ICE Seizes 300 More Sites; Can't Have People Watching Super Bowl Ads Without Permission

from the advertisements-without-permission? dept

Despite the massive failures of Immigration and Customs Enforcement’s (ICE) program to seize domains on questionable legal theories, it’s right back at it. ICE has just seized over 300 domains apparently all related to the Super Bowl (of course). They did this last year too… and now the US government is in court over it with the Rojadirecta sites. Many of the sites were selling counterfeit merchandise, which is a more reasonable target, but still seems to be overblown. I’m still at a loss as to how this is any of the government’s concern, rather than a civil issue that could be taken up by the NFL itself. Do we really want law enforcement officials spending time working for the NFL?

Sixteen of the sites in question, however, were supposedly offering video streaming — which is what Rojadirecta was accused of doing (under a bogus legal theory, since it didn’t actually offer the streams, but merely links). In this case, ICE also arrested one guy for running a streaming site:

Additionally, Yonjo Quiroa, 28, of Comstock Park, Mich., was arrested Wednesday by special agents with HSI. He is charged with one count of criminal infringement of a copyright related to his operation of websites that illegally streamed live sporting event telecasts and pay-per-view events over the Internet. Quiroa operated nine of the 16 streaming websites that were seized, and he operated them from his home in Michigan until yesterday’s arrest.

The website seizures during Operation Fake Sweep represent the 10th phase of Operation In Our Sites, a sustained law enforcement initiative targeting counterfeiting and piracy on the Internet. The 307 websites are in the process of being seized by law enforcement, and will soon be in the custody of the federal government. Visitors to these websites will then find a seizure banner that notifies them that the domain name has been seized by federal authorities and educates them that willful copyright infringement is a federal crime.

Of course, this has to raise a pretty significant question: exactly how is someone streaming the Super Bowl harming… well… anyone? The entire point of the Super Bowl is to get as many people watching the advertisements as possible. Having the game streamed only increases the number of people watching those ads. Who, exactly, is harmed by this?

In discussing these particular website seizures (not the ones about counterfeiting products), ICE ridiculously declares that it’s somehow protecting American ideas from being stolen. Do they even realize how idiotic that sounds? What “idea” is being stolen when someone makes it easier to watch the ads that go with the Super Bowl?

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Comments on “ICE Seizes 300 More Sites; Can't Have People Watching Super Bowl Ads Without Permission”

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119 Comments
Some Other AC (profile) says:

Re: Re: Re:4 Re:

Way to make an intelligent and thoughtful response. I find it absolutely telling that the ACs who support the more draconian methods of enforcing government sanctioned monopoly rents on the legacy content industries are some of the first to respond with “citation needed”.
Yet, when this query/response is used in rebuttal to a statement you make, you resort to childish and irrational responses. You response with the link to provide the “citation” requested was sufficient. Any thing after that did not directly support the initial response/rebuttal was inane and proved your childish mentality.
I think it is great that Techdirt allows for anonymous commenting, but find my patience taxed by the likes of you and your lackeys.

Robert A. Rosenberg (profile) says:

Re: Paying For Ads

JayTee posted “Companies paid good money for those adds… these people are stealing !!!!”

It is not the companies who paid the network whose produce is in theory being “stolen”. It is the network’s fee for delivering the eyeballs. If I am a company who wants my ad to be aired, I am charged based on the network airing for x number of households. By streaming the game and the embedded ads, you are, in theory, adding to the number of households/eyeballs which means that the companies should be happy since they are not being charged for all the viewers.

Note that I am not taking a view on if such streaming is right but only pointing out who is in theory being “harmed” which is the network NOT the sponsor.

Phillip (profile) says:

I'm sure people will go find a legitimate stream now...

I’m sure everyone that would’ve used these sites will now find a legitimate stream. Of course that assumes such a thing even exists.

Most likely they’ll just find someplace else to watch the ads/superbowl.
Especially since many of the users are likely not even inside the US and can’t even legally get access to the event if they wanted to fork over gobs of cash.

CeeVee says:

Re: I'm sure people will go find a legitimate stream now...

I live in the UK and enjoy watching American Football. During the regular season showed I watched the Sunday matches on ITV HD.
The NFL offers a season pass where you can watch all the regular season matches over the web. Unfortunately this does not include the playoff matches in the UK, so I watched the playoffs via a streaming website.
I’ll watch the Superbowl in HD on the BBC on Sunday, which because it’s a non-commercial channel doesn’t include any of the commercials.
As a fan my choice is to watch via TV because of the better picture quality, but where it’s not available I’ll settle for a web stream.

