I was really excited a few weeks ago when notified that my application to volunteer at the Byron Bay Blues Festival had been accepted. Unfortunately due to work commitments I am now unable to attend for the full five days however I have been lucky enough to secure a ticket for Easter Sunday to see, among many other fine musicians, the John Butler Trio, Blue King Brown and Paul Kelly.
The Byron Bay Blues Festival is celebrating its 20th Anniversary this year - I have been a few times before and have long thought it to be one of the best music festivals in Australia. I first saw Ben Harper play there about ten years ago - he is playing again this year, but unfortunately not on the day I am attending.
This festival often has musicians with a political message - the John Butler Trio are well known for their songs 'Treat Yo Mama' and 'The Gov Did Nothing', Blue King Brown's debut album 'Stand Up' is full of songs with a political message such as 'Come and Check Your Head' and 'Comin' Thru', Ben Harper's 'With My Own Two Hands' and Paul Kelly's 'From Little Things Big Things Grow' are all tracks that I played many times on my political music program.
Check out the program for the Blues Festival here and come a long if you can - it will be a magnificent week of music! I think volunteer applications are still being taken for those that cant afford to pay the entry fee.
see you there
Sally
Sunday, February 22, 2009
Tuesday, February 3, 2009
Developments in the Digital Music Environment 2008
Here is a link to download the complete summary of developments in the digital music environment in 2008 - this was put together from the Year in Review series I posted late last year but includes additional material and is up to date right to the end of the year.
Developments in the Digital Music Environment 2008
I have prepared a summary like this for quite a few years now (although this is the first one I have published) let me just say that it takes longer than you might think!
If you use any of this research in a formal way I would be really pleased if you could let me know: oca [at] westnet.com.au.
thanks
Sal
[to download, select link then scroll down the page to the File Factory Basic Service and select 'Download with File Factory Basic'.]
Developments in the Digital Music Environment 2008
I have prepared a summary like this for quite a few years now (although this is the first one I have published) let me just say that it takes longer than you might think!
If you use any of this research in a formal way I would be really pleased if you could let me know: oca [at] westnet.com.au.
thanks
Sal
[to download, select link then scroll down the page to the File Factory Basic Service and select 'Download with File Factory Basic'.]
Sunday, February 1, 2009
3 Strikes. You’rree OUT!
This month has seen the momentum build on graduated response strategies in many parts of the world so I thought I’d take the chance to write a little on what’s been happening and examine some of the issues that have already begun to emerge.
New Zealand
In 2008 the New Zealand Government enacted Section 92 of New Zealand's Copyright (New Technologies) Amendment Act which will take effect at the end of February 2009. The provision states:
(1) An Internet service provider must adopt and reasonably implement a policy that provides for termination, in appropriate circumstances, of the account with that Internet service provider of a repeat infringer.
(2) In subsection (1), repeat infringer means a person who repeatedly infringes the copyright in a work by using 1 or more of the Internet services of the Internet service provider to do a restricted act without the consent of the copyright owner.
The obligation is thus placed on ISPs to comply with the law regardless of the standard of evidence presented to them. While users may be able to sue the ISP for breach of contract in the event of a wrongful disconnection (depending on the specifics of the terms and conditions of the license agreement they enter into), ISPs are essentially forced to act to avoid prosecution by the content industry.
The Telecommunications Carriers Forum has referred to the law as ‘deeply flawed...’ and despite lobbying by musicians, the New Zealand Government has refused to reverse or delay the introduction of the law preferring to wait to assess the impact once it has been implemented.
France and the EU
France was the first country in the world to consider the implementation of a three strikes policy (graduated response policy) with respect to file sharers. France also set up the High Authority for the Distribution of Works and the Protection of Rights on the Internet (La Haute Autoritѐ pur la diffusion des oeuvres et la protection des droits sur internet, or HADOPI).
In October 2008 the European Parliament rejected the idea of an EU wide implementation of a three strikes policy. The EU Parliament instead voted to approve an amendment that recognises users right to privacy and civil rights through Amendment 138.
The vote was 314 against a three strikes policy and 297 in favour and the Amendment to the Bono Report on Cultural Industries was approved. The introduction of a three strikes policy was therefore possible only at the discretion of individual member countries.
However in December 2008 the French President Nicolas Sarkozy, who holds the European Council Presidency, had the amendment stripped from the final version of the legislation. He initially filed a complaint with the European Commission which was denied before taking the issue up with the EU’s Telecommunications Ministers who agreed to remove the amendment.
Italy
Recent reports indicate that Italy is also considering the introduction of a three strikes policy with the Italian Ministry of Culture signing an agreement with French officials agreeing to cooperate on anti-piracy issues.
England
In January this year the draft of a report, Digital Britain, was released which advocates the introduction of legislation to address the implementation of a three strikes policy in England. The report advocates legislating a three strikes code which will include the obligation to forward warning notices (currently undertaken through a voluntary Memorandum of Understanding), and would also make provisions for appeals and the standard of evidence. While there is scope to include additional sanctions at a later stage there is no suggestion at this stage of disconnecting repeat offenders. However the interim report does refer to the need to undertake targeted lawsuits against repeat offenders stating that ISPs should be required to assist with the identification of repeat copyright offenders and release personal details of account holders on receipt of a court order. Research suggests that a letter writing campaign on its own will not deter 37% of downloaders and preliminary reports from BPI suggest that the current letter writing campaign is not have the desired effect.
Ireland – Eircom
In January 2009 the Irish ISP Ericom settled a case with the IFPI by agreeing to implement a three strikes policy for file sharers which includes disconnection for repeat offenders. Under pressure to implement network filtering solutions and in the face of evidence that employees had joked about piracy on its network, the ISP sought to settle the dispute rather than risk secondary copyright liability. The recording industry subsequently announced an intention to seek similar agreements with other Irish internet service providers.
USA
In December 2008 the Recording Industry Association of America announced that it would no longer be suing individual file sharers seeking instead to work cooperatively with ISPs on a three strikes policy. At this stage no details have been released as to the nature of the scheme or whether this will include disconnections nor is it clear which ISPs, if any (rumours suggest AT&T and Comcast will cooperate), have agreed to participate in the scheme.
Emerging Issues
Of major concern is the reliability of IP addresses as a means to identify infringers. Some file sharing networks include fake IP addresses to help mask the identity of file sharers, and research has shown that current investigation methods are unreliable which creates concerns that innocent people will be unfairly targeted and those on two strikes who have reformed their behaviour may be disconnected on the basis of incorrect information.
Dynamic IP addresses have already proved to be problematic in the context of lawsuits for copyright infringement and while in real terms there was limited opportunity for courts to review the evidence (with most accused unable to afford to defend themselves in court) there was at least an established review mechanism in place. As was evident from the lawsuit campaign such strategies also fail to take into consideration that many internet accounts may have multiple users. With the introduction of graduated response policies there has been very little attention given to the establishment of mechanisms through which unfairly and wrongly targeted individuals may seek redress or compensation. This lack of due process opens up the possibility of abuse.
To whom the law or policies that are developed apply is also of concern. Whilst most people reading articles or hearing about these measures would most commonly reflect on the impact of commercial service providers, in effect these changes may impact on a far wider sector including universities, schools, libraries and businesses. These entities provide internet access and by definition can fall within the scope of internet service providers.
The impact on internet service providers is likely to be onerous. The independence of telecommunications service providers is of fundamental importance to the maintenance of a democratic society. By placing the burden on this sector there becomes a real potential for expansion of surveillance. The costs associated with the administrative implementation of a three strikes scheme is also of significance. If ISPs are required to employ additional staff to undertake reviews of logs, send out letters and respond to complaints this will drive up the cost of internet access for all consumers not just those breaking the law.
Questions also remain as to how long users will be disconnected, whether a centralised record will be maintained as to who has been disconnected and whether consumers will be required to pay out contracts for internet access which in some cases may be as long as a fixed two year period.
By far the most onerous result for countries that elect to pursue disconnection is the social impact of users losing their internet accounts. The potential loss of service may prevent access to many basic services including telephone, banking, government services, and for students may prevent educational research and study.
Further Reading
ZeroPaid, FAST Supports New Zealand's Three-Strikes Plan for File-Sharers (13 January 2009) <http://www.zeropaid.com/news/9954/FAST+Supports+New+Zealand%27s+Three-Strikes+Plan+for+File-Sharers> at 15 January 2009
TechDirt, New Zealand Gov't Refuses To Remove 'Guilt Upon Accusation' Clause In Copyright Act (30 January 2009) <http://www.techdirt.com/articles/20090129/1940383575.shtml> at 31 January 2009
NZ Herald, ISPs tread risky path with new rules on piracy (9 January 2009) <http://www.nzherald.co.nz/technology/news/article.cfm?c_id=5&objectid=10551079> at 12 January 2009
TechDirt, Musicians In New Zealand Protesting 'Guilt Upon Accusation' Plan (6 January 2009) <http://www.techdirt.com/articles/20090105/1232323289.shtml> at 7 January 2009
ArsTechnica, Kiwis rally opposition to NZ copyright bill (6 January 2009) <http://arstechnica.com/news.ars/post/20090106-kiwis-rally-opposition-to-nz-copyright-bill.html> at 7 January 2009
NetGuide, Petition to fight copyright law change (5 January 2009) <http://www.netguide.co.nz/index.php?option=com_content&task=view&id=849&Itemid=16> at 7 January 2009
Digital Music News, Sarkozy Starts Selling Three Strikes to Europe... (7 July 2008) <http://www.digitalmusicnews.com/stories_old/070708france> at 9 July 2008
ZeroPaid, French RIAA Announces Deadline to Ban File-Sharers from the Internet (8 May 2008) <http://www.zeropaid.com/news/9477/French+RIAA+Announces+Deadline+to+Ban+File-Sharers+from+the+Internet> at 10 May 2008
Digital Music News, European Parliament Rejects Three Strikes Proposal (26 September 2008) <http://www.digitalmusicnews.com/stories/092508eu> at 5 October 2008
TechDirt, European Parliament Rejects Laws Kicking File Sharers Off The Internet (25 September 2008) <http://www.techdirt.com/articles/20080925/1522352377.shtml> at 26 September 2008
Digital Music News, European Lawmakers Question French ISP Monitoring, Enforcement (14 April 2008) <http://www.digitalmusicnews.com/stories/041308EU> at 17 April 2008
