System Used By New Six Strikes CAS, Falsely Identifies Game Mods As NBC TV Shows

from the this-is-going-to-be-a-disaster dept

Reader David Sutherland emailed us this week about a DMCA notice that he received via his MediaFire account. The notice, which we’ve included below (including all of the crappy formatting) claimed that he was using MediaFire to host “one of the following files: Downton Abbey, CONTRABAND (2012), GRIMM (2011), House M.D., MAN WITH THE IRON FISTS, THE, The Office.” The “file” they claimed was one of those TV shows/movies was “Cantha Cartography Made Easy 2009.tpf” which is actually a game mod for Guild Wars. You might possibly be able to argue that ArenaNet, makers of Guild Wars could have a copyright claim (maybe, sorta), but that’s not who sent the notice and it’s not what they claimed it was. Sutherland notes that he set up this MediaFire account solely to host game mods and has never hosted any other content there.

So, who sent the DMCA takedown? Dtecnet. And, as you can see from the messy, messy DMCA notice below, they tried to takedown a huge list of files. If Sutherland’s experience is anything to go by, you have to wonder how many of them are actually infringing.

Of course, we’ve seen plenty of bogus DMCA takedowns. It happens all the time. But this one is doubly important, because it’s from DtecNet, a division of MarkMonitor. MarkMonitor/Dtecnet also just happen to be the company providing the key monitoring for the new “six strikes” Copyright Alert System (CAS). The Center for Copyright Information has a web page on its site about an “independent expert assessment” of MarkMonitor’s antipiracy methodologies. Except… that page is completely blank. Perhaps, if they’re looking to do an analysis, figuring out why they’re taking down content that has nothing to do with what they claim would be a good place to start.

Good thing the CAS works entirely based on accusations, without needing to show any proof at all, huh?

Dear MediaFire User:
MediaFire has received notification under the provisions of the Digital Millennium Copyright Act ("DMCA") that your usage of a file is allegedly infringing on the file creator's copyright protection.

The file named Cantha Cartography Made Easy 2009.tpf is identified by the key (wwd52mmqdzu).

As a result of this notice, pursuant to Section 512(c)(1)(C) of the DMCA, we have suspended access to the file.

The reason for suspension was:

ATE: 22 February 2013Dear Sir/Madam:Please be advised that NBC Universal and/or its subsidiary and affiliated companies(collectively, NBC Universal) are the owners of intellectual property rights in numeroustelevision shows and motion pictures. NBC Universal diligently enforces such intellectualproperty rights.mediafire.com is and has been infringing NBC Universal's intellectual property rights innumerous properties including, but not limited to, the title(s) listed at the bottom ofthis letter. By way of example, we are providing with this letter a non-exhaustive listof unauthorized copies of NBC Universal properties hosted on mediafire.com, along with theURL corresponding to each listed infringing file. NBC Universal demands that mediafire.comimmediately remove or otherwise disable access to the video files identified in thisletter, and cease and desist from any further infringement of NBC Universal properties.The undersigned has a good faith belief that mediafire.com's use of NBC Universal propertyas referenced herein infringes NBC Universal's rights and is not authorized by NBCUniversal, its agent or the law. The information contained in this notification isaccurate. Under penalty of perjury, the undersigned is authorized to act on behalf of NBCUniversal with respect to this matter.Please be advised that this letter is not a complete statement of the facts or law as itmay pertain to this matter, or of NBC Universal's positions, rights or remedies, legal orequitable, all of which are specifically reserved.Title(s):Downton AbbeyCONTRABAND (2012)GRIMM (2011)House M.D.MAN WITH THE IRON FISTS, THEThe Office USURLs:http://mediafire.com/?1bou1zqzn4l7nb2http://mediafire.com/?y0m7m9w9pb2fhjphttp://mediafire.com/?vg7qb66jgqyemtnhttp://mediafire.com/?hvqtvh3nvwq7nykhttp://mediafire.com/?nmnjijymy3yhttp://mediafire.com/?qmlgm1czmeyhttp://mediafire.com/?tdegwnu3mmyhttp://mediafire.com/?e1ukowjo4ma9acwhttp://mediafire.com/?3tghissfp39dqhuhttp://mediafire.com/?f2h1t8718jh7267http://mediafire.com/?gtymbun1nmyhttp://mediafire.com/?wgmziyebdrthttp://mediafire.com/?yzt028htel3kybshttp://mediafire.com/?zmjnnyjmwzkhttp://mediafire.com/?evuq8rfelr6il3lhttp://mediafire.com/?a6ozn7ko1b3k0c7http://mediafire.com/?ow31jwf7vehd9vbhttp://mediafire.com/?b7kgbb64gksmb74http://mediafire.com/?pgd6i8xpvenqx5uhttp://mediafire.com/?b1m0jdynny4http://mediafire.com/?oznmnze3wnthttp://mediafire.com/?rdnmznywa30http://mediafire.com/?tdtu2mylog2http://mediafire.com/?eizavmm2niehttp://mediafire.com/?tm2je05ldtzhttp://mediafire.com/?yyyboymwmjjhttp://mediafire.com/?nlztxhwmhoj/veritashttp://mediafire.com/?ls4tcadu2o32diyhttp://mediafire.com/?7313n6adb15nnschttp://mediafire.com/?padpwzh61j244aghttp://mediafire.com/?e0a7k9wapjw9i0ihttp://mediafire.com/?gcc833l4g4drdufhttp://mediafire.com/?ktulmoyzdmkhttp://mediafire.com/?zj4mveiytjfhttp://mediafire.com/?7ulq2ir7ihbpi8shttp://mediafire.com/?kmjzmxzz2zjhttp://mediafire.com/?ljfhkk0j2stbvs6http://mediafire.com/?273rki8u82w7fp4http://mediafire.com/?6ls1lf7yob555lohttp://mediafire.com/?7pa9pnwe5slxnd4http://mediafire.com/?7rt3kcdaae6w1sshttp://mediafire.com/?rm7fc6cibqcnyw7http://mediafire.com/?rsqqiheb43ea4y7http://mediafire.com/?16gdu1ji8kqnj9rhttp://mediafire.com/?1q75d6zgi1xi6zvhttp://mediafire.com/?4bt6ds5kc71rb1xhttp://mediafire.com/?7x829m2ie0x9z7ohttp://mediafire.com/?cst5g74aa6coltmhttp://mediafire.com/?fuuboauijdjwrathttp://mediafire.com/?g9zvkqg791lq7orhttp://mediafire.com/?kdg8m6h0wsl603chttp://mediafire