BentFranklin (profile) says:

I can understand why this is a criminal case. But why is it Homeland Security? Security infrastructure mission creep and continual widening of the definition of terrorism is a real threat.

As for the ads, the only thing I can think of they should be upset about is local ads. But I’m pretty sure this is more about control than money.

Anonymous Coward says:

Re: Re: Re:

http://sports.yahoo.com/blogs/nfl-shutdown-corner/tom-brady-used-illegal-stream-watch-super-bowl-163414793.html

From the article:
Brady made around $588,000 per game, plus his wife Gisele Bundchen is a gajillionaire supermodel. (OK, she’s worth $150 million which is still a whole lot of money.) You would think they could find a legal stream and pay for it, but that option was not available last year.

RD says:

Re: Re: Re: Re:

“You would think they could find a legal stream and pay for it, but that option was not available last year.”

And this is what the fuck-nuts who run Big Media need to get through their thick fucking skulls (and yes, the cursing IS necessary, to hammer the frustration home):

IF YOU DON’T PROVIDE A LEGAL WAY FOR SOMEONE TO GET IT, THEY WILL GET IT ANYWAY IN SPITE OF YOU.

This PSA has been brought to you by “Piracy has ALWAYS BEEN a part of the market, and always will be. You can’t legislate or sue it away. Deal with it, or stop whining, because it’s YOUR FAULT if it is a more popular (or only) option.”

Ben (profile) says:

Pre-Crime

I’m pretty sure the Super Bowl hasn’t happened yet, so unless the seizures are in response to the sites’ streaming of last year’s, then they haven’t (and could not have) streamed the Super Bowl. Time-space continuum issues aside, what proof of imminent crime is needed to seize a business? I doubt that these sites advertised their impending streaming, but rather that a user can reasonably assume it will be streamed.

Also, since this is obviously motivated by the content industry, will the seizure page link to the official free-stream? Yeah, probably not.

Anonymous Coward says:

Re: Pre-Crime

They were sites that streamed sporting and pay-per-view events. So it could be safely assumed they would stream upcoming sporting events, but they are not being charged with future crimes. They are being shutdown for their previous streaming activity.

ICE has a tendency to do these massive stings before large events like this. They had a big round of seizures right before last years super bowl as well. Because all kinds of people are going to rush out and buy HD cable and have it installed in time for the game now. Or watch it for free over theri rabbit ears but whatever, ICE will get around to arresting these antennas soon enough.

Anonymous Coward says:

Here's an idea...

Someone needs to release a little widget that overlays a small piece of text over an inconspicuous place of any video being presented that proclaims that…

“This video is being presented to make a political COMMENT about the IMPORTANCE of FAIR USE within our society.”

Then distribute the code to implement it and let the streams begin… 🙂

Anonymous Coward says:

Re: The streamers are "stealing" from the network

They don’t count real viewer ratings. All rating info is extrapolated from Nielsen still, another wonderfully stupid and outdated monopoly*. So unless a Nielsen family was going to stream the game it won’t affect the “ratings”

Yes, despite us living in an age were networks could be given real time viewer information accurate to the person, they still use Nielsen ratings. Yet another legacy industry that has become completely counter-productive that just refuses to go away.

Anonymous Coward says:

Re: The streamers are "stealing" from the network

Ahh well good thing for them the entire threat of online piracy of the Super Bowl is being addressed by the fact NBC is streaming the game live all by itself… well except for all those people they will likely cut themselves off from being paid for overseas who will need to watch the game illegally because NBC will probably not allow them to watch it legally.

http://www.nbc.com/super-bowl/

It’s almost as if they’re doing a pre-emptive strike to make sure they never have to admit that the reduction in piracy of the super bowl streaming has anything to do with the fact they’re offering it. Why would anyone watch a crappy stream when they can watch it in HD on their laptop legally.

Oh!

A different Mike (profile) says:

Blame the advertizing

Commercials that air on network TV can be both National and local. The cost for National advertizing is a heck of a lot more expensive than advertizing at the local level. Honda (for example) will be paying big bucks to advertize nationally. Joe’s Pizza Shack in rural Idaho will only pay a fraction of that to advertize in their local market. If they allow some kid in Idaho to stream the Superbowl, Joe’s Pizza’s ad reaches people all over the globe. So in a sense, Honda and other National-level advertisers are being “hurt” because they are being charged more for the same global coverage.

How many peopl ewill watch that kid’s stream? The NFL and the network don’t know, and can’t monetize it, so sorry kid, no stream for you.