EFF Deeplinks, EU Politicians Strike Back Against Three Strikes (7 April 20080 <http://www.eff.org/deeplinks/2008/04/eu-politicians-strikes-back-against-three-strikes> at 13 April 2008
ZeroPaid, European Parliament Rejects Plans to Disconnect File Sharers (11 April 2008) <http://www.zeropaid.com/news/9398/European+Parliament+Rejects+Plan+to+Disconnect+File-Sharers> at 13 April 2008
BBC News, Europe rejects anti-piracy plans (11 April 2008)
<http://news.bbc.co.uk/2/hi/technology/7342135.stm> at 13 April 2008
TechDirt, European Parliament Rejects IFPI Plan To Make ISPs Copyright Cops (10 April 2008) <http://www.techdirt.com/articles/20080410/165146815.shtml> at 13 April 2008
ZeroPaid, New Euro Telecom Package Paves the Way for France's '3 Strikes' Law (2 December 2008) <http://www.zeropaid.com/news/9867/New+Euro+Telecom+Package+Paves+the+Way+for+France%27s+%273-Strikes%27+Law> at 3 December 2008
TechDirt, European Council Rejects EU Parliament's Amendment Against Three Strikes Rule (2 December 2008) <http://www.techdirt.com/articles/20081201/0245052983.shtml> at 3 December 2008
ZeroPaid, Entertainment Industry Trying to Sneak 'Three Strikes Law' into EU? (25 November 2008) <http://www.zeropaid.com/news/9855/Entertainment+Industry+Trying+to+Sneak+%27Three+Strikes%27+Law+into+EU%3F> at 26 November 2008
TechDirt, Three Strikes Rule May Sneak Into EU Law, Despite Earlier Rejection (21 November 2008) <http://www.techdirt.com/articles/20081120/0305392897.shtml> at 23 November 2008
The Register, Academics warn of EU 'three strikes back door plan' (19 November 2008) <http://www.theregister.co.uk/2008/11/19/eu_three_strikes_warning/> at 21 November 2008
ZeroPaid, New Euro Telecom Package Paves the Way for France's '3 Strikes' Law (2 December 2008) <http://www.zeropaid.com/news/9867/New+Euro+Telecom+Package+Paves+the+Way+for+France%27s+%273-Strikes%27+Law> at 3 December 2008
TechDirt, Italian Politicians Look To Push Through French-Style 3 Strikes Law (21 January 2009) <http://www.techdirt.com/articles/20090121/0834043477.shtml> at 24 January 2009
TorrentFreak, Italy to Follow French 3 Strikes Model for P2P (21 January 2009) <http://torrentfreak.com/italy-to-follow-french-3-strikes-model-for-p2p-090121/ > at 31 January 2009
The Register, Digital Britain: A tax, a quango and ISP Snooping (29 January 2009) <http://www.theregister.co.uk/2009/01/29/digital_britain_tax_quango_and_enforcement/> at 31 January 2009
ArsTechnica, "Digital Britain" to legislate graduated response for ISPs (29 January 2009) <http://arstechnica.com/tech-policy/news/2009/01/digital-britain-will-legislate-graduated-response-for-isps.ars> at 31 January 2009
Digital Music News, The Piracy Riddle: Interim Digital Britain Report Emerges... (30 January 2009) <http://www.digitalmusicnews.com/stories/012909digital> at 31 January 2009
TechDirt, UK Gov't Insists That File Sharers Won't Be Kicked Off The Internet (27 January 2009) <http://www.techdirt.com/articles/20090126/1848153538.shtml> at 28 January 2009
ArsTechnica, UK official: ISP disconnection not part of "3 strikes" plan (26 January 2009) <http://arstechnica.com/tech-policy/news/2009/01/uk-official-isp-disconnection-not-part-of-3-strikes-plan.ars> at 28 January 2009
ZeroPaid, No -'3-Strikes' for UK File-Sharing Pirates (26 January 2009) <http://www.zeropaid.com/news/9975/No+%273-Strikes%27+for+UK+File-Sharing+Pirates> at 28 January 2009
ZeroPaid, UK ISPs Oppose File-Sharing Regulations (26 January 2009) <http://www.zeropaid.com/news/9978/UK+ISPs+Oppose+File-Sharing+Regulations> at 28 January 2009
Times, Music pirates will not be disconnected from the internet (26 January 2009) <http://entertainment.timesonline.co.uk/tol/arts_and_entertainment/music/article5586761.ece> at 28 January 2009
Digital Music News, The Disconnect on Disconnections: British Cut-Offs Appear Unlikely... (27 January 2009) <http://www.digitalmusicnews.com/stories/012609disconnect> at 28 January 2009
Digital Music News, BPI: Letter-Writing Campaign Not Getting Desired Results (20 January 2009) <http://digitalmusicnews.com/stories/011909isps> at 21 January 2009
TechDirt, UK Government To Force ISPs To Become Copyright Cops (19 January 2009) <http://www.techdirt.com/articles/20090116/0957263441.shtml> at 21 January 2009
Slyck, No Consensus Reached in UK P2P 'Problem' (15 January 2009) <http://www.slyck.com/story1821_No_Consensus_Reached_in_UK_P2P_Problem> at 21 January 2009
The Register, UK.gov 'to create anti-net piracy agency' (16 January 2009) <http://www.theregister.co.uk/2009/01/16/carter_anti_piracy_agency/> at 21 January 2009
Financial Times, Internet piracy regulations planned for UK (16 January 2009) <http://www.ft.com/cms/s/0/48141a1a-e35c-11dd-a5cf-0000779fd2ac.html?nclick_check=1> at 19 January 2009
The Register, UK.gov prepares for filesharing fracas (15 January 2009) <http://www.theregister.co.uk/2009/01/15/berr_p2p_consultation_responses/> at 19 January 2009
Digital Music News, Big Precedent: Irish ISP Adopting Three Strikes... (30 January 2009) <http://www.digitalmusicnews.com/stories/012909eircom> at 31 January 2009
TechDirt, Irish ISP Accused Of Copyright Violations Agrees To Implement Three Strikes (29 January 2009) <http://www.techdirt.com/articles/20090128/1855013560.shtml> at 31 January 2009
ZeroPaid, Irish ISP Agrees to Three-Strikes Policy For File-Sharers (29 January 2009) <http://www.zeropaid.com/news/9984/Irish+ISP+Agrees+to+Three-Strikes+Policy+for+File-Sharers> at 31 January 2009
Irish Times, Internet users face shutdown over illegal music downloads (29 January 2009) <http://www.irishtimes.com/newspaper/frontpage/2009/0129/1232923373331.html> at 30 January 2009
EFF Deeplinks, Irish ISP Agrees to Three Strikes Against Its Customers (28 January 2009) <http://www.eff.org/deeplinks/2009/01/irish-isp-agrees-three-strikes-against-its-users> at 30 January 2009
ArsTechnica, Irish ISP agrees to disconnect repeat P2P users (29 January 2009) <http://arstechnica.com/telecom/news/2009/01/irish-isp-agrees-to-disconnect-repeat-p2p-users.ars> at 29 January 2009
TechDirt, AT&T And Comcast Willing To Cut Off File Sharers (28 January 2009) <http://www.techdirt.com/articles/20090128/1543013559.shtml> at 30 January 2009
Digital Music News, RIAA Negotiations Continue... Disconnections Still Improbable (29 January 2009) <http://www.digitalmusicnews.com/stories/012809riaa> at 30 January 2009
CNet News, RIAA drops lawsuits; ISPs to battle file sharing (19 December 2008) <http://news.cnet.com/8301-1023_3-10126914-93.html> at 29 January 2009
The Star, The music industry's digital reversal (12 January 2009) <http://www.thestar.com/sciencetech/article/569203> at 15 January 2009
Digital Music News, The RIAA Story: Yet Another Hole Appears... (13 January 2009) <http://www.digitalmusicnews.com/stories/011208riaa> at 15 January 2009
TechDirt, No One Can Find ISPs Who Have Agreed To RIAA's 3 Strikes Plan (6 January 2009) <http://www.techdirt.com/articles/20090105/1639523290.shtml> at 7 January 2009
ZeroPaid, Major ISPs Deny Plans to Help RIAA (6 January 2009) <http://www.zeropaid.com/news/9944/Major+ISPs+Deny+Plans+to+Help+RIAA+Disconnect+File-Sharers> at 7 January 2009
Digital Music News, Any There There? RIAA Agreements Remain Flimsy, Unconfirmed... (4 January 2009) <http://www.digitalmusicnews.com/stories/122208riaa/view> at 5 January 2009
EFF Deeplinks, Laser Printers Found Guilty of "Making Available" Crimes (5 June 2008) <http://www.eff.org/deeplinks/2008/06/laser-printers-found-guilty-making-available-crime> at 13 June 2008
ZeroPaid, STUDY: BitTorrent Users Prone to False Copyright Infringement Claims (6 June 2008) <http://www.zeropaid.com/news/9535/STUDY%3A+BitTorrent+Users+Prone+to+False+Copyright+Infringement+Claims> at 7 June 2008;
TechDirt, Would You Believe Copyright Infringement Notices Are Based On Faulty Information? (5 June 2008) <http://www.techdirt.com/articles/20080605/1227001318.shtml> at 7 June 2008;
ArsTechnica, Study paints grim picture of automated P2p enforcement (5 June 2008) <http://arstechnica.com/news.ars/post/20080605-study-paints-grim-picture-of-automated-dmca-notice-accuracy.html> at 6 June 2008
ArsTechnica, 37% of P2P users say they'll ignore disconnection threats (18 January 2009) <http://arstechnica.com/news.ars/post/20090118-37-of-p2p-users-say-theyll-ignore-disconnection-threats.html> at 21 January 2009
New Zealand
In 2008 the New Zealand Government enacted Section 92 of New Zealand's Copyright (New Technologies) Amendment Act which will take effect at the end of February 2009. The provision states:
(1) An Internet service provider must adopt and reasonably implement a policy that provides for termination, in appropriate circumstances, of the account with that Internet service provider of a repeat infringer.
(2) In subsection (1), repeat infringer means a person who repeatedly infringes the copyright in a work by using 1 or more of the Internet services of the Internet service provider to do a restricted act without the consent of the copyright owner.
The obligation is thus placed on ISPs to comply with the law regardless of the standard of evidence presented to them. While users may be able to sue the ISP for breach of contract in the event of a wrongful disconnection (depending on the specifics of the terms and conditions of the license agreement they enter into), ISPs are essentially forced to act to avoid prosecution by the content industry.
The Telecommunications Carriers Forum has referred to the law as ‘deeply flawed...’ and despite lobbying by musicians, the New Zealand Government has refused to reverse or delay the introduction of the law preferring to wait to assess the impact once it has been implemented.
France and the EU
France was the first country in the world to consider the implementation of a three strikes policy (graduated response policy) with respect to file sharers. France also set up the High Authority for the Distribution of Works and the Protection of Rights on the Internet (La Haute Autoritѐ pur la diffusion des oeuvres et la protection des droits sur internet, or HADOPI).
In October 2008 the European Parliament rejected the idea of an EU wide implementation of a three strikes policy. The EU Parliament instead voted to approve an amendment that recognises users right to privacy and civil rights through Amendment 138.
The vote was 314 against a three strikes policy and 297 in favour and the Amendment to the Bono Report on Cultural Industries was approved. The introduction of a three strikes policy was therefore possible only at the discretion of individual member countries.
However in December 2008 the French President Nicolas Sarkozy, who holds the European Council Presidency, had the amendment stripped from the final version of the legislation. He initially filed a complaint with the European Commission which was denied before taking the issue up with the EU’s Telecommunications Ministers who agreed to remove the amendment.
Italy
Recent reports indicate that Italy is also considering the introduction of a three strikes policy with the Italian Ministry of Culture signing an agreement with French officials agreeing to cooperate on anti-piracy issues.
England
In January this year the draft of a report, Digital Britain, was released which advocates the introduction of legislation to address the implementation of a three strikes policy in England. The report advocates legislating a three strikes code which will include the obligation to forward warning notices (currently undertaken through a voluntary Memorandum of Understanding), and would also make provisions for appeals and the standard of evidence. While there is scope to include additional sanctions at a later stage there is no suggestion at this stage of disconnecting repeat offenders. However the interim report does refer to the need to undertake targeted lawsuits against repeat offenders stating that ISPs should be required to assist with the identification of repeat copyright offenders and release personal details of account holders on receipt of a court order. Research suggests that a letter writing campaign on its own will not deter 37% of downloaders and preliminary reports from BPI suggest that the current letter writing campaign is not have the desired effect.
Ireland – Eircom
In January 2009 the Irish ISP Ericom settled a case with the IFPI by agreeing to implement a three strikes policy for file sharers which includes disconnection for repeat offenders. Under pressure to implement network filtering solutions and in the face of evidence that employees had joked about piracy on its network, the ISP sought to settle the dispute rather than risk secondary copyright liability. The recording industry subsequently announced an intention to seek similar agreements with other Irish internet service providers.
USA
In December 2008 the Recording Industry Association of America announced that it would no longer be suing individual file sharers seeking instead to work cooperatively with ISPs on a three strikes policy. At this stage no details have been released as to the nature of the scheme or whether this will include disconnections nor is it clear which ISPs, if any (rumours suggest AT&T and Comcast will cooperate), have agreed to participate in the scheme.
Emerging Issues
Of major concern is the reliability of IP addresses as a means to identify infringers. Some file sharing networks include fake IP addresses to help mask the identity of file sharers, and research has shown that current investigation methods are unreliable which creates concerns that innocent people will be unfairly targeted and those on two strikes who have reformed their behaviour may be disconnected on the basis of incorrect information.
Dynamic IP addresses have already proved to be problematic in the context of lawsuits for copyright infringement and while in real terms there was limited opportunity for courts to review the evidence (with most accused unable to afford to defend themselves in court) there was at least an established review mechanism in place. As was evident from the lawsuit campaign such strategies also fail to take into consideration that many internet accounts may have multiple users. With the introduction of graduated response policies there has been very little attention given to the establishment of mechanisms through which unfairly and wrongly targeted individuals may seek redress or compensation. This lack of due process opens up the possibility of abuse.
To whom the law or policies that are developed apply is also of concern. Whilst most people reading articles or hearing about these measures would most commonly reflect on the impact of commercial service providers, in effect these changes may impact on a far wider sector including universities, schools, libraries and businesses. These entities provide internet access and by definition can fall within the scope of internet service providers.
The impact on internet service providers is likely to be onerous. The independence of telecommunications service providers is of fundamental importance to the maintenance of a democratic society. By placing the burden on this sector there becomes a real potential for expansion of surveillance. The costs associated with the administrative implementation of a three strikes scheme is also of significance. If ISPs are required to employ additional staff to undertake reviews of logs, send out letters and respond to complaints this will drive up the cost of internet access for all consumers not just those breaking the law.
Questions also remain as to how long users will be disconnected, whether a centralised record will be maintained as to who has been disconnected and whether consumers will be required to pay out contracts for internet access which in some cases may be as long as a fixed two year period.
By far the most onerous result for countries that elect to pursue disconnection is the social impact of users losing their internet accounts. The potential loss of service may prevent access to many basic services including telephone, banking, government services, and for students may prevent educational research and study.
Further Reading
ZeroPaid, FAST Supports New Zealand's Three-Strikes Plan for File-Sharers (13 January 2009) <http://www.zeropaid.com/news/9954/FAST+Supports+New+Zealand%27s+Three-Strikes+Plan+for+File-Sharers> at 15 January 2009
TechDirt, New Zealand Gov't Refuses To Remove 'Guilt Upon Accusation' Clause In Copyright Act (30 January 2009) <http://www.techdirt.com/articles/20090129/1940383575.shtml> at 31 January 2009
NZ Herald, ISPs tread risky path with new rules on piracy (9 January 2009) <http://www.nzherald.co.nz/technology/news/article.cfm?c_id=5&objectid=10551079> at 12 January 2009
TechDirt, Musicians In New Zealand Protesting 'Guilt Upon Accusation' Plan (6 January 2009) <http://www.techdirt.com/articles/20090105/1232323289.shtml> at 7 January 2009
ArsTechnica, Kiwis rally opposition to NZ copyright bill (6 January 2009) <http://arstechnica.com/news.ars/post/20090106-kiwis-rally-opposition-to-nz-copyright-bill.html> at 7 January 2009
NetGuide, Petition to fight copyright law change (5 January 2009) <http://www.netguide.co.nz/index.php?option=com_content&task=view&id=849&Itemid=16> at 7 January 2009
Digital Music News, Sarkozy Starts Selling Three Strikes to Europe... (7 July 2008) <http://www.digitalmusicnews.com/stories_old/070708france> at 9 July 2008
ZeroPaid, French RIAA Announces Deadline to Ban File-Sharers from the Internet (8 May 2008) <http://www.zeropaid.com/news/9477/French+RIAA+Announces+Deadline+to+Ban+File-Sharers+from+the+Internet> at 10 May 2008
Digital Music News, European Parliament Rejects Three Strikes Proposal (26 September 2008) <http://www.digitalmusicnews.com/stories/092508eu> at 5 October 2008
TechDirt, European Parliament Rejects Laws Kicking File Sharers Off The Internet (25 September 2008) <http://www.techdirt.com/articles/20080925/1522352377.shtml> at 26 September 2008
Digital Music News, European Lawmakers Question French ISP Monitoring, Enforcement (14 April 2008) <http://www.digitalmusicnews.com/stories/041308EU> at 17 April 2008
EFF Deeplinks, EU Politicians Strike Back Against Three Strikes (7 April 20080 <http://www.eff.org/deeplinks/2008/04/eu-politicians-strikes-back-against-three-strikes> at 13 April 2008
ZeroPaid, European Parliament Rejects Plans to Disconnect File Sharers (11 April 2008) <http://www.zeropaid.com/news/9398/European+Parliament+Rejects+Plan+to+Disconnect+File-Sharers> at 13 April 2008
BBC News, Europe rejects anti-piracy plans (11 April 2008)
<http://news.bbc.co.uk/2/hi/technology/7342135.stm> at 13 April 2008
TechDirt, European Parliament Rejects IFPI Plan To Make ISPs Copyright Cops (10 April 2008) <http://www.techdirt.com/articles/20080410/165146815.shtml> at 13 April 2008
ZeroPaid, New Euro Telecom Package Paves the Way for France's '3 Strikes' Law (2 December 2008) <http://www.zeropaid.com/news/9867/New+Euro+Telecom+Package+Paves+the+Way+for+France%27s+%273-Strikes%27+Law> at 3 December 2008
TechDirt, European Council Rejects EU Parliament's Amendment Against Three Strikes Rule (2 December 2008) <http://www.techdirt.com/articles/20081201/0245052983.shtml> at 3 December 2008
ZeroPaid, Entertainment Industry Trying to Sneak 'Three Strikes Law' into EU? (25 November 2008) <http://www.zeropaid.com/news/9855/Entertainment+Industry+Trying+to+Sneak+%27Three+Strikes%27+Law+into+EU%3F> at 26 November 2008
TechDirt, Three Strikes Rule May Sneak Into EU Law, Despite Earlier Rejection (21 November 2008) <http://www.techdirt.com/articles/20081120/0305392897.shtml> at 23 November 2008
The Register, Academics warn of EU 'three strikes back door plan' (19 November 2008) <http://www.theregister.co.uk/2008/11/19/eu_three_strikes_warning/> at 21 November 2008
ZeroPaid, New Euro Telecom Package Paves the Way for France's '3 Strikes' Law (2 December 2008) <http://www.zeropaid.com/news/9867/New+Euro+Telecom+Package+Paves+the+Way+for+France%27s+%273-Strikes%27+Law> at 3 December 2008
TechDirt, Italian Politicians Look To Push Through French-Style 3 Strikes Law (21 January 2009) <http://www.techdirt.com/articles/20090121/0834043477.shtml> at 24 January 2009
TorrentFreak, Italy to Follow French 3 Strikes Model for P2P (21 January 2009) <http://torrentfreak.com/italy-to-follow-french-3-strikes-model-for-p2p-090121/ > at 31 January 2009
The Register, Digital Britain: A tax, a quango and ISP Snooping (29 January 2009) <http://www.theregister.co.uk/2009/01/29/digital_britain_tax_quango_and_enforcement/> at 31 January 2009
ArsTechnica, "Digital Britain" to legislate graduated response for ISPs (29 January 2009) <http://arstechnica.com/tech-policy/news/2009/01/digital-britain-will-legislate-graduated-response-for-isps.ars> at 31 January 2009
Digital Music News, The Piracy Riddle: Interim Digital Britain Report Emerges... (30 January 2009) <http://www.digitalmusicnews.com/stories/012909digital> at 31 January 2009
TechDirt, UK Gov't Insists That File Sharers Won't Be Kicked Off The Internet (27 January 2009) <http://www.techdirt.com/articles/20090126/1848153538.shtml> at 28 January 2009
ArsTechnica, UK official: ISP disconnection not part of "3 strikes" plan (26 January 2009) <http://arstechnica.com/tech-policy/news/2009/01/uk-official-isp-disconnection-not-part-of-3-strikes-plan.ars> at 28 January 2009
ZeroPaid, No -'3-Strikes' for UK File-Sharing Pirates (26 January 2009) <http://www.zeropaid.com/news/9975/No+%273-Strikes%27+for+UK+File-Sharing+Pirates> at 28 January 2009
ZeroPaid, UK ISPs Oppose File-Sharing Regulations (26 January 2009) <http://www.zeropaid.com/news/9978/UK+ISPs+Oppose+File-Sharing+Regulations> at 28 January 2009
Times, Music pirates will not be disconnected from the internet (26 January 2009) <http://entertainment.timesonline.co.uk/tol/arts_and_entertainment/music/article5586761.ece> at 28 January 2009
Digital Music News, The Disconnect on Disconnections: British Cut-Offs Appear Unlikely... (27 January 2009) <http://www.digitalmusicnews.com/stories/012609disconnect> at 28 January 2009
Digital Music News, BPI: Letter-Writing Campaign Not Getting Desired Results (20 January 2009) <http://digitalmusicnews.com/stories/011909isps> at 21 January 2009
TechDirt, UK Government To Force ISPs To Become Copyright Cops (19 January 2009) <http://www.techdirt.com/articles/20090116/0957263441.shtml> at 21 January 2009
Slyck, No Consensus Reached in UK P2P 'Problem' (15 January 2009) <http://www.slyck.com/story1821_No_Consensus_Reached_in_UK_P2P_Problem> at 21 January 2009
The Register, UK.gov 'to create anti-net piracy agency' (16 January 2009) <http://www.theregister.co.uk/2009/01/16/carter_anti_piracy_agency/> at 21 January 2009
Financial Times, Internet piracy regulations planned for UK (16 January 2009) <http://www.ft.com/cms/s/0/48141a1a-e35c-11dd-a5cf-0000779fd2ac.html?nclick_check=1> at 19 January 2009
The Register, UK.gov prepares for filesharing fracas (15 January 2009) <http://www.theregister.co.uk/2009/01/15/berr_p2p_consultation_responses/> at 19 January 2009
Digital Music News, Big Precedent: Irish ISP Adopting Three Strikes... (30 January 2009) <http://www.digitalmusicnews.com/stories/012909eircom> at 31 January 2009
TechDirt, Irish ISP Accused Of Copyright Violations Agrees To Implement Three Strikes (29 January 2009) <http://www.techdirt.com/articles/20090128/1855013560.shtml> at 31 January 2009
ZeroPaid, Irish ISP Agrees to Three-Strikes Policy For File-Sharers (29 January 2009) <http://www.zeropaid.com/news/9984/Irish+ISP+Agrees+to+Three-Strikes+Policy+for+File-Sharers> at 31 January 2009
Irish Times, Internet users face shutdown over illegal music downloads (29 January 2009) <http://www.irishtimes.com/newspaper/frontpage/2009/0129/1232923373331.html> at 30 January 2009
EFF Deeplinks, Irish ISP Agrees to Three Strikes Against Its Customers (28 January 2009) <http://www.eff.org/deeplinks/2009/01/irish-isp-agrees-three-strikes-against-its-users> at 30 January 2009
ArsTechnica, Irish ISP agrees to disconnect repeat P2P users (29 January 2009) <http://arstechnica.com/telecom/news/2009/01/irish-isp-agrees-to-disconnect-repeat-p2p-users.ars> at 29 January 2009
TechDirt, AT&T And Comcast Willing To Cut Off File Sharers (28 January 2009) <http://www.techdirt.com/articles/20090128/1543013559.shtml> at 30 January 2009
Digital Music News, RIAA Negotiations Continue... Disconnections Still Improbable (29 January 2009) <http://www.digitalmusicnews.com/stories/012809riaa> at 30 January 2009
CNet News, RIAA drops lawsuits; ISPs to battle file sharing (19 December 2008) <http://news.cnet.com/8301-1023_3-10126914-93.html> at 29 January 2009
The Star, The music industry's digital reversal (12 January 2009) <http://www.thestar.com/sciencetech/article/569203> at 15 January 2009
Digital Music News, The RIAA Story: Yet Another Hole Appears... (13 January 2009) <http://www.digitalmusicnews.com/stories/011208riaa> at 15 January 2009
TechDirt, No One Can Find ISPs Who Have Agreed To RIAA's 3 Strikes Plan (6 January 2009) <http://www.techdirt.com/articles/20090105/1639523290.shtml> at 7 January 2009
ZeroPaid, Major ISPs Deny Plans to Help RIAA (6 January 2009) <http://www.zeropaid.com/news/9944/Major+ISPs+Deny+Plans+to+Help+RIAA+Disconnect+File-Sharers> at 7 January 2009
Digital Music News, Any There There? RIAA Agreements Remain Flimsy, Unconfirmed... (4 January 2009) <http://www.digitalmusicnews.com/stories/122208riaa/view> at 5 January 2009
EFF Deeplinks, Laser Printers Found Guilty of "Making Available" Crimes (5 June 2008) <http://www.eff.org/deeplinks/2008/06/laser-printers-found-guilty-making-available-crime> at 13 June 2008
ZeroPaid, STUDY: BitTorrent Users Prone to False Copyright Infringement Claims (6 June 2008) <http://www.zeropaid.com/news/9535/STUDY%3A+BitTorrent+Users+Prone+to+False+Copyright+Infringement+Claims> at 7 June 2008;
TechDirt, Would You Believe Copyright Infringement Notices Are Based On Faulty Information? (5 June 2008) <http://www.techdirt.com/articles/20080605/1227001318.shtml> at 7 June 2008;
ArsTechnica, Study paints grim picture of automated P2p enforcement (5 June 2008) <http://arstechnica.com/news.ars/post/20080605-study-paints-grim-picture-of-automated-dmca-notice-accuracy.html> at 6 June 2008
ArsTechnica, 37% of P2P users say they'll ignore disconnection threats (18 January 2009) <http://arstechnica.com/news.ars/post/20090118-37-of-p2p-users-say-theyll-ignore-disconnection-threats.html> at 21 January 2009
Sunday, January 25, 2009
IASPM International Conference
Late last year I received an offer to present my paper 'The Evolution of Culture: Is Political Music Still Being Heard?' at the International Association for the Study of Popular Music's biennial conference in Liverpool in July this year.
I submitted an abstract of my paper to Carlo Nardi, the convenor of the conference theme relating to Popular Music and Technology in a Historical Context. This section of the conference will consider the 'technological impacts upon popular music practices, including questions from cultural, aesthetic, ideological, economic, sociological, historical, legal or musicological perspectives'.
This is an exciting opportunity and I am delighted to be attending the conference. There is not much information about the conference on their website at the moment but that should change very soon so take a look if you are interested: IASPM International Conference. You can read about the other conference themes here.
I submitted an abstract of my paper to Carlo Nardi, the convenor of the conference theme relating to Popular Music and Technology in a Historical Context. This section of the conference will consider the 'technological impacts upon popular music practices, including questions from cultural, aesthetic, ideological, economic, sociological, historical, legal or musicological perspectives'.
This is an exciting opportunity and I am delighted to be attending the conference. There is not much information about the conference on their website at the moment but that should change very soon so take a look if you are interested: IASPM International Conference. You can read about the other conference themes here.
Thursday, January 15, 2009
Tenenbaum
The RecordingIndsutryvThePeople Blog is reporting that oral argument in the Tenenbaum case will be narrowcast and streamable from the Berkman Centre's website on the 22 January 2009. A website has also been set up which enables people to keep in touch with developments in the case.
More Information:
RecordingIndustryvThePeopleBlog, January 22nd oral arguments in SONY BMG Music v. Tenenbaum will be televised over the internet (14 January 2009) <http://recordingindustryvspeople.blogspot.com/2009_01_01_archive.html#3145693789782359556> at 15 January 2009
Joel Fights Back <http://joelfightsback.com/> at 15 January 2009
More Information:
RecordingIndustryvThePeopleBlog, January 22nd oral arguments in SONY BMG Music v. Tenenbaum will be televised over the internet (14 January 2009) <http://recordingindustryvspeople.blogspot.com/2009_01_01_archive.html#3145693789782359556> at 15 January 2009
Joel Fights Back <http://joelfightsback.com/> at 15 January 2009
Tuesday, January 13, 2009
A Lessig Trilogy
Three great clips that have been posted on the net in recent times featuring Lawrence Lessig:
His last and latest presentation on Remix:
http://www.lessig.org/blog/2008/12/wow_peace_declared.html
Lessig on the Colbert Report:
http://www.lessig.org/blog/2009/01/let_the_remixes_begin.html
Lessig@Harvard on Creative Commons:
http://cyber.law.harvard.edu/events/2008/12/creativecommons
His last and latest presentation on Remix:
http://www.lessig.org/blog/2008/12/wow_peace_declared.html
Lessig on the Colbert Report:
http://www.lessig.org/blog/2009/01/let_the_remixes_begin.html
Lessig@Harvard on Creative Commons:
http://cyber.law.harvard.edu/events/2008/12/creativecommons
Thursday, January 8, 2009
DRM Dies Another Death
Finally Apple has announced that it will ditch DRM on all digital music sales. Effective immediately for the majority of tracks sold in the United States, songs can be downloaded in the unprotected AAC format. This is a significant development albeit fairly predictable given that other digital music stores such as Amazon, WalMart, Napster and Yahoo are already selling unprotected tracks.
Digital Rights Management, code added to a track which prevents users from burning unlimited CDs, required authorisation for playing songs on computers other than the one on which the track was purchased, created compatibility problems with mp3 players and essentially did more harm than good in getting people to transition from file sharing to legitimate music purchases, will be missed by no-one.
The shift is not without consequences however with variable pricing also being introduced to the iTunes store. There is likely to be some price increase with new songs available for $1.29 each rather than the flat $0.99 cent rate. Older tracks will now cost less, however it appears this was used as a trade off by the record labels to ensure an increase in profits.
For existing customers paying an additional $0.30 will enable them to replace songs they have already purchased with unprotected versions. In my opinion this is not only too expensive but really rather rude – DRM protected songs should never have been sold in the first place and should be replaced free of charge. When Yahoo removed protection from its catalogue existing customers were given vouchers to compensate for the transition to the unprotected format.
Questions remain as to whether DRM will be removed in other countries as well. In Australia, at the moment, the only major digital music store without DRM is eMusic which does not sell any tracks from major label artists. Amazon remains unavailable to Australian customers and a quick check of the iTunes Australia store this morning did not reveal any changes. As with most things digital and legal Australia may have to wait some time before it has its chance to enjoy music without these constraints.
Further Reading
Wall Street Journal, Apple Changes Tune on Music Pricing (7 January 2009) <http://online.wsj.com/article/SB123126062001057765.html> at 8 January 2009
Digital Music News, Finally: iTunes Store Goes DRM-Free, 99-Cents Going Variable (7 January 2009) <http://www.digitalmusicnews.com/stories/010509apple> at 8 January 2009
TechDirt, As Rumored, Apple Gives Record Labels Variable iTunes Pricing In Exchange For Ditching DRM (6 January 2009) <http://www.techdirt.com/articles/20090106/1039003297.shtml> at 7 January 2009
ArsTechnica, Apple, labels both win with DRM-free iTunes, tiered pricing (6 January 2009) <http://arstechnica.com/journals/apple.ars/2009/01/06/apple-labels-both-win-with-drm-free-itunes-tiered-pricing> at 7 January 2009
ZeroPaid, iTunes Going DRM-Free (6 January 2009) <http://www.zeropaid.com/news/9945/iTunes+Going+DRM-Free> at 7 January 2009
The Register, DRM now dead, as Amazon snags Sony (11 January 20080 <http://www.theregister.co.uk/2008/01/11/amazon_sony_music_drm_now_dead/> at 20 January 2008
Digital Music News, Warner Music Ditches DRM on Amazon, Stock Struggles Above $6 (28 December 2007) <http://www.digitalmusicnews.com/stories/122807warner> at 11 January 2007
Digital Music News, It's Official: Sony BMG Delivers MP3s to Amazon (10 January 2008) <http://www.digitalmusicnews.com/stories/011008sony> at 20 January 2008
ArsTechnica, Wal-Mart joins MSN and Yahoo, leaves DRM servers online (10 October 2008) <http://arstechnica.com/news.ars/post/20081010-wal-mart-joins-msn-and-yahoo-leaves-drm-key-servers-online.html> at 12 October 2008
TechDirt, Surprise, Surprise: WalMart Changes Its Mind, Keeps DRM Servers Running (For Now) (10 October 2008) <http://www.techdirt.com/articles/20081010/0020522511.shtml> at 12 October 2008
EFF Deeplinks, And Walmart Makes Three: Another Music Service Plans to Shut Down DRM Support (28 September 2008) <http://www.eff.org/deeplinks/2008/09/and-walmart-makes-three-another-music-service-plan> at 5 October 2008
Digital Music News, Wal-Mart Moves On; Ditches Support on DRM Downloads (30 September 2008) <http://www.digitalmusicnews.com/stories/092908walmart> at 5 October 2008
TechDirt, Wal-Mart Ditches DRM... And Lots Of Major Label Music With It (8 April 2008) <http://www.techdirt.com/articles/20080408/003857784.shtml> at 13 April 2008
Digital Music News, Wal-Mart Reaffirms Commitment to MP3s; Standoff Continues (7 April 2008) <http://www.digitalmusicnews.com/stories/040608walmart> at 8 April 2008
Digital Music News, Yahoo Music Makes Good; Offers DRM-Free Replacements, Refunds (31 July 2008) <http://www.digitalmusicnews.com/stories/073008yahoo> at 7 August 2008
SiliconValley/Associated Press, Yahoo offers coupons for songs that stop working when it shuts download service (30 July 2008) <http://www.siliconvalley.com/news/ci_10044573?nclick_check=1> at 6 August 2008
TechDirt, Yahoo Offers Refunds Or DRM-Free Music In Exchange For Shutting Down DRM Servers (29 July 2008) <http://www.techdirt.com/articles/20080728/1455551813.shtml> at 31 July 2008
CNet News, EFF: Yahoo Music should compensate customers (24 July 2008) <http://news.cnet.com/8301-1023_3-9999244-93.html> at 28 July 2008
EFF Deeplinks, Here We Go Again: Yahoo! Music Throws Away the DRM Keys (24 July 2008) <http://www.eff.org/deeplinks/2008/07/here-we-go-again-yahoo-music-throws-away-drm-keys> at 28 July 2008
Digital Music News, About Those Yahoo Music Unlimited Downloads You Bought... (25 July 2008) <http://www.digitalmusicnews.com/stories/072408yahoo> at 28 July 2008
TechDirt, Did Yahoo Not Pay Attention To What Happened When Microsoft Pulled The Plug On Its DRM Server? (24 July 2008) <http://www.techdirt.com/articles/20080724/0341381775.shtml> at 28 July 2008
ArsTechnica, DRM still sucks: Yahoo Music going dark, taking keys with it (24 July 2008) <http://arstechnica.com/news.ars/post/20080724-drm-still-sucks-yahoo-music-going-dark-taking-keys-with-it.html> at 25 July 2008
ZeroPaid, Rhapsody Opens DRM Free Music Store (1 July 2008) <http://www.zeropaid.com/news/9599/Rhapsody+Opens+DRM-Free+Music+Store> at 4 July 2008
TechDirt, Microsoft Keeps DRM Servers Alive For Now; Won't Screw Over Own Customers For A Few More Years (19 June 2008) <http://www.techdirt.com/articles/20080619/0907281455.shtml> at 26 June 2008
Digital Music News, Microsoft: We'll Support Your Downloads After All (17 June 2008) <http://www.digitalmusicnews.com/stories/061808msft> at 20 June 2008
ArsTechnica, DRM sucks redux: Microsoft to nuke MSN Music DRM keys (22 April 2008) <http://arstechnica.com/news.ars/post/20080422-drm-sucks-redux-microsoft-to-nuke-msn-music-drm-keys.html> at 27 April 2008
Digital Music News, MSN Music: The DRM Aftertaste Really Lasts... (24 April 2008) <http://www.digitalmusicnews.com/stories/042308msn> at 26 April 2008
Digital Music News, Microsoft's Final 'Up Yours' To Those Who Bought Into Its DRM Story (23 April 2008) <http://www.techdirt.com/articles/20080422/234401923.shtml> at 26 April 2008
ZeroPaid, Napster Comes Full Circle, Launches DRM-Free mp3 Store (22 May 2008) <http://www.zeropaid.com/news/9509/Napster+Comes+Full+Circle%2C+Launches+DRM-Free+MP3+Store> at 5 June 2008
Digital Music News, Napster Gets It Done: MP3s For Everyone (19 May 2008) <http://www.digitalmusicnews.com/stories/052008napster> at 21 May 2008
Billboard.biz, Napster Goes DRM-Free (20 May 2008) <http://www.billboard.biz/bbbiz/content_display/industry/e3i9189f73c48e7dd51669d4bee4dc1d1b1> at 21 May 2008
TechDirt, Collapse of Music DRM Continues; DRM Customers Still Screwed (20 May 2008) <http://www.techdirt.com/articles/20080520/0551131178.shtml> at 21 May 2008
Technologizer, 25 Arguments for the Elimination of Copy Protection (13 October 2008) <http://technologizer.com/2008/10/13/copy-protection/> at 20 October 2008
Digital Rights Management, code added to a track which prevents users from burning unlimited CDs, required authorisation for playing songs on computers other than the one on which the track was purchased, created compatibility problems with mp3 players and essentially did more harm than good in getting people to transition from file sharing to legitimate music purchases, will be missed by no-one.
The shift is not without consequences however with variable pricing also being introduced to the iTunes store. There is likely to be some price increase with new songs available for $1.29 each rather than the flat $0.99 cent rate. Older tracks will now cost less, however it appears this was used as a trade off by the record labels to ensure an increase in profits.
For existing customers paying an additional $0.30 will enable them to replace songs they have already purchased with unprotected versions. In my opinion this is not only too expensive but really rather rude – DRM protected songs should never have been sold in the first place and should be replaced free of charge. When Yahoo removed protection from its catalogue existing customers were given vouchers to compensate for the transition to the unprotected format.
Questions remain as to whether DRM will be removed in other countries as well. In Australia, at the moment, the only major digital music store without DRM is eMusic which does not sell any tracks from major label artists. Amazon remains unavailable to Australian customers and a quick check of the iTunes Australia store this morning did not reveal any changes. As with most things digital and legal Australia may have to wait some time before it has its chance to enjoy music without these constraints.
Further Reading
Wall Street Journal, Apple Changes Tune on Music Pricing (7 January 2009) <http://online.wsj.com/article/SB123126062001057765.html> at 8 January 2009
Digital Music News, Finally: iTunes Store Goes DRM-Free, 99-Cents Going Variable (7 January 2009) <http://www.digitalmusicnews.com/stories/010509apple> at 8 January 2009
TechDirt, As Rumored, Apple Gives Record Labels Variable iTunes Pricing In Exchange For Ditching DRM (6 January 2009) <http://www.techdirt.com/articles/20090106/1039003297.shtml> at 7 January 2009
ArsTechnica, Apple, labels both win with DRM-free iTunes, tiered pricing (6 January 2009) <http://arstechnica.com/journals/apple.ars/2009/01/06/apple-labels-both-win-with-drm-free-itunes-tiered-pricing> at 7 January 2009
ZeroPaid, iTunes Going DRM-Free (6 January 2009) <http://www.zeropaid.com/news/9945/iTunes+Going+DRM-Free> at 7 January 2009
The Register, DRM now dead, as Amazon snags Sony (11 January 20080 <http://www.theregister.co.uk/2008/01/11/amazon_sony_music_drm_now_dead/> at 20 January 2008
Digital Music News, Warner Music Ditches DRM on Amazon, Stock Struggles Above $6 (28 December 2007) <http://www.digitalmusicnews.com/stories/122807warner> at 11 January 2007
Digital Music News, It's Official: Sony BMG Delivers MP3s to Amazon (10 January 2008) <http://www.digitalmusicnews.com/stories/011008sony> at 20 January 2008
ArsTechnica, Wal-Mart joins MSN and Yahoo, leaves DRM servers online (10 October 2008) <http://arstechnica.com/news.ars/post/20081010-wal-mart-joins-msn-and-yahoo-leaves-drm-key-servers-online.html> at 12 October 2008
TechDirt, Surprise, Surprise: WalMart Changes Its Mind, Keeps DRM Servers Running (For Now) (10 October 2008) <http://www.techdirt.com/articles/20081010/0020522511.shtml> at 12 October 2008
EFF Deeplinks, And Walmart Makes Three: Another Music Service Plans to Shut Down DRM Support (28 September 2008) <http://www.eff.org/deeplinks/2008/09/and-walmart-makes-three-another-music-service-plan> at 5 October 2008
Digital Music News, Wal-Mart Moves On; Ditches Support on DRM Downloads (30 September 2008) <http://www.digitalmusicnews.com/stories/092908walmart> at 5 October 2008
TechDirt, Wal-Mart Ditches DRM... And Lots Of Major Label Music With It (8 April 2008) <http://www.techdirt.com/articles/20080408/003857784.shtml> at 13 April 2008
Digital Music News, Wal-Mart Reaffirms Commitment to MP3s; Standoff Continues (7 April 2008) <http://www.digitalmusicnews.com/stories/040608walmart> at 8 April 2008
Digital Music News, Yahoo Music Makes Good; Offers DRM-Free Replacements, Refunds (31 July 2008) <http://www.digitalmusicnews.com/stories/073008yahoo> at 7 August 2008
SiliconValley/Associated Press, Yahoo offers coupons for songs that stop working when it shuts download service (30 July 2008) <http://www.siliconvalley.com/news/ci_10044573?nclick_check=1> at 6 August 2008
TechDirt, Yahoo Offers Refunds Or DRM-Free Music In Exchange For Shutting Down DRM Servers (29 July 2008) <http://www.techdirt.com/articles/20080728/1455551813.shtml> at 31 July 2008
CNet News, EFF: Yahoo Music should compensate customers (24 July 2008) <http://news.cnet.com/8301-1023_3-9999244-93.html> at 28 July 2008
EFF Deeplinks, Here We Go Again: Yahoo! Music Throws Away the DRM Keys (24 July 2008) <http://www.eff.org/deeplinks/2008/07/here-we-go-again-yahoo-music-throws-away-drm-keys> at 28 July 2008
Digital Music News, About Those Yahoo Music Unlimited Downloads You Bought... (25 July 2008) <http://www.digitalmusicnews.com/stories/072408yahoo> at 28 July 2008
TechDirt, Did Yahoo Not Pay Attention To What Happened When Microsoft Pulled The Plug On Its DRM Server? (24 July 2008) <http://www.techdirt.com/articles/20080724/0341381775.shtml> at 28 July 2008
ArsTechnica, DRM still sucks: Yahoo Music going dark, taking keys with it (24 July 2008) <http://arstechnica.com/news.ars/post/20080724-drm-still-sucks-yahoo-music-going-dark-taking-keys-with-it.html> at 25 July 2008
ZeroPaid, Rhapsody Opens DRM Free Music Store (1 July 2008) <http://www.zeropaid.com/news/9599/Rhapsody+Opens+DRM-Free+Music+Store> at 4 July 2008
TechDirt, Microsoft Keeps DRM Servers Alive For Now; Won't Screw Over Own Customers For A Few More Years (19 June 2008) <http://www.techdirt.com/articles/20080619/0907281455.shtml> at 26 June 2008
Digital Music News, Microsoft: We'll Support Your Downloads After All (17 June 2008) <http://www.digitalmusicnews.com/stories/061808msft> at 20 June 2008
ArsTechnica, DRM sucks redux: Microsoft to nuke MSN Music DRM keys (22 April 2008) <http://arstechnica.com/news.ars/post/20080422-drm-sucks-redux-microsoft-to-nuke-msn-music-drm-keys.html> at 27 April 2008
Digital Music News, MSN Music: The DRM Aftertaste Really Lasts... (24 April 2008) <http://www.digitalmusicnews.com/stories/042308msn> at 26 April 2008
Digital Music News, Microsoft's Final 'Up Yours' To Those Who Bought Into Its DRM Story (23 April 2008) <http://www.techdirt.com/articles/20080422/234401923.shtml> at 26 April 2008
ZeroPaid, Napster Comes Full Circle, Launches DRM-Free mp3 Store (22 May 2008) <http://www.zeropaid.com/news/9509/Napster+Comes+Full+Circle%2C+Launches+DRM-Free+MP3+Store> at 5 June 2008
Digital Music News, Napster Gets It Done: MP3s For Everyone (19 May 2008) <http://www.digitalmusicnews.com/stories/052008napster> at 21 May 2008
Billboard.biz, Napster Goes DRM-Free (20 May 2008) <http://www.billboard.biz/bbbiz/content_display/industry/e3i9189f73c48e7dd51669d4bee4dc1d1b1> at 21 May 2008
TechDirt, Collapse of Music DRM Continues; DRM Customers Still Screwed (20 May 2008) <http://www.techdirt.com/articles/20080520/0551131178.shtml> at 21 May 2008
Technologizer, 25 Arguments for the Elimination of Copy Protection (13 October 2008) <http://technologizer.com/2008/10/13/copy-protection/> at 20 October 2008
Sunday, December 21, 2008
Off the Grid
I am taking some time off from blogging for the next couple of weeks. Unless something major happens (record labels have bad timing!) there wont be much happening on this site. I will still post a monthly summary on OpenContentAustralia of the articles I have read this month so go there if you're missing me too much. I hope you enjoyed the Year in Review series - it was a mamoth effort on my part with over 1600 articles to condense but it is done for another year. Thank you for taking the time to read this space it has been an excellent year and I have enjoyed hearing from you all. I wish you and your families a wonderful Christmas and a happy New Year - stay safe,
Sal
Sal
Year in Review: Network Neutrality
This year saw further developments in the United States regarding the neutrality of the internet with the FCC finding against the traffic management policies of Comcast, further support for the introduction of legislation requiring ISPs and content owners to respect the principles of an open internet and the introduction of data caps and pricing structures in the United States.
The argument that takes place with respect to the neutrality of the internet is one which sees essentially two differing approaches to the management of internet traffic.
On the one side proponents argue for an open internet through the use of end to end architecture and equality of priority of packets regardless of the type of communications protocol they use.
On the other ISPs and content holders seek to elevate some forms of traffic over others with ISPs charging money to allocate priority. The money is used to ensure that the infrastructure of a network is increased to cope with more and more traffic. Companies such as Microsoft, Google and YouTube are among those who are most likely to need or want priority.[1]
It has been widely recognised that this would have a dramatic impact on the openness of the internet with major content holders being able to secure their communications often at the expense of those that are more poorly funded. Translated to the music industry, a non neutral internet would see independent artists unable to access their audiences or build profiles with major label artists paying to have priority over them.[2]
Comcast
In August 2007 questions were raised as to whether Comcast engaged in protocol management practices - Comcast denied that it was blocking or throttling file sharing protocols.[3]
In February 2008 Comcast acknowledged that it did engage in traffic management practices but stated that these were reasonable and industry based standards that ensured quality services to their clients.[4] Comcast also altered its Terms of Service to correctly represent the company’s position with respect to traffic management.[5]
In March 2008 Comcast announced that it would alter its traffic management policy to phase out discrimination based on file sharing protocols.[6]
On the 1 August 2008 the FCC ordered that Comcast abandon its traffic management practices.[7] The FCC found that Comcast delayed file sharing traffic and ordered Comcast to submit a new traffic management proposal within 30 days.[8] Comcast was not fined.[9] Comcast commenced legal proceedings in the US Court of Appeals District of Columbia Circuit to dispute the finding, challenging the authority of the FCC to make and impose such a ruling but nonetheless agreed to comply with these requirements in the meantime.[10] Traffic that was effected by Comcasts practices included users of the Ares, BitTorrent, eDonkey, FastTrack and Gnutella networks.[11]
In late September 2008 Comcast announced that it was introducing an alternative traffic management policy.[12] Instead of throttling based on protocol the ISP will now reduce speeds to a good DSL level for high bandwidth users and prioritise low bandwidth users once their network reaches 80% of its capacity.[13]
In separate legal action the New York Attorney General subpoenaed Comcast’s records to investigate their traffic management practices.[14]
Others
There have also been allegations that AT&T engaged in protocol traffic management practices although this was denied by the company.[15]
Similar issues have also arisen in Canada, the UK and Germany.[16]
Technological Responses
In response to Comcast’s traffic management policy there were a number of suggestions as to how technical measures such as protocol header encryption could be employed to bypass the protocol discrimination however as Comcast changed its practices these were not developed or employed on a wide spread scale.[17]
Data Caps
Comcast and Time Warner have both introduced capped broadband accounts in the United States which ensure that high volume users pay more for their internet connections than low volume users.[18] It was announced in November 2008 that AT&T will also introduce these measures.[19]
It has been suggested that Australia does not have similar issues with respect to network neutrality because it already has in place capped broadband accounts which inturn allow ISPs to recoup more money and thus expand their networks as it is needed.[20]
Some ISPs continue to argue that traffic management practices based on protocol are still necessary with time sensitive traffic such as VoIP deserving preferential treatment.[21]
Pending Legislation
There is ongoing debate as to whether legislation is required to ensure network neutrality with many suggesting that competition within the market place should be sufficient to maintain ISP independence and that regulation can often create loop holes and have unintended consequences.[22]
In February 2008 Rep. Edward Markey D-Mass, chairman of the House Energy and Commerce Committee’s subcommittee on Telecommunications and the Internet introduced the Internet Freedom Preservation Act which was cosponsored by Rep. Chip Pickering, R-Miss requiring the FCC to assess whether consumers rights are being affected by the traffic management practices of ISPs.[23]
A Bill titled the Internet Freedom and Nondiscrimination Act of 2008, HR 5994, was introduced by Representatives John Conyers (D-MI) and Zoe Lofgren (D-CA) in mid 2008 which mirrored similar attempts in 2006 to alter the US anti-trust laws to ensure internet neutrality.[24] The Bill amends the Clayton Act of 1914 forbidding ISPs from charging differing rates to differing customers for the same product or service which would harm competition.[25] This Bill supports the notion that network neutrality is in essence a competition issue.[26]
Senator Byron Dorgan stated in November 2008 that further legislation would be introduced as early as January 2009.[27]
[1] CNet News, Net neutrality: An American problem? (28 September 2008) <http://news.cnet.com/8301-1035_3-10053045-94.html> at 5 October 2008
[2] Future of Music Coallition, FACT SHEET: Network Neutrality (January 2008) <http://www.futureofmusic.org/articles/NNfactsheet.cfm> at 18 February 2008
[3] Wired, Comcast Discloses Throttling Practices -- BitTorrent Targeted (19 September 2008) <http://blog.wired.com/27bstroke6/2008/09/comcast-disclos.html> at 21 September 2008
[4] ZeroPaid, Comcast to FCC: 'Yes, We Throttle BitTorrent Traffic, but So What?' (15 February 2008) <http://www.zeropaid.com/news/9267/Comcast+to+FCC%3A+%27Yes%2C+We+Throttle+BitTorrent+Traffic%2C+but+So+What%3F%27> at 17 February 2008; Digital Music News, In a Jam, Comcast Defends Traffic-Throttling (12 February 2008) <http://www.digitalmusicnews.com/stories/021208comcast/view> at 15 February 2008; The Register, Comcast cops to BitTorrent busting (13 February 2008) <http://www.theregister.co.uk/2008/02/13/comcast_fcc_network_management_filing/> at 15 February 2008; TechDirt, Comcast Defends Its Traffic Shaping Efforts (13 February 2008) <http://www.techdirt.com/articles/20080213/133855251.shtml> at 15 February 2008
[5] ArsTechnica, Comcast tweaks Terms of Service in wake of throttling uproar (7 February 2008) <http://arstechnica.com/news.ars/post/20080207-comcast-tweaks-terms-of-service-in-wake-of-throttling-uproar.html> at 8 February 2008
[6] EFF Deeplinks, Comcast Reduces Discrimination, Plans To End It Altogether (28 March 2008) <http://www.eff.org/deeplinks/2008/03/comcast-reducing-discrimination-planning-end-it-altoghether-isp-testing-remains-es> at 30 March 2008
[7] Wired, Comcast Discloses Throttling Practices -- BitTorrent Targeted (19 September 2008) <http://blog.wired.com/27bstroke6/2008/09/comcast-disclos.html> at 21 September 2008
[8] CNet News, FCC finalizes Comcast's filtering penalties (20 August 2008) <http://news.cnet.com/8301-13578_3-10021222-38.html> at 22 August 2008; Slyck, FCC to Comcast: You have 30 Days (20 August 2008) <http://www.slyck.com/story1749_FCC_to_Comcast_You_have_30_Days> at 22 August 2008; EFF Deeplinks, FCC Rules Against Comcast for BitTorrent Blocking (3 August 2008) <http://www.eff.org/deeplinks/2008/08/fcc-rules-against-comcast-bit-torrent-blocking> at 7 August 2008; ZeroPaid, FCC - Comcast Was Wrong to Throttle, but Prioritizing Packets is Fine (4 August 2008) <http://www.zeropaid.com/news/9675/FCC+-+Comcast+Was+Wrong+to+Throttle%2C+but+Prioritizing+Packets+is+Fine> at 6 August 2008; TechDirt, Comcast Has Quite A Week: Gets In Trouble For Blocking Content And For NOT Blocking Content (1 August 2008) <http://www.techdirt.com/articles/20080801/1236201863.shtml> at 6 August 2008; ArsTechnica, Hammer drops at last: FCC opposes Comcast P2P throttling (25 July 2008) <http://arstechnica.com/news.ars/post/20080725-hammer-drops-at-last-fcc-opposes-comcast-p2p-throttling.html> at 28 July 2008
[9] EFF Deeplink, FCC Chairman Hints at Order Against Comcast (11 July 2008) <http://www.eff.org/deeplinks/2008/07/fcc-chariman-hints-order-against-comcast> at 18 July 2008
[10] ZeroPaid, Comcast Appeals FCC Decision Ordering End to End BitTorrent Throttling (6 September 2008) <http://www.zeropaid.com/news/9737/Comcast+Appeals+FCC+Decision+Ordering+End+to+BitTorrent+Throttling> at 12 September 2008; TechDirt, Comcast Says FCC Has No Authority To Stop Traffic Shaping (20 March 2008) <http://www.techdirt.com/articles/20080319/195617592.shtml> at 22 March 2008
[11] Wired, Comcast Discloses Throttling Practices -- BitTorrent Targeted (19 September 2008) <http://blog.wired.com/27bstroke6/2008/09/comcast-disclos.html> at 21 September 2008
[12] EFF Deeplinks, Comcast Unveils Its New Traffic Management Architecture (22 September 2008) <http://www.eff.org/deeplinks/2008/09/comcast-unveils-its-new-traffic-management-archite> at 5 October 2008; TechDirt, Comcast Says No One Has Complained About Its New Traffic Slowing Efforts (22 September 2008) <http://www.techdirt.com/articles/20080922/0252232326.shtml> at 26 September 2008; ArsTechnica, Comcast loses P2P religion, goes agnostic on throttling (19 September 2008) <http://arstechnica.com/news.ars/post/20080919-comcast-loses-p2p-religion-goes-agnostic-on-throttling.html> at 21 September 2008
[13] EFF Deeplinks, Comcast Unveils Its New Traffic Management Architecture (22 September 2008) <http://www.eff.org/deeplinks/2008/09/comcast-unveils-its-new-traffic-management-archite> at 5 October 2008; TechDirt, Comcast to Throttle Heavy Internet Users Up to 20 min (23 August 2008) <http://www.zeropaid.com/news/9711/Comcast+to+Throttle+Heavy+Internet+Users+Up+to+20+Min> at 25 August 2008; Digital Music News, Selective Slowdowns: Comcast Keeps Pushing Throttling Plans (22 August 2008) <http://www.digitalmusicnews.com/stories/082108comcast> at 25 August 2008
[14] SiliconValley.com/Associated Press, N.Y. attorney general subpoenas Comcast on traffic throttling (26 February 2008) <http://www.siliconvalley.com/news/ci_8369162?nclick_check=1> at 29 February 2008; The Register, New York Subpoenas Comcast 'reasonable network management' records (27 February 2008) <http://www.theregister.co.uk/2008/02/27/andrew_cuomo_subpoenas_comcast/> at 28 February 2008
[15] ZeroPaid, AT&T to FCC: 'We Don't Throttle Bit Torrent' (27 April 2008) <http://www.zeropaid.com/news/9439/AT%26T+to+FCC%3A+%27We+Don%27t+Throttle+BitTorrent%27> at 29 April 2008
[16] ArsTechnica, P2P throttling leading to net neutrality showdown in Canada (24 April 2008) <http://arstechnica.com/news.ars/post/20080424-p2p-throttling-leading-to-net-neutrality-showdown-in-canada.html> at 2 May 2008; The Star, CRTC asked to stop Bell's 'throttling' (5 April 2008) <http://www.thestar.com/Business/article/410454> at 8 April 2008; ZeroPaid, How Bell and CBC Ignited Network Neutrality Debate in Canada (31 March 2008) <http://www.zeropaid.com/news/9369/How+Bell+and+CBC+Ignited+Network+Neutrality+Debate+in+Canada> at 2 April 2008; TechDirt, It's Good To Be A Monopoly: Bell Canada Tells ISPs To Shut Up And Accept Traffic Shaping (25 March 2008) <http://www.techdirt.com/articles/20080325/155924648.shtml> at 27 March 2008; The Register, Tiscali hits 'undo' after bandwidth throttling chokes iTunes (21 January 2008) <http://www.theregister.co.uk/2008/01/22/tiscali_bandwith_problems_ongoing/> at 30 January 2008; P2PBlog, German cable ISP admits Bittorrent blocking (10 March 2008) <http://www.p2p-blog.com/item-539.html> at 11 March 2008
[17] ZeroPaid, Comcast Work Around for Azures (20 March 2008) <http://www.zeropaid.com/news/9340/Comcast+Work+Around+for+Azureus> at 22 March 2008; The Register, BitTorrent busts Comcast BitTorrent busting (19 February 2008) <http://www.theregister.co.uk/2008/02/19/bittorrent_developers_hit_back_at_comcast/> at 19 February 2008
[18] ZeroPaid, AT&T Begins 20-150GB Data Cap Trials in Reno NV (5 November 2008) <http://www.zeropaid.com/news/9831/AT%26T+Begins+20-150GB+Data+Cap+Trials+in+Reno%2C+NV> at 6 November 2008
[19] ZeroPaid, AT&T Begins 20-150GB Data Cap Trials in Reno NV (5 November 2008) <http://www.zeropaid.com/news/9831/AT%26T+Begins+20-150GB+Data+Cap+Trials+in+Reno%2C+NV> at 6 November 2008
[20] CNet News, Net neutrality: An American problem? (28 September 2008) <http://news.cnet.com/8301-1035_3-10053045-94.html> at 5 October 2008
[21] ArsTechnica, Verizon: we need freedom to delay P2P traffic when necessary (21 August 2008) <http://arstechnica.com/news.ars/post/20080821-verizon-we-need-freedom-to-delay-p2p-traffic-when-necessary.html> at 22 August 2008
[22] ArsTechnica, Is government regulation needed to ensure net neutrality? (14 November 2008) <http://arstechnica.com/news.ars/post/20081114-is-government-regulation-needed-to-ensure-net-neutrality.html> at 16 November 2008; TechDirt, The Paper On Network Neutrality That Any Policy Maker Needs To Read (12 November 2008) <http://www.techdirt.com/articles/20081112/0121062806.shtml> at 16 November 2008;
[23] TechDirt, Markey's Non-Regulation Net Neutrality Regulation (13 February 2008) <http://www.techdirt.com/articles/20080213/122300247.shtml> at 15 February 2008; msnbc/Associated Press, 'Net neutrality' bill introduced (13 February 2008) <http://www.msnbc.msn.com/id/23147101/> at 18 February 2008
[24] ArsTechnica, New bill ties net neutrality to antitrust law (8 May 2008) <http://arstechnica.com/news.ars/post/20080508-new-bill-ties-net-neutrality-to-antitrust-law.html> at 10 May 2008; CNet News, Democrats revive another Net neutrality proposal (8 May 2008) <http://www.news.com/8301-10784_3-9939443-7.html> at 10 May 2008
[25] ArsTechnica, New bill ties net neutrality to antitrust law (8 May 2008) <http://arstechnica.com/news.ars/post/20080508-new-bill-ties-net-neutrality-to-antitrust-law.html> at 10 May 2008; CNet News, Democrats revive another Net neutrality proposal (8 May 2008) <http://www.news.com/8301-10784_3-9939443-7.html> at 10 May 2008
[26] TechDirt, We Need A Broadband Competition Act, Not A Net Neutrality Act (26 February 2008) <http://www.techdirt.com/articles/20080225/135642351.shtml> at 28 February 2008
[27] TechDirt, Net Neutrality Legislation Expected In January (14 November 2008) <http://www.techdirt.com/articles/20081113/1531282827.shtml> at 16 November 2008
The argument that takes place with respect to the neutrality of the internet is one which sees essentially two differing approaches to the management of internet traffic.
On the one side proponents argue for an open internet through the use of end to end architecture and equality of priority of packets regardless of the type of communications protocol they use.
On the other ISPs and content holders seek to elevate some forms of traffic over others with ISPs charging money to allocate priority. The money is used to ensure that the infrastructure of a network is increased to cope with more and more traffic. Companies such as Microsoft, Google and YouTube are among those who are most likely to need or want priority.[1]
It has been widely recognised that this would have a dramatic impact on the openness of the internet with major content holders being able to secure their communications often at the expense of those that are more poorly funded. Translated to the music industry, a non neutral internet would see independent artists unable to access their audiences or build profiles with major label artists paying to have priority over them.[2]
Comcast
In August 2007 questions were raised as to whether Comcast engaged in protocol management practices - Comcast denied that it was blocking or throttling file sharing protocols.[3]
In February 2008 Comcast acknowledged that it did engage in traffic management practices but stated that these were reasonable and industry based standards that ensured quality services to their clients.[4] Comcast also altered its Terms of Service to correctly represent the company’s position with respect to traffic management.[5]
In March 2008 Comcast announced that it would alter its traffic management policy to phase out discrimination based on file sharing protocols.[6]
On the 1 August 2008 the FCC ordered that Comcast abandon its traffic management practices.[7] The FCC found that Comcast delayed file sharing traffic and ordered Comcast to submit a new traffic management proposal within 30 days.[8] Comcast was not fined.[9] Comcast commenced legal proceedings in the US Court of Appeals District of Columbia Circuit to dispute the finding, challenging the authority of the FCC to make and impose such a ruling but nonetheless agreed to comply with these requirements in the meantime.[10] Traffic that was effected by Comcasts practices included users of the Ares, BitTorrent, eDonkey, FastTrack and Gnutella networks.[11]
In late September 2008 Comcast announced that it was introducing an alternative traffic management policy.[12] Instead of throttling based on protocol the ISP will now reduce speeds to a good DSL level for high bandwidth users and prioritise low bandwidth users once their network reaches 80% of its capacity.[13]
In separate legal action the New York Attorney General subpoenaed Comcast’s records to investigate their traffic management practices.[14]
Others
There have also been allegations that AT&T engaged in protocol traffic management practices although this was denied by the company.[15]
Similar issues have also arisen in Canada, the UK and Germany.[16]
Technological Responses
In response to Comcast’s traffic management policy there were a number of suggestions as to how technical measures such as protocol header encryption could be employed to bypass the protocol discrimination however as Comcast changed its practices these were not developed or employed on a wide spread scale.[17]
Data Caps
Comcast and Time Warner have both introduced capped broadband accounts in the United States which ensure that high volume users pay more for their internet connections than low volume users.[18] It was announced in November 2008 that AT&T will also introduce these measures.[19]
It has been suggested that Australia does not have similar issues with respect to network neutrality because it already has in place capped broadband accounts which inturn allow ISPs to recoup more money and thus expand their networks as it is needed.[20]
Some ISPs continue to argue that traffic management practices based on protocol are still necessary with time sensitive traffic such as VoIP deserving preferential treatment.[21]
Pending Legislation
There is ongoing debate as to whether legislation is required to ensure network neutrality with many suggesting that competition within the market place should be sufficient to maintain ISP independence and that regulation can often create loop holes and have unintended consequences.[22]
In February 2008 Rep. Edward Markey D-Mass, chairman of the House Energy and Commerce Committee’s subcommittee on Telecommunications and the Internet introduced the Internet Freedom Preservation Act which was cosponsored by Rep. Chip Pickering, R-Miss requiring the FCC to assess whether consumers rights are being affected by the traffic management practices of ISPs.[23]
A Bill titled the Internet Freedom and Nondiscrimination Act of 2008, HR 5994, was introduced by Representatives John Conyers (D-MI) and Zoe Lofgren (D-CA) in mid 2008 which mirrored similar attempts in 2006 to alter the US anti-trust laws to ensure internet neutrality.[24] The Bill amends the Clayton Act of 1914 forbidding ISPs from charging differing rates to differing customers for the same product or service which would harm competition.[25] This Bill supports the notion that network neutrality is in essence a competition issue.[26]
Senator Byron Dorgan stated in November 2008 that further legislation would be introduced as early as January 2009.[27]
[1] CNet News, Net neutrality: An American problem? (28 September 2008) <http://news.cnet.com/8301-1035_3-10053045-94.html> at 5 October 2008
[2] Future of Music Coallition, FACT SHEET: Network Neutrality (January 2008) <http://www.futureofmusic.org/articles/NNfactsheet.cfm> at 18 February 2008
[3] Wired, Comcast Discloses Throttling Practices -- BitTorrent Targeted (19 September 2008) <http://blog.wired.com/27bstroke6/2008/09/comcast-disclos.html> at 21 September 2008
[4] ZeroPaid, Comcast to FCC: 'Yes, We Throttle BitTorrent Traffic, but So What?' (15 February 2008) <http://www.zeropaid.com/news/9267/Comcast+to+FCC%3A+%27Yes%2C+We+Throttle+BitTorrent+Traffic%2C+but+So+What%3F%27> at 17 February 2008; Digital Music News, In a Jam, Comcast Defends Traffic-Throttling (12 February 2008) <http://www.digitalmusicnews.com/stories/021208comcast/view> at 15 February 2008; The Register, Comcast cops to BitTorrent busting (13 February 2008) <http://www.theregister.co.uk/2008/02/13/comcast_fcc_network_management_filing/> at 15 February 2008; TechDirt, Comcast Defends Its Traffic Shaping Efforts (13 February 2008) <http://www.techdirt.com/articles/20080213/133855251.shtml> at 15 February 2008
[5] ArsTechnica, Comcast tweaks Terms of Service in wake of throttling uproar (7 February 2008) <http://arstechnica.com/news.ars/post/20080207-comcast-tweaks-terms-of-service-in-wake-of-throttling-uproar.html> at 8 February 2008
[6] EFF Deeplinks, Comcast Reduces Discrimination, Plans To End It Altogether (28 March 2008) <http://www.eff.org/deeplinks/2008/03/comcast-reducing-discrimination-planning-end-it-altoghether-isp-testing-remains-es> at 30 March 2008
[7] Wired, Comcast Discloses Throttling Practices -- BitTorrent Targeted (19 September 2008) <http://blog.wired.com/27bstroke6/2008/09/comcast-disclos.html> at 21 September 2008
[8] CNet News, FCC finalizes Comcast's filtering penalties (20 August 2008) <http://news.cnet.com/8301-13578_3-10021222-38.html> at 22 August 2008; Slyck, FCC to Comcast: You have 30 Days (20 August 2008) <http://www.slyck.com/story1749_FCC_to_Comcast_You_have_30_Days> at 22 August 2008; EFF Deeplinks, FCC Rules Against Comcast for BitTorrent Blocking (3 August 2008) <http://www.eff.org/deeplinks/2008/08/fcc-rules-against-comcast-bit-torrent-blocking> at 7 August 2008; ZeroPaid, FCC - Comcast Was Wrong to Throttle, but Prioritizing Packets is Fine (4 August 2008) <http://www.zeropaid.com/news/9675/FCC+-+Comcast+Was+Wrong+to+Throttle%2C+but+Prioritizing+Packets+is+Fine> at 6 August 2008; TechDirt, Comcast Has Quite A Week: Gets In Trouble For Blocking Content And For NOT Blocking Content (1 August 2008) <http://www.techdirt.com/articles/20080801/1236201863.shtml> at 6 August 2008; ArsTechnica, Hammer drops at last: FCC opposes Comcast P2P throttling (25 July 2008) <http://arstechnica.com/news.ars/post/20080725-hammer-drops-at-last-fcc-opposes-comcast-p2p-throttling.html> at 28 July 2008
[9] EFF Deeplink, FCC Chairman Hints at Order Against Comcast (11 July 2008) <http://www.eff.org/deeplinks/2008/07/fcc-chariman-hints-order-against-comcast> at 18 July 2008
[10] ZeroPaid, Comcast Appeals FCC Decision Ordering End to End BitTorrent Throttling (6 September 2008) <http://www.zeropaid.com/news/9737/Comcast+Appeals+FCC+Decision+Ordering+End+to+BitTorrent+Throttling> at 12 September 2008; TechDirt, Comcast Says FCC Has No Authority To Stop Traffic Shaping (20 March 2008) <http://www.techdirt.com/articles/20080319/195617592.shtml> at 22 March 2008
[11] Wired, Comcast Discloses Throttling Practices -- BitTorrent Targeted (19 September 2008) <http://blog.wired.com/27bstroke6/2008/09/comcast-disclos.html> at 21 September 2008
[12] EFF Deeplinks, Comcast Unveils Its New Traffic Management Architecture (22 September 2008) <http://www.eff.org/deeplinks/2008/09/comcast-unveils-its-new-traffic-management-archite> at 5 October 2008; TechDirt, Comcast Says No One Has Complained About Its New Traffic Slowing Efforts (22 September 2008) <http://www.techdirt.com/articles/20080922/0252232326.shtml> at 26 September 2008; ArsTechnica, Comcast loses P2P religion, goes agnostic on throttling (19 September 2008) <http://arstechnica.com/news.ars/post/20080919-comcast-loses-p2p-religion-goes-agnostic-on-throttling.html> at 21 September 2008
[13] EFF Deeplinks, Comcast Unveils Its New Traffic Management Architecture (22 September 2008) <http://www.eff.org/deeplinks/2008/09/comcast-unveils-its-new-traffic-management-archite> at 5 October 2008; TechDirt, Comcast to Throttle Heavy Internet Users Up to 20 min (23 August 2008) <http://www.zeropaid.com/news/9711/Comcast+to+Throttle+Heavy+Internet+Users+Up+to+20+Min> at 25 August 2008; Digital Music News, Selective Slowdowns: Comcast Keeps Pushing Throttling Plans (22 August 2008) <http://www.digitalmusicnews.com/stories/082108comcast> at 25 August 2008
[14] SiliconValley.com/Associated Press, N.Y. attorney general subpoenas Comcast on traffic throttling (26 February 2008) <http://www.siliconvalley.com/news/ci_8369162?nclick_check=1> at 29 February 2008; The Register, New York Subpoenas Comcast 'reasonable network management' records (27 February 2008) <http://www.theregister.co.uk/2008/02/27/andrew_cuomo_subpoenas_comcast/> at 28 February 2008
[15] ZeroPaid, AT&T to FCC: 'We Don't Throttle Bit Torrent' (27 April 2008) <http://www.zeropaid.com/news/9439/AT%26T+to+FCC%3A+%27We+Don%27t+Throttle+BitTorrent%27> at 29 April 2008
[16] ArsTechnica, P2P throttling leading to net neutrality showdown in Canada (24 April 2008) <http://arstechnica.com/news.ars/post/20080424-p2p-throttling-leading-to-net-neutrality-showdown-in-canada.html> at 2 May 2008; The Star, CRTC asked to stop Bell's 'throttling' (5 April 2008) <http://www.thestar.com/Business/article/410454> at 8 April 2008; ZeroPaid, How Bell and CBC Ignited Network Neutrality Debate in Canada (31 March 2008) <http://www.zeropaid.com/news/9369/How+Bell+and+CBC+Ignited+Network+Neutrality+Debate+in+Canada> at 2 April 2008; TechDirt, It's Good To Be A Monopoly: Bell Canada Tells ISPs To Shut Up And Accept Traffic Shaping (25 March 2008) <http://www.techdirt.com/articles/20080325/155924648.shtml> at 27 March 2008; The Register, Tiscali hits 'undo' after bandwidth throttling chokes iTunes (21 January 2008) <http://www.theregister.co.uk/2008/01/22/tiscali_bandwith_problems_ongoing/> at 30 January 2008; P2PBlog, German cable ISP admits Bittorrent blocking (10 March 2008) <http://www.p2p-blog.com/item-539.html> at 11 March 2008
[17] ZeroPaid, Comcast Work Around for Azures (20 March 2008) <http://www.zeropaid.com/news/9340/Comcast+Work+Around+for+Azureus> at 22 March 2008; The Register, BitTorrent busts Comcast BitTorrent busting (19 February 2008) <http://www.theregister.co.uk/2008/02/19/bittorrent_developers_hit_back_at_comcast/> at 19 February 2008
[18] ZeroPaid, AT&T Begins 20-150GB Data Cap Trials in Reno NV (5 November 2008) <http://www.zeropaid.com/news/9831/AT%26T+Begins+20-150GB+Data+Cap+Trials+in+Reno%2C+NV> at 6 November 2008
[19] ZeroPaid, AT&T Begins 20-150GB Data Cap Trials in Reno NV (5 November 2008) <http://www.zeropaid.com/news/9831/AT%26T+Begins+20-150GB+Data+Cap+Trials+in+Reno%2C+NV> at 6 November 2008
[20] CNet News, Net neutrality: An American problem? (28 September 2008) <http://news.cnet.com/8301-1035_3-10053045-94.html> at 5 October 2008
[21] ArsTechnica, Verizon: we need freedom to delay P2P traffic when necessary (21 August 2008) <http://arstechnica.com/news.ars/post/20080821-verizon-we-need-freedom-to-delay-p2p-traffic-when-necessary.html> at 22 August 2008
[22] ArsTechnica, Is government regulation needed to ensure net neutrality? (14 November 2008) <http://arstechnica.com/news.ars/post/20081114-is-government-regulation-needed-to-ensure-net-neutrality.html> at 16 November 2008; TechDirt, The Paper On Network Neutrality That Any Policy Maker Needs To Read (12 November 2008) <http://www.techdirt.com/articles/20081112/0121062806.shtml> at 16 November 2008;
[23] TechDirt, Markey's Non-Regulation Net Neutrality Regulation (13 February 2008) <http://www.techdirt.com/articles/20080213/122300247.shtml> at 15 February 2008; msnbc/Associated Press, 'Net neutrality' bill introduced (13 February 2008) <http://www.msnbc.msn.com/id/23147101/> at 18 February 2008
[24] ArsTechnica, New bill ties net neutrality to antitrust law (8 May 2008) <http://arstechnica.com/news.ars/post/20080508-new-bill-ties-net-neutrality-to-antitrust-law.html> at 10 May 2008; CNet News, Democrats revive another Net neutrality proposal (8 May 2008) <http://www.news.com/8301-10784_3-9939443-7.html> at 10 May 2008
[25] ArsTechnica, New bill ties net neutrality to antitrust law (8 May 2008) <http://arstechnica.com/news.ars/post/20080508-new-bill-ties-net-neutrality-to-antitrust-law.html> at 10 May 2008; CNet News, Democrats revive another Net neutrality proposal (8 May 2008) <http://www.news.com/8301-10784_3-9939443-7.html> at 10 May 2008
[26] TechDirt, We Need A Broadband Competition Act, Not A Net Neutrality Act (26 February 2008) <http://www.techdirt.com/articles/20080225/135642351.shtml> at 28 February 2008
[27] TechDirt, Net Neutrality Legislation Expected In January (14 November 2008) <http://www.techdirt.com/articles/20081113/1531282827.shtml> at 16 November 2008
Saturday, December 20, 2008
FANTASTIC NEWS... maybe
It is reported that the RIAA are abandoning their mass lawsuit campaign against file sharers in the United States with suggestions that ISPs will be cooperating with them to provide warning notices. Since the litigation campaign commenced over 35,000 people have received letters of demand for payment of damages with the threat of litigation for illegally sharing music. All suits that have been commenced will be continued. It will be interesting to see what 'cooperating with ISPs actually means' - if that means poor quality evidence is used to disconnect accounts it is questionable whether this is a step forward or not.
Further Reading
ABC, US Music Industry Abandons Mass Piracy Lawsuits (20 December 2008) <http://www.abc.net.au/news/stories/2008/12/20/2451897.htm?section=justin> at 20 December 2008
CNet News, RIAA President: No talk of blakclisting file sharers (19 December 2008) <http://news.cnet.com/8301-1023_3-10127313-93.html?tag=newsLeadStoriesArea.1> at 20 December 2008
Wall Street Journal, Music Industry to Abandon Mass Suits (19 Decemebr 2008) <http://online.wsj.com/article/SB122966038836021137.html> at 20 December 2008
Digital Music News, Developing - Major Lables Endign Lawsuits Against Individuals (19 December 2008) <http://www.digitalmusicnews.com/stories/121908riaa/view> at 20 December 2008
Slyck, RIAA Drops Lawsuit Campaign – Mostly (19 December 2008) <http://www.slyck.com/story1812_RIAA_Drops_Lawsuit_Campaign_Mostly> at 20 December 2008
ZeroPaid, RIAA to Quit Suing File-Sharers, Wants ISPs to Disconnect Instead (19 December 2008) <http://www.zeropaid.com/news/9907/RIAA+to+Quit+Suing+File-Sharers%2C+Wants+ISPs+to+Disconnect+Instead> at 20 December 2008
EFF Deeplinks, RIAA v. The People Turns from Lawsuits to 3 Strikes (19 December 2008) <http://www.eff.org/deeplinks/2008/12/riaa-v-people-turns-lawsuits-3-strikes> at 20 December 2008
ArsTechnica, No more lawsuits: ISPs (19 December 2008) <http://arstechnica.com/news.ars/post/20081219-no-more-lawsuits-isps-to-work-with-riaa-cut-off-p2p-users.html> at 20 December 2008
Further Reading
ABC, US Music Industry Abandons Mass Piracy Lawsuits (20 December 2008) <http://www.abc.net.au/news/stories/2008/12/20/2451897.htm?section=justin> at 20 December 2008
CNet News, RIAA President: No talk of blakclisting file sharers (19 December 2008) <http://news.cnet.com/8301-1023_3-10127313-93.html?tag=newsLeadStoriesArea.1> at 20 December 2008
Wall Street Journal, Music Industry to Abandon Mass Suits (19 Decemebr 2008) <http://online.wsj.com/article/SB122966038836021137.html> at 20 December 2008
Digital Music News, Developing - Major Lables Endign Lawsuits Against Individuals (19 December 2008) <http://www.digitalmusicnews.com/stories/121908riaa/view> at 20 December 2008
Slyck, RIAA Drops Lawsuit Campaign – Mostly (19 December 2008) <http://www.slyck.com/story1812_RIAA_Drops_Lawsuit_Campaign_Mostly> at 20 December 2008
ZeroPaid, RIAA to Quit Suing File-Sharers, Wants ISPs to Disconnect Instead (19 December 2008) <http://www.zeropaid.com/news/9907/RIAA+to+Quit+Suing+File-Sharers%2C+Wants+ISPs+to+Disconnect+Instead> at 20 December 2008
EFF Deeplinks, RIAA v. The People Turns from Lawsuits to 3 Strikes (19 December 2008) <http://www.eff.org/deeplinks/2008/12/riaa-v-people-turns-lawsuits-3-strikes> at 20 December 2008
ArsTechnica, No more lawsuits: ISPs (19 December 2008) <http://arstechnica.com/news.ars/post/20081219-no-more-lawsuits-isps-to-work-with-riaa-cut-off-p2p-users.html> at 20 December 2008
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