.com/?lh9fxoo5d6r8qq3http://mediafire.com/?my6g8p996mf1f38http://mediafire.com/?rp7ohuo83rnssgmhttp://mediafire.com/?w05but70di7x74shttp://mediafire.com/?x7r0vpo8pzawl99http://mediafire.com/?yd6107276fptinrhttp://mediafire.com/?ymnws8bipzfq76shttp://mediafire.com/?drbqy4108k7q855http://mediafire.com/?12yvxesauvjl3jyhttp://mediafire.com/?17uk1k9p34rqqhahttp://mediafire.com/?18g2yck0jks8525http://mediafire.com/?1ig3u5barmh17akhttp://mediafire.com/?33a7ozjp86h5n6ghttp://mediafire.com/?3hbpu3as7gj2156http://mediafire.com/?48yl6tbull0zmb4http://mediafire.com/?78ngalvm1vrp70fhttp://mediafire.com/?7kwt5l1f8bicsw2http://mediafire.com/?9stvlzryp8d4ppuhttp://mediafire.com/?a0jdamcjr49jdxrhttp://mediafire.com/?bg33urlkiks8o6bhttp://mediafire.com/?bipod3ynn1jxdwchttp://mediafire.com/?cec61oz0mimcx7khttp://mediafire.com/?dzeqg8qyyytw0pbhttp://mediafire.com/?etq7a9fb78uruwjhttp://mediafire.com/?f1nhgbk5e53gudvhttp://mediafire.com/?iny7bxmea6n3xahhttp://mediafire.com/?njod5uobvrja5zjhttp://mediafire.com/?slgds2j99dg4uqwhttp://mediafire.com/?tfcbz884bt7uynyhttp://mediafire.com/?vdzrbm472crxc86http://mediafire.com/?x66g3y42upblw7mhttp://mediafire.com/?znavg86hrn6js99http://mediafire.com/?xx30trb9eb45y2chttp://mediafire.com/?pz7t8pxcidone48http://mediafire.com/?t1wyzyiwznnhttp://mediafire.com/?1dxwcdjqvjhal3xhttp://mediafire.com/?2vizgxmutzdhttp://mediafire.com/?3peg129zntahttp://mediafire.com/?mhn4ozjzm3zhttp://mediafire.com/?mzt1vrmqfj1http://mediafire.com/?nlntyoduy4nhttp://mediafire.com/?ul1f3lg1z2ohttp://mediafire.com/?wzjzzrjtzemhttp://mediafire.com/?xzvwzmbljojhttp://mediafire.com/?yo0mw3lsk3xr3l9http://mediafire.com/?yzzi5snwtbyhttp://mediafire.com/?z0njvmmmpm5http://mediafire.com/?zuz0mnagieahttp://mediafire.com/?zyddktw1qgyhttp://mediafire.com/?zztmzmnjfmzhttp://mediafire.com/?3z1ce5qm22epc3vhttp://mediafire.com/?0lbm8guv5e8jiguhttp://mediafire.com/?1zw5dzlg160sq1mhttp://mediafire.com/?2poz3c099lrhpb9http://mediafire.com/?4c62i6qqn79b24dhttp://mediafire.com/?5822vf51mkfb4bfhttp://mediafire.com/?5g7r756297trma1http://mediafire.com/?70gp2xkm0d071dyhttp://mediafire.com/?9mkqsrrddsnni78http://mediafire.com/?afk482x432c8nvjhttp://mediafire.com/?dn13ffgg4goac2fhttp://mediafire.com/?ewxfw9lbq7bqw9chttp://mediafire.com/?jaamb4xfgdsm81phttp://mediafire.com/?jl0uibcne54iyobhttp://mediafire.com/?k6uub61o3ytt0c7http://mediafire.com/?lljqepnvan3i3zphttp://mediafire.com/?m0bpusp20pzz2t4http://mediafire.com/?mw8b5ovdufyp8zwhttp://mediafire.com/?rzamipxps88uf3chttp://mediafire.com/?siaxvanbi2aabashttp://mediafire.com/?txq4j3q5r9kxai5http://mediafire.com/?u6oo5yi3ri3owefhttp://mediafire.com/?xwwfhn5xcpf1fuwhttp://mediafire.com/?z4jmqxxcoxsafqjhttp://mediafire.com/?19ijrxqp2lueikahttp://mediafire.com/?1ftu9t02zk5dsrahttp://mediafire.com/?28c8xjewlscfwo2http://mediafire.com/?6nfd9lhqrm0m5rrhttp://mediafire.com/?6uks7zgx2oo4k1jhttp://mediafire.com/?7sovelm1wbbo337http://mediafire.com/?88hhjjqkpisz2lrhttp://mediafire.com/?8kgkdszyen6ngtihttp://mediafire.com/?bby93xpcthhf6k5http://mediafire.com/?cezt3ke2d1da6u3http://mediafire.com/?eghsoe4yb1iab33http://mediafire.com/?g522ata6b20rvzmhttp://mediafire.com/?h5zi28y255zypp8htt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truly yoursAnti-Piracy Technical Operations100 Universal City PlazaUniversal City, CA 91608tel. (818) 777-4876fax (818) 866-2155Please reply to info.antipiracy@dtecnet.com, replies sent to no-reply@dtecnet.com will beignored.
Information about the party that filed the report:

Company Name: DtecNet
Contact Address: P.O. Box 900 Los Angeles, CA 90035
Contact Name: DtecNet
Contact Phone:
Contact Email: antipiracy@dtecnet.com
Copyright infringement violates MediaFire's Terms of Service. MediaFire accounts that experience multiple incidents of alleged copyright infringement without viable counterclaims may be terminated.

If you feel this suspension was in error, please submit a counterclaim by following the process below.

Step 1. Click on the following link to open the counterclaim webpage.

http://www.mediafire.com/myaccount/suspension_claim.php? u=****** (Claim specific link censored for privacy)
Step 2. Use this PIN on the counterclaim webpage to begin the process:

**** (PIN censored for privacy)

Step 3. Fill in the fields on the counterclaim form with as much detail as possible."

Filed Under: , , , ,
Companies: dtecnet, markmonitor, nbc

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Comments on “System Used By New Six Strikes CAS, Falsely Identifies Game Mods As NBC TV Shows”

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232 Comments
Anonymous Coward says:

it also shows that the accusations that there was some sort of ‘favoritism’ between Dtecnet and Lesser (CAS head) because the problems that abound here were brought up before, then ignored. it could easily have been that she was ordered to accept that company for monitoring simply because it was known to have no real methodology that worked and would always come down in favour of the entertainment industries. what a shame it is that no one has yet had to get any monitoring company to produce in court how it arrives at the conclusions it does or the results that are used against those that are accused of wrong doing. that could be interesting!!

art guerrilla (profile) says:

Re: Re: Re: your boat...

…or a john dos passos fan ! ! !
hee hee hee
…or a lazy puke like me ! ! !
ho ho ho
…or a person interested in communicating substance over style ! ! !
ha ha ha
…or a ne’er-do-well who likes tweaking the nares of grammar police…
ak ak ak

to the point:
1. given it is an insidious sellout of their customers and their rights…
(more quasi-private korporate actors evading the constitution and, well, you know, morals… yes, i know: if the constitution is ‘quaint’, according to a recent emperor, then ‘morals’ are a sick joke…)

2. given i agree with the original poster’s assessment of the Big Media big wigs nefariously and purposefully choosing a korporate bootlick they know will shotgun out a billion takedowns, regardless of validity…

exactly like 2000+ florida rethugs ‘filtered’ their (florida’s peoples’?) database lists of ‘felons’ (sic) etc to catch the MOST number of people (gee, usually dem’rats of color, how odd is that?), 90% plus of whom did NOT have felony convictions that would disqualify them (unfortunately) by florida law… if they had ANY part of a last name and initial which matched a felon’s ANYWHERE in the US, they were booted from the voting rolls…

kampers, the racists never went away, they just got insidious… its all perfectly legal-like… just like gassing jews was all, you know, perfectly ‘legal’…

personally, i’m looking into both public DNS services and a VPN… and i don’t pirate nuthin’…

fuck them motherfuckin’ eagles…

art guerrilla
aka ann archy (ahem ‘archy and mehtabel’)
eof

silverscarcat says:

So...

Lemme get this straight…

Files that are used for game modding…

Which have NOTHING to do with ANYTHING on NBCUniversal…

Received a DMCA takedown notice by the group that’s supposed to do the independent reviews for the new 6 strikes program…

Again, to those of you who think that the 6 strikes program is a good thing…

Ready to admit it yet?

Dr. Cox, if you would…

http://www.youtube.com/watch?v=WrjwaqZfjIY

Anonymous Coward says:

Mike, Mike, Mike…so quick to judge and to put defects.

Don’t you see that the system is still in it’s infancy. Some hiccups are to be expected. It is, after all, a very complex system.

I’d give it a few more weeks before I started criticising. I mean, I am certain that by then the hiccups should’ve grown into something much more serious and/or embarrassing and/or hilarious. Like incontinence.

(Personally, I am waiting for the day that on of those network-controlled thermostats is accused of copyright infringement. Let’em feel the heat, I say)

Anonymous Coward says:

Re: Re:

Don’t you see that the system is still in it’s infancy. Some hiccups are to be expected. It is, after all, a very complex system.

I’d give it a few more weeks before I started criticising. I mean, I am certain that by then the hiccups should’ve grown into something much more serious and/or embarrassing and/or hilarious. Like incontinence.

(Personally, I am waiting for the day that on of those network-controlled thermostats is accused of copyright infringement. Let’em feel the heat, I say)

Wait? There’s no wait!!!!!!!!!!! This is the same company hired by CAS, and IT MADE A MISTAKE!!!!!!!!!!!!!!!!!!! OMG!!!!!!!!!!!!!!!!!!!!!!!!! THIS IS HUGE!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

Anonymous Coward says:

Re: Re:

“Don’t you see that the system is still in it’s infancy. Some hiccups are to be expected. It is, after all, a very complex system.”

You’re telling me that a system that accuses people of doing illegal things is okay to falsely accuse people for a few weeks?

I have a one word response for that: BULLSHIT

If you’re going to be accusing people of doing something wrong and penalize them for it (give them strikes, take down their stuff, etc), you better well have a working system. We’ve been waiting over a year for this system to roll out. Test the sob before you roll it out to the public and start falsely accusing people.

Thomas Jefferson says:

Re: Re: Re: Re:

That’s why the USA has presumption of innocence, “beyond a reasonable doubt” as a standard for testimony and evidence, and due process. The laws and law-makers are presumed fallible and flawed. The US system nominally has safeguards against mistakes.

It seems to me that CAS is running a distinctly un-American system. As a US Citizen, I find CAS distastefully totalitarian.

btr1701 (profile) says:

Re: Re: Re:2 Re:

That’s why the USA has presumption of innocence,
“beyond a reasonable doubt” as a standard for
testimony and evidence, and due process.

Actually, all of that only applies to criminal cases. Civil cases (which is what these copyright accusations are), do not involve a presumption of innocence, and the evidentiary standard is much less– ‘preponderance of the evidence’, not ‘beyond a reasonable doubt’.

Anonymous Coward says:

Re: Re: Re: Re:

Wanting some laws repealed is different than wanting all laws repealed. That some laws maybe good doesn’t make all laws good. That your argument seems to neglect this fact shows how bankrupt your argument is.

and as someone subject to these laws I should have a proportional voice over what the laws are. I’m sick and tired of heartless corporations with no regard for morality having a disproportional voice over what the laws should be.

G Thompson (profile) says:

Re: Re:

You’re saying that Dtecnetand the ‘secret magical highly technological’ method /sarc they use that has been shown in Australia and elsewhere to be absolutely wrongful and that the highest court in Australia would not authorise those methods for evidential use without seeing what they were in camera so as to keep it secret and not publicly accessible, is so young that hiccups are bound to occur? When they have been using this ‘method’ which is upon knowledge and belief no less is basically the analyses of one instant of a stream collecting the IP address, timestamp, and file link ONLY.

HA ha ha ha ha ha ha ha…

The criticism of them for evidential authenticity and reliability of them, not to be confused with the high statistical rate of the false flags they admit to themselves under oath, has been going for years. It’s not new. Just your idiotic government allowed themselves to be duped into believing there specious marketing crap

Anonymous Coward says:

Mike Masnick thinks anomalies and outliers where people are falsely accused are good enough reasons to do away with rules and laws.

Therefore, it’s perfectly reasonable to deduce he thinks rape and murder laws should be done away with, as there are also incidences of people being falsely accused.

Unless of course Mike Masnick thinks only murder and rape are bad, and infringement, exploitation and disenfranchisement are good.

Anonymous Coward says:

Re: Re: Re:

Below is the censored comment. All the pirates here on Techdirt like to scream “free speech” and talk about censorship, but of course they have no problem censoring anything that doesn’t agree with Mike Masnick’s pro-piracy agenda.

Tells you everything you need to know about the people here.

“Mike Masnick thinks anomalies and outliers where people are falsely accused are good enough reasons to do away with rules and laws.

Therefore, it’s perfectly reasonable to deduce he thinks rape and murder laws should be done away with, as there are also incidences of people being falsely accused.

Unless of course Mike Masnick thinks only murder and rape are bad, and infringement, exploitation and disenfranchisement are good.”

Anonymous Coward says:

Re: Re: Re: Re:

How could you read this comment if it was censored?

I’m not seeing big black ‘redaction’ all over it, or anything else that prevented you from accessing and reading it…

but go ahead and pretend that the community disapproving of your comment and flagging it as crap (which is still visible to anyone willing to wade thru it)is in any way the same as the government ‘censoring’ websites or people (like the guy who had to take down his comments on his facebook page and put up the opposing lawyers point of view)…

JMT says:

Re: Re: Re:2 Re:

“Below is the censored comment.”

Great, now I’ve read this censored comment twice! Can’t you guys censor properly?!

“Unless of course Mike Masnick thinks only murder and rape are bad, and infringement, exploitation and disenfranchisement are good.”

More like, murder and rape are very bad, infringement is on par with jaywalking, and the claimed exploitation and disenfranchisement doesn’t exist.

Anonymous Coward says:

Re: Re: Re:2 Re:

Or like how the government grants monopoly privileges over broadcasting spectra and cableco infrastructure to private entities who, effectively, abuse these govt established monopoly privileges to censor speech they don’t want and brainwash people with the propaganda that they do want. This is an unconstitutional suppression of speech.

PaulT (profile) says:

Re: Re: Re: Re:

Nothing censored, people are just using the facilities available to them to notify others that you’re an idiot and that your words are not worth the effort you put into the bullshit contained therein. Don’t you people actually have a real defence of the destruction you’re wreaking upon innocent people? Why is every comment a false attack, an outright lie or an attempt to deflect well documented wrongdoing?

Anonymous Coward says:

Re: Re:

Mike Masnick thinks anomalies and outliers where people are falsely accused are good enough reasons to do away with rules and laws.

Copyright infringement is wrong. And by wrong, I mean that the victims should just like it. It’s wrong because they don’t like it, but the reality is (and I’m all about reality) that they should. So really, piracy is wrong because the victims don’t think it’s right, but those victims should think it’s right, so really it’s right. But it’s wrong. Hey, don’t ask me to explain myself. DID YOU SEE THE MISTAKE THAT WAS MADE HERE!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! omg!!!!!!!!!!!

Anonymous Coward says:

Re: Re: Re:

yea, it’s funny to watch the transformation on this site and the other pro-piracy site Torrent Freak. In a few short years both have gone from trying to pretend their delusions of artist serfdom are a reality, to just becoming full-on bitch fests about how the law is finally being enforced. Almost every article is whining about it. Very funny stuff.

Anonymous Coward says:

Re: Re: Re: Re:

CAS is the best thing to happen to Mike in a long time. I bet he’s already written the article. Just waiting for something so he can fill in the blanks. Of course, never will mention the millions of detections that aren’t a mistake. All we’ll hear about are the outliers, and those will be sold like they’re the rule and not the exception. But yeah, Mike REALLY thinks that piracy is not OK. Obviously.

JEDIDIAH says:

Re: Re: Re:2 Due Diligence.

This attitude right here is why we need the tort system and sleazy ambulance chasers. Corporations will destroy people’s lives because they are careless. The “trailer trash for Romney” crowd will defend and encourage this kind of carelessness and Ayn Rand style amorality in general.

The end result will be little copies of the Soylent Corporation everywhere.

If you are going to destroy people’s lives and reputations, you simply need to hold yourself to a higher standard.

art guerrilla (profile) says:

Re: Re: Re:2 Re:

which IS actually part of the problem:
our evil overlords don’t even have to BOTHER buying votes of the kongresskritters, railroading orwellian-named bills through, and other annoying shit: they just ‘privatize’ fucking EVERYTHING, and then,

A. they -duh- kontrol EVERYTHING (only slightly different from the present)…
B. they can violate ‘laws’, ‘regulations’, ‘treaties’, the ‘constitution’ at will with NO oversight or consequences…

IF it were a real law (whatever that means in these days of secret laws, secret interpretations, secