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samuelp
Industry Insider
Joined: 25 Nov 2007
Posts: 2246
Location: San Antonio, USA
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Posted: Wed Jun 17, 2009 1:28 pm
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Moomintroll wrote: |
samuelp wrote: | What about encryption? |
Rightly or wrongly, encryption has its own legal restrictions in a number of countries (including the UK). And what's to stop ISPs forbidding encryption as part of their service contract and cutting off the service of anybody using it? |
Simple, because all e-commerce relies on encryption. Everytime you pay for something with a credit card online, or use e-banking, or use the internet for almost anything involving personal data, you are using an encrypted connection.
All those laws against encryption basically make encrypting communications for _illegal_ purposes itself illegal. Similar to how trying to cover up a crime can be, itself, a crime (destroying evidence, for example).
Thus, there's the catch-22: You can't accuse someone of something illegal just because they're using encryption, but you can't prove what they are doing is illegal in the first place unless you break the encryption (which is itself illegal without a warrant).
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Onizuka666
Joined: 15 Sep 2003
Posts: 266
Location: U.K
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Posted: Wed Jun 17, 2009 2:19 pm
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I agree with you, Nomeru.
Even if this was influenced by the MPAA and RIAA in Japan, it won't make any difference. And the most dangerous thing about it, is that it only stands to hurt the anime industry more, which is already struggling.
Lesson No 1: You don't criminalise your potential customers. Its clear the MPAA don't give a damn about the niche industry of anime, because if anime studios start chasing fans over fansub, the industry could easily go into a second meltdown. We are still slowly recovering from the first.
As fans, we still hold the keys to the kingdom, because we are the only ones that will buy anime and keep the industry going with what are vital funds in these bleak times. The U.S/U.K/EU etc are where the real money is made now (and it really not that much).
We also must not forget, while the japanese are glad for the anime business, helping their crippled economy, fansubs and simulcasts are also vital to helping new fans into anime community, as well as preserving out of print/hard to find anime, especially when a huge portion of the anime fansubbed, never appears on U.S/U.K tv or shop shelves. And without fansubs, there would be no online industry. Take that away, and I honestly think it will hurt them more.
Fansubs and simulcasts are the best advertising the niche anime industry has, because once a show run finishes, there's already fans ready to buy those DVD. Remember to buy, people and everything is cool. I just don't see anime studios chasing fans for potential fines etc. And yes, even if they go after uploaders in Japan, nature will find a way around it.
My advice to other fans, procede with caution and don't go hacking servers, biting the very hand that feeds you anime.
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TatsuGero23
Joined: 18 Nov 2008
Posts: 1277
Location: Sniper Island, USA (It's in your heart!)
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Posted: Wed Jun 17, 2009 2:55 pm
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Like I kind of said before, its really too soon to see how this law is going to be applied. I really can't see the Japanese really going out and persecuting all types of downloading outside of legal downloads. I can't realistically see this law being used outside of tacking on more charges or being used on services that charge for downloads or black market type things like DVD bootlegs.
PetrifiedJello: First off I'm glad your not upset. It's hard to tell sometimes on the interweb. Plus this other guy flipped out when I generalize "english speaking" countries but then used US so he was upset I didn't type out all the the other countries.
Quote: | In these types of situations, wouldn't it be best to make a new law rather than bend the rules of an existing one? |
Yes, it is very life changing and in the future they will have a difficult time trying to get off the list until a new law or amendment is made for individuals in this situation or society can recognize the circumstances of the charge rather then taking the face value of the title itself.
Writing laws takes time and most are built from old cases to justify their creation or amending. They are not the only way laws can be made but they have a great influence in getting them made or changed. The system prevents the notication of creating a new law on the spot for a new case because of those justifications. Realistically you also wouldn't do that cause the that law becomes more valuable to the distortion you were talking about since it may not have been effectivily or thorough thoughtout. It's deffective in a sense and in some cases but it also protects an individuals rights to a fair trial. And yes, the word fair can vary greatly but in law, it means on terms of present laws. The same reason you can't be retried on pass charges once ruled except in cases of civil to criminal or whatnot. Or even if a new law can be applied to it. Working along the lines of "how can you break a law back then that didn't even exist?"
Other issues of time also effect the outcome of how cases will rule all together. Lawyers can argue and sway juries over issues of why charges weren't made eariler. They can argue the incident predates in written law and in fairness should not be applied. Human nature is also effected by how long it took when for the charges to go through. There's also the issue that the law you need may never be passed unless your case serves as an example as to why it should be. There's also risk that newer laws can be used or bent to turn down your charges or help your opponents evade the charges.
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Quote: | You don't just write something and its copyrighted. |
I'm sorry, but I stopped reading once I saw this. My friend, this is how ignorance is spread. Your statement is inaccurate, and the opposite is most certainly true and law.
Even the very forum post you submitted is copyright to you. ANN even addresses this with their copyright statement. Read it when you get a chance. |
I guess in terms of being able to slap the word "copyright" on anything then I can't argue that and you are correct. No matter what kind of alternatives I present it doesn't change the notation that technically you can put the copyright label on forum quotes and rants. Pardon my ignorance when being realistic over the issues of copyright infringement outside what can or can't be applied under the term of fair use clause or what can be used as evidence in copyright cases or to legally justify notation of infringement or legimate ownership when the content amounts to forum quotes or flames or is only part of a much grander or extensive work of literary nature. It was ignorant of me to include all that other stuff as well when considering what it takes to uphold a copyright that doesn't have a legal document claiming those rights and using that the determine my use of the word "copyright" and how it is applied. WOW. what. a. fool. I. am. how. ignorant. eh?
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Moomintroll
Joined: 08 Oct 2007
Posts: 1600
Location: Nottingham (UK)
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Posted: Wed Jun 17, 2009 5:28 pm
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samuelp wrote: | Simple, because all e-commerce relies on encryption. Everytime you pay for something with a credit card online, or use e-banking, or use the internet for almost anything involving personal data, you are using an encrypted connection. |
Good point - I hadn't thought of that. I presume it would be possible, theoretically, for an ISP to distinguish between encrypted communications to or from a valid company, agency, charity or other verifiable organisation and encrypted communications between private individuals but I suppose the whole thing would be too complicated, expensive and loophole ridden to be workable.
Quote: | You can't accuse someone of something illegal just because they're using encryption, but you can't prove what they are doing is illegal in the first place unless you break the encryption (which is itself illegal without a warrant). |
The UK laws on this are actually rather draconian (though very rarely used). They don't need to "break" the encryption if they have a warrant to search your computer: you give them the key upon request or you get a mandatory sentence measured in years. And, no, forgetting the key is not a valid defence.
As for proving what you're doing in the first place, proof isn't required to obtain a search warrant on either side of the Atlantic (just reasonable grounds for suspicion - i.e. probable cause - including hearsay evidence). After all, if you already had proof you wouldn't need the warrant.
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edzieba
Joined: 13 Dec 2006
Posts: 704
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Posted: Wed Jun 17, 2009 7:22 pm
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TatsuGero23 wrote: | I guess in terms of being able to slap the word "copyright" on anything then I can't argue that and you are correct. No matter what kind of alternatives I present it doesn't change the notation that technically you can put the copyright label on forum quotes and rants. Pardon my ignorance when being realistic over the issues of copyright infringement outside what can or can't be applied under the term of fair use clause or what can be used as evidence in copyright cases or to legally justify notation of infringement or legimate ownership when the content amounts to forum quotes or flames or is only part of a much grander or extensive work of literary nature. It was ignorant of me to include all that other stuff as well when considering what it takes to uphold a copyright that doesn't have a legal document claiming those rights and using that the determine my use of the word "copyright" and how it is applied. WOW. what. a. fool. I. am. how. ignorant. eh? |
I suppose you see the irony of writing a whole rant over how some laws apply too broadly and need to be changed, then miss entirely the point about how broadly current copyright law applies and that IT may need to be changed..
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The_X_box_360
Joined: 04 Apr 2009
Posts: 91
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Posted: Wed Jun 17, 2009 8:18 pm
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edzieba wrote: |
The_X_box_360 wrote: | Encryption doesn't mask your connection activity. In other words, the IPs you connect to, as well as the ones connecting to you, are still visible, along with the flow and volume of data between you're connections.
That's essentially what this is all about. I imagine that it would only ever take a few minutes of research to identify the IPs and determine if you're likely file-sharing or not, encryptions be damned. |
Whoah-ho-ho there. Encryption prevents you from knowing what is being transferred, only that something has probably (deliberate sending of bogus data) been transferred Once you start equating "high bandwidth usage" with "sharing of copyrighted files", the internet is essentially dead. |
I'll say, again, encryption doesn't mask your connection activity. I've said nothing that suggests that "high bandwidth usage" would be equated with "sharing of copyrighted files".
-It's the number, flow and volume of IP connections you're making that can easily identify individuals who are making excessive use of file-sharing applications. So easy, in fact, that your activity is clearly differentiated from that of someone who's playing a massive online game.
-From there, it can be as simple as an inobtrusive (to "general" consumer confidence as a whole) alteration to your connection, firewalling off all incoming torrent peer connections; or it could be as harsh as a connection termination.
It doesn't have to have anything to do with "high bandwidth usage".
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Meson
Joined: 28 Jun 2002
Posts: 219
Location: Buffalo, NY
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Posted: Wed Jun 17, 2009 8:55 pm
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Onizuka666 wrote: | I agree with you, Nomeru.
Even if this was influenced by the MPAA and RIAA in Japan, it won't make any difference. And the most dangerous thing about it, is that it only stands to hurt the anime industry more, which is already struggling.
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You mean to say MPA|J and RIAJ. The Japanese companies are much more draconian than their American counterparts. You can nagotiate with the RIAA (I do it all the time). Not so much with the RIAJ.
With that said, this is just the Japanese DMCA, but without the fair use clause. I won't look too much into this other than the Japanese being Japanese.
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edzieba
Joined: 13 Dec 2006
Posts: 704
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Posted: Wed Jun 17, 2009 9:52 pm
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The_X_box_360 wrote: | -It's the number, flow and volume of IP connections you're making that can easily identify individuals who are making excessive use of file-sharing applications. So easy, in fact, that your activity is clearly differentiated from that of someone who's playing a massive online game. |
Who said anything about games? Creating many connections to different machines is hardly the sole domain of copyright infringement, you know. Blanket banning of peer to peer traffic is nowhere near a good thing.
Basically, ISPs assumed nobody would ever attempt to use all the bandwidth they were actually sold, and thus massively oversold what they had available. Now this assumption has proven to be false, the ISPs are up shit creek and trying to invent a legal paddle (nebulous and ironically named 'fair use' agreements), at the expense of slowing IPTV adoption and basically causing problems for anyone who actually attempts to use the bandwidth that they've been sold.
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Greboruri
Joined: 09 Jul 2003
Posts: 387
Location: QBN, NSW, Australia
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Posted: Wed Jun 17, 2009 10:32 pm
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Mohawk52 wrote: | Like the US "wild wild west" of the 19th Century, that was like the internet is today, it was eventually tamed and regulated under the rule of law |
How is the internet a "lawless" place now? It is currently subject to laws and regulations in every country right this very minute. This is the same drivel that religious groups like the Australian Christian Lobby and the censorware vendors are screaming about in an attempt to knacker law abiding Australians in using the internet (our souls have to be saved from all the "filth" pouring into Australian homes and software manufacturers need to make a profit by censoring us. Just ask Senator Stephen Conroy). The lack of enforcement of these laws does not mean the laws do not exist.
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Mohawk52
Joined: 16 Oct 2003
Posts: 8202
Location: England, UK
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Posted: Thu Jun 18, 2009 12:59 am
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Greboruri wrote: |
Mohawk52 wrote: | Like the US "wild wild west" of the 19th Century, that was like the internet is today, it was eventually tamed and regulated under the rule of law |
How is the internet a "lawless" place now? It is currently subject to laws and regulations in every country right this very minute. This is the same drivel that religious groups like the Australian Christian Lobby and the censorware vendors are screaming about in an attempt to knacker law abiding Australians in using the internet (our souls have to be saved from all the "filth" pouring into Australian homes and software manufacturers need to make a profit by censoring us. Just ask Senator Stephen Conroy). The lack of enforcement of these laws does not mean the laws do not exist. |
Bloody'ell mate! Over react much? It was the same problem back then too, which is what I meant. Unenforced laws=lawless for all intents and purposes.
Last edited by Mohawk52 on Thu Jun 18, 2009 1:51 am; edited 1 time in total
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tissuebubble
Joined: 21 Apr 2006
Posts: 49
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Posted: Thu Jun 18, 2009 1:45 am
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The_X_box_360 wrote: |
edzieba wrote: |
The_X_box_360 wrote: | Encryption doesn't mask your connection activity. In other words, the IPs you connect to, as well as the ones connecting to you, are still visible, along with the flow and volume of data between you're connections.
That's essentially what this is all about. I imagine that it would only ever take a few minutes of research to identify the IPs and determine if you're likely file-sharing or not, encryptions be damned. |
Whoah-ho-ho there. Encryption prevents you from knowing what is being transferred, only that something has probably (deliberate sending of bogus data) been transferred Once you start equating "high bandwidth usage" with "sharing of copyrighted files", the internet is essentially dead. |
I'll say, again, encryption doesn't mask your connection activity. I've said nothing that suggests that "high bandwidth usage" would be equated with "sharing of copyrighted files".
-It's the number, flow and volume of IP connections you're making that can easily identify individuals who are making excessive use of file-sharing applications. So easy, in fact, that your activity is clearly differentiated from that of someone who's playing a massive online game.
-From there, it can be as simple as an inobtrusive (to "general" consumer confidence as a whole) alteration to your connection, firewalling off all incoming torrent peer connections; or it could be as harsh as a connection termination.
It doesn't have to have anything to do with "high bandwidth usage". |
That works for bittorrent due to how it operates (by opening tons of connections to peers). However, annonymous p2p doesn't need to do that. It can work with only a few connections (if I remember the white papers I read it needs to be over 3 for security). Done correctly it wouldn't look any different than someone VPNing into their business network to upload some files.
Quote: | On Friday, the Japanese parliament passed an amendment that will make it illegal to knowingly download copyrighted material without authorization for the first time |
So it is still legal to act as a node in the anonymous, onion-routing p2p apps. "I never downloaded that file! Someone else on the network did!" The ISP has no idea what is being downloaded or uploaded, and the end user doesn't even know who they are communicating with. Nice law if only it weren't useless.
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mglittlerobin
Joined: 28 Aug 2008
Posts: 1071
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Posted: Thu Jun 18, 2009 9:03 am
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The Freetards are just complaining because the source for their raw anime for their fansubs might go away. I used to download to preview anime but since I found legal streaming it's introduced me to some shows I would have never seen. I'd only been watching the popular stuff. Legal streams are great and I wish they would stream more big name stuff, but after the One Piece incident I don't know how many companies would want to.
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The_X_box_360
Joined: 04 Apr 2009
Posts: 91
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Posted: Thu Jun 18, 2009 9:33 am
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mglittlerobin wrote: | The Freetards are just complaining because the source for their raw anime for their fansubs might go away. I used to download to preview anime but since I found legal streaming it's introduced me to some shows I would have never seen. I'd only been watching the popular stuff. Legal streams are great and I wish they would stream more big name stuff, but after the One Piece incident I don't know how many companies would want to. |
Freetards? I'm almost ashamed of how much that word just made me laugh.
Hopefully, the incident with One Piece at Funimation will only negatively effect their future in streaming. It would be great if other companies could not be punished or scared off due to Funimation's incompetence.
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TatsuGero23
Joined: 18 Nov 2008
Posts: 1277
Location: Sniper Island, USA (It's in your heart!)
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Posted: Thu Jun 18, 2009 10:35 am
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edzieba wrote: | I suppose you see the irony of writing a whole rant over how some laws apply too broadly and need to be changed, then miss entirely the point about how broadly current copyright law applies and that IT may need to be changed.. |
edzieba: Yes, and Exactly.
Honestly sometimes it feels like some kind of really twisted game that only lawyers and lawmakers can play or people with alots of money and free time. Seeing what applies and what or when it doesn't and so forth. Except the prize is someone's life or livelihood. It's depressing, vexing, but at the same time you can grasp why things are setup the way they are. Laws and policies can protect you to the fullest but also damn you in the harshiest, even in the most unexpected of ways. Even then some cases are decided more on human judgment and nature rather then just facts and circumstance.
And PetrifiedJello: I just felt like I had to apologize a little bit for my little blow up. Your ignorant statement really rubbed me the wrong way but I'm still gonna apologize for being a bit of a jerk towards you at the end. Sorry. You don't have to say anything, just needed to get that out of my system.
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