Anonymous Coward says:

Re: Re:

They don’t have those numbers and most would rather watch the SB on a large TV screen, with quality imaging. So I doubt NBC gives a rat’s ass about “peeps watching elsewhere” because they guarantee a set number of viewers and they’ll meet that.

The advertisers are benefiting from free distribution, but that does not undercut NBC’s revenues one IOTA.

The sites were seized because they could be. Of the 300, 16 were confirmed to be selling counterfeit merchandise. What about the other 284? Linking to the sites who sell counterfeit merchandise? Can you guarantee that SiteA linking to SiteB means SiteA is fully aware that SiteB has counterfeit merchandise? How many sites proudly pronounce they have counterfeit merchandise? Wouldn’t doing so be like painting a bulls-eye on themselves for selling counterfeit goods?

Can you revise your logic a bit? Maybe provide citations for the accusation that NBC charges less because it’s avail online?

kryptonianjorel (profile) says:

This sucks

As a college sports fan, these websites were useful to me, as ESPN and the local channels only carry so many games. First off, I don’t have cable service; I can’t justify paying that kind of money for the few times I watch tv, and the few channels I would watch. Instead, I rely on OTA for football, and some of my college basketball needs. The games on ESPN, or the games that are not picked up by my local stations are now lost to me without these streaming sites.

There is no legal alternative for me to view these events, other than a $1200/yr cable bill, plus a subscription to my favorite team’s PPV video stream, which is $10/game. So there you go; you’re not converting pirates to legitimate customers, you’re just driving us to spend our time/effort/money elsewhere

Anonymous Coward says:

Re: This sucks

As a college sports fan, these websites were useful to me, as ESPN and the local channels only carry so many games. First off, I don’t have cable service; I can’t justify paying that kind of money for the few times I watch tv, and the few channels I would watch. Instead, I rely on OTA for football, and some of my college basketball needs. The games on ESPN, or the games that are not picked up by my local stations are now lost to me without these streaming sites.

There is no legal alternative for me to view these events, other than a $1200/yr cable bill, plus a subscription to my favorite team’s PPV video stream, which is $10/game. So there you go; you’re not converting pirates to legitimate customers, you’re just driving us to spend our time/effort/money elsewhere

Thus we return to the core issue. You (and other freeloaders) are too fucking cheap to pay, yet are so self-entitled, you don’t think you should have to forgo a program or game. All of this talk of censorship and freedom of speech demean those terms. This has always been about getting something of value for nothing and always will be.

ltlw0lf (profile) says:

Re: Re: This sucks

There is no legal alternative for me to view these events

Thus we return to the core issue. You (and other freeloaders) are too fucking cheap to pay, yet are so self-entitled, you don’t think you should have to forgo a program or game. All of this talk of censorship and freedom of speech demean those terms.

So, what part of English is hard for you to understand?

Or is it just that you rail so hard against your perceived enemy “pirate” that you just don’t care to read what the other person says and just yell “But…But…Piracy.” If there are no legal streaming options available other than buying a cable box, then it sounds like unmet demands by customers and a poor business decision.

ltlw0lf (profile) says:

Re: Re: Re:2 This sucks

And even if there was no legal alternative, why do you still think you’re entitled to it?

Did I say I was?

Yup…reading comprehension, you don’t gots it.

What I said is that if there is no legal alternative, then it is an unmet demand and a poor business decision. Whether folks turn to piracy or not is their own choice (I personally don’t care, as I have no interest in American Football,) but if I was a business person responsible for this, I’d be trying to figure out the best way to make the most amount of money by offering the customers who I am not meeting their demand with a legal option so that I could maximize my profits instead of ignoring them. But you can go on being dense, I believe in natural selection, and those who don’t adapt tend to disappear like the Dinosaurs.

Anonymous Coward says:

Re: Re: Re:3 This sucks

If there are no legal streaming options available other than buying a cable box, then it sounds like unmet demands by customers and a poor business decision.

This is what you said numb nuts. Not simply that there was no legal streaming option. Who’s the fucking nincompoop here? Apparently you’re one of those sissies who think football is a bunch of guys running around in their underpants kicking a round ball.

ltlw0lf (profile) says:

Re: Re: Re:4 This sucks

What I said is that if there is no legal alternative, then it is an unmet demand and a poor business decision.

If there are no legal streaming options available other than buying a cable box, then it sounds like unmet demands by customers and a poor business decision.

This is what you said numb nuts.

Yup. That is what I said.

Loki says:

Re: Re: This sucks

You talk about freeloaders, and yet it is the entertainment industry and the copyright elitists who are the biggest freeloaders of them all. Oh, I wrote a song, I wrote a book, (or more accurately in the vast majority of cases, someone else wrote a song, someone else wrote a book, but I extorted their copyright from them) so pay me for the rest of my life so I don’t have to work anymore, and pay my offspring, and perhaps their offspring for the next 70 years after I die so they don’t have to work either.

Stop being lazy. Stop being a whiner. Stop being annoying and go do something productive. But most importantly, just go away. Whatever you think you are contributing to society, I can assure you society can get along with just fine without you. Someone else who feels far less self-entitled will fill in the gaps just fine.

Anonymous Coward says:

Re: Re: Re: This sucks

but I extorted their copyright from them)

So the studios tell Spielberg or Eastwood if they don’t make a movie for them they’ll beat them up? This is one of the more laughable examples of the extremism you losers will go to in order to continue to freeload.

Given the hundreds of millions of instances of infringing around the world, it seems that society can’t live without the latest film, book or song. You solution would have us all sitting around watching “Sita Sings The Blues” and other worthless drivel passed off by talentless, cultural bottom-feeders.

Adrian Lopez says:

The Obama Administration's Priorities

Taking down domains without a trial; Secretly negotiating international IP treaties (ACTA and TPP); Threatening American ISPs into adopting a “six strikes” policy…

Judging by its actions, IP enforcement is clearly the Obama Administration’s top priority. Is it corruption, or is it just plain disregard for justice and the due process of law?

infowars (user link) says:

If your...

Still such a sheep that even watch the “super bowl” (or a bunch of men in tights groping on each other(you can get all that you want at the airport these days)) then I hope they take your domain too. All that trash, you ppl need to wake up and leave all their sh*t alone.. Never mind WW3 is about to pop off, never mind all the fluoride in your water, never mind the NDAA or HR 3166, never mind all the poisons in your shots, never mind they want you distracted and dead.. THE GAME IS ON!!! GO (insert some stupid team name here)!!

But what do I know.. My tinfoil hat has me protected!

Anonymous Coward says:

Mike, I am amazed that you slam something without considering all the implications.

Example: The guy streams from detroit, but the feed is viewed in, say, Omaha. Now, the local affiliate in Omaha paid for the rights to insert local commercials for OTA customers in their area. Yet, because of streaming, perhaps people are watching online, which lowers the value of their ads.

Another: the guy streams from detroit, but the viewers are in the UK. Now, a network in the UK paid for the rights to the superbowl, but because of the streaming feeds (the those precious US special ads) people don’t tune into the local UK channel. They lose viewers, which lowers the value of the feed to them, which in turn lowers what they can pay the NFL for the rights.

Your “innocent streaming” isn’t so innocent, sorry!

Franklin G Ryzzo (profile) says:

Re: Re:

The question I have to ask is why would anyone stream the game over the computer if they could simply tune into TV and watch it?

The only reason that I can think of for anyone to stream the game would be if they had no other way to view it. Streaming shouldn’t do anything but increase the total viewers. I mean seriously, who’s going to say “forget watching the game in free HDTV OTA… let’s go watch it all pixilated on my 19″ computer monitor! I love when the stream freezes… so much better than TV!!!!”

I can kind of understand wanting to stop PPV streams, but this is a free broadcast. Anyone who can watch on TV is going to do so. People trying to stream the game are people who don’t have a TV option like living in a country where it isn’t broadcast or perhaps they are at work without TV access. Every stream is an additional viewer, not someone choosing that medium over the higher quality option.

Anonymous Coward says:

Re: Re: Re:

“The only reason that I can think of for anyone to stream the game would be if they had no other way to view it.”

An example of those who might choose a steam over OTA signal would be in Canada. With sim-sub rules, cable and sat companies are required by law to replace the US signal with a Canadian source, meaning that the great superbowl ads are not seen by those people in Canada.

That loss of people to the “stream” could effect the value of the right for the game in Canada.

Franklin G Ryzzo (profile) says:

Re: Re: Re: Re:

Ok, that’s a reasonable example, but what do you think the prevalence of this activity would be? Do we punish the millions of people who don’t have access to watch the game simply because a handful of people might want to watch better commercials? While I understand that may be the industry position, it’s completely disproportionate and in the end it’s just spiteful.

RD says:

Re: Re:

“Example: The guy streams from detroit, but the feed is viewed in, say, Omaha. Now, the local affiliate in Omaha paid for the rights to insert local commercials for OTA customers in their area. Yet, because of streaming, perhaps people are watching online, which lowers the value of their ads.

Another: the guy streams from detroit, but the viewers are in the UK. Now, a network in the UK paid for the rights to the superbowl, but because of the streaming feeds (the those precious US special ads) people don’t tune into the local UK channel. They lose viewers, which lowers the value of the feed to them, which in turn lowers what they can pay the NFL for the rights.

Your “innocent streaming” isn’t so innocent, sorry!”

None of which is of ANY concern to me AS A CONSUMER. I dont CARE about their stupid back-end deals. That is THEIR PROBLEM to work out, how they structure their deals with broadcasters, cable, networks, etc. I am just Joe Consumer, and I just want to watch the fucking game. Shouldnt matter TO ME where I live, or how the advertising structure deal is for the game. They have a product they want people (me) to see. They have ads to pay for that. Logic would indicate then that they would want AS MANY PEOPLE to see it as possible. I mean, its a complete “DUH!” If you get paid based on more people seeing it, MAKE IT FUCKING AVAILABLE TO MORE PEOPLE! But nooooooo they have to have some elusive “control” over something they broadcast in the open air, then try to put the cap back on the bottle after all the beer has fizzed out. Idiots, every one of them.

Anonymous Coward says:

Re: Re: Re:

As always RD, you are a total idiot.

“None of which is of ANY concern to me AS A CONSUMER. I dont CARE about their stupid back-end deals. That is THEIR PROBLEM to work out”

You should be concerned as a consumer, because the only reason there is something there to pirate is because there is a functional business model to support it. You should care that they are making enough money (and selling enough ads) to justify your useless ass getting to sit in front of your computer and watch it.

Cause and effect, you really need to learn about it.

Until you understand the basics, I wouldn’t be calling anyone an idiot.

TtfnJohn (profile) says:

Re: Re:

Just how many people, in all honesty, do you think are watching the streamed “version” of the super bowl” rather than on NBC or whatever broadcaster is licensed to broadcast the game in countries outside the United States?

My bet is it’s well below 1% or even a fraction of 1%.

So it’s well beyond probable that the ad purchasers and networks got their monies worth, as will/did NBC.

The problem, as Mike has written, isn’t so much that these sites may have been involved in something illegal as what happens later where due process of law is tossed out of the window.

In this case, as well, the concern that ICE is acting as a one department enforcement arm of the entertainment industry.

Never fear, the Super Bowl will be watched by billions, the ads will get to their audience and everyone will be happy. Including those few who will watch it streamed, as it will be.

Anonymous Coward says:

Re: Re: Re:

Well, let’s take it as 1/10 of 1%. What is the licensing fee for the superbowl? Let say something like 50 million. So, even at your very, very small loss factor, you are still looking at $50,000 in lost value.

Considering ads are selling for 4 million per 30 seconds, the true value of the event is way higher… so you can imagine.

JBDragon says:

A scary joke

So why do we need SOPA or PIPA again when the government is already talking down whatever site it wants??? This is so wrong on so many levels already. It’s something CHINA would do!!! There’s little recourse in the matter. Right or Wrong, it doesn’t seem to matter. ZERO court order. What’s worse how is it that ICE of all Government agency’s are doing this??? How about they do their real job and protect the boarders!!!

John85851 (profile) says:

All about controlling content

As usual, this isn’t a case of publicity or how many people actually see the ads- it’s a case of the NFL (etc) controlling their content.
The TV networks have paid huge amounts of money to the NFL for the rights to air the Super Bowl so the NFL needs to enforce these rights. What would happen to the NFL’s airing fees if everyone could see the game or commercials for free?

Like the article says, the bigger question is why the government is enforcing the NFL’s airing rights.

Anonymous Coward says:

Copyright Idea?

Shows how little ICE understands the difference between Patents and Copyrights. Patents protect IDEAS and American ingenuity. Copyrights protect creativity and expression. With the present MASSIVE war on counter-fitting, I am must believe politicians feel the only value Americans have is to make movies and commercials. It is apparently not worth the governments time to protect commercial innovation.

Laughatbs says:

The streamers are "stealing" from the network

Yeah… Because the ratings make laws… Wait what? Ok provide a stream for the game as a ppv… No such thing? Ok then the NFL needs to move into the 21st century and make one. No excuse though for anyone in the US, it’s broadcasted on regular tv(not cable) so don’t see what the big deal is for a free Internet stream.

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