judges are also lawyers and rarely rule against lawyers suing.
Sometimes you willfully posit logical fallacies in suggestive terms for some ideological (or profit) end. Judges rule against filing lawyers all the time.
And sometimes you don't know what you are talking about.
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Stumbles

join:2002-12-17
Port Saint Lucie, FL
Actually I think it is the responsibility of the copyright holder and not a government agency to ensure their material is being used as they want.
Mr Matt

join:2008-01-29
Eustis, FL
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Reviews:
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Time for revised TOS.

ISP's should add the following conditions to their TOS:

1) Any organization requesting the IP Address assigned to a customer during a particular time frame will pay the ISP a fee of $100.00.

2) Before information is provided to the inquiring organization the customer will be notified as to the nature of the inquiry and what information will be given to the inquiring organization if the customer does not respond.

3) The customer would be given Thirty Days to respond. Information would not be divulged to the inquiring party if the customer demands that the inquiring party provide a valid subpoena.

4) The customer would have the right to inquire as to what type of data the inquiring party is claiming that the customer shared. This would allow the customer to determine if the allegation that the inquiring organizations has made, is valid.

cdru
Go Colts
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join:2003-05-14
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Re: Time for revised TOS.

said by Mr Matt:

ISP's should add the following conditions to their TOS:

1) Any organization requesting the IP Address assigned to a customer during a particular time frame will pay the ISP a fee of $100.00.
Most ISPs already have something to that effect. For instance, here's Verizon's fees.

2) Before information is provided to the inquiring organization the customer will be notified as to the nature of the inquiry and what information will be given to the inquiring organization if the customer does not respond.
It's not up to the company to legally decide if the customers response does or does not warrant releasing the information. That's for a court to decide.

3) The customer would be given Thirty Days to respond. Information would not be divulged to the inquiring party if the customer demands that the inquiring party provide a valid subpoena.
It's easy to get a valid subpoena even with very minimal information. And in this case, US Copyright Group is issuing subpoenas and informing customers before providing the data although it's not 30 days.

4) The customer would have the right to inquire as to what type of data the inquiring party is claiming that the customer shared. This would allow the customer to determine if the allegation that the inquiring organizations has made, is valid.
Verizon doesn't know nor care. They are just passing on the legal request. Again, they aren't in a position to judge whether or not the data is valid or legally sufficient. That is for a court to decide.

AlexNYC

join:2001-06-02
Edwards, CO

Comcast?

I wonder what did Comcast do?
Joe12345678

join:2003-07-22
Des Plaines, IL

Re: Comcast?

said by AlexNYC:

I wonder what did Comcast do?
try to make some more media comcast only

LightS
Premium
join:2005-12-17
Greenville, TX

TWC

way to stick your ground.. you may be getting bashed, but hold your ground.. our privacy means more than you know!

Scree
In the pipe 5 by 5

join:2001-04-24
Mount Laurel, NJ

good

whew, good thing fios isn't in my area anyway, will now avoid them someday. lol
dpp3530

join:2002-11-02
Bethel Park, PA

Re: good

What does Time Warner have to do with FiOS? I didn't see Verizon mentioned in the article.

Koil
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Irmo, SC
kudos:1

Re: good

said by dpp3530:

What does Time Warner have to do with FiOS? I didn't see Verizon mentioned in the article.
quote:
Meanwhile, Verizon apparently has no such concerns -- and Techdirt directs our attention to the fact that Verizon is one of several ISPs busily handing over the names of those who shared copies of the Oscar-winning film The Hurt Locker.
Yeah, me either
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said by dpp3530:

What does Time Warner have to do with FiOS? I didn't see Verizon mentioned in the article.
You really didn't see where it clearly says "Meanwhile, Verizon apparently has no such concerns -- and Techdirt directs our attention to the fact that Verizon is one of several ISPs busily handing over the names of those who shared copies of the Oscar-winning film The Hurt Locker."
lvbeagle

join:2010-02-13
Las Vegas, NV

I'm not a lawyer.. but isn't this covered by the RICO act?

As an ex ISP network engineer, I agree with TWC. I was one of the guys that had to take copyright notice/complaints, convert them to GMT, look up the subscriber name in the radius logs, document, double check, document, report info, forward copy to legal dept., (and in the case of MPAA complaints, contact the subscriber to comply with DMCA safe harbor provisions), etc.,.. It wasted at least 30 minutes per complaint. (MPAA took considerably longer but at least they were lawsuit happy like the RIAA).
This is time that I should have been spending on solving escalated trouble tickets, maintaining/upgrading the network and servers, reviewing server/firewall logs, ie network engineer stuff, etc., etc,..
Compensation to my employer for my wasted time: $0 .
And the last time I checked,
Amount of money RIAA gives to the infringed artist upon successful extortion: $0

Someone please invoke RICO and shut the RIAA down..

clickwir

join:2001-06-21
Dickson City, PA

RE: US Copyright Group Slams Time Warner Cable

"US Copyright Group Slams Time Warner Cable"

I saw Hulk Hogan SLAM someone once.... this just seems to be a bunch of text. I don't see any slamming going on.
Stumbles

join:2002-12-17
Port Saint Lucie, FL

ha ha

The US Copyright Group is crying because TWC does not want to join in on their racketeering scheme. Unfortunately, I think TWC will eventually cave in before they are issued a subpoena.

astroboi

@rr.com

New business model

We have been saying for years that the movie business needs a new business model. Maybe they have found it. They, and anybody who ever "created" anything. Anyone who ever wrote a book, drew a picture, wrote a tune, or coded a useless app can now sell the rights to sue people and make money. Just get a shill to seed your creation and wait for p2p to do the rest. Your creation need not be worth beans; as long as a few thousand folks download it out of curiosity, you have $300-$1000 per sucker, courtesy of the U. S. Govt!

If you think more "creative minds" won't jump on the bandwagon if Uwe and Voltage pictures are successful, you are kidding yourself. By then our ISPs will jack up their prices to pay for the additional work they must do to catch you and taxes will go up to pay for all the extra fiddling our screwed up courts must do. We will all be paying big bucks so Uwe and friends can snatch a few dollars for themselves. And they won't change the law because the big movie companies will not stand for it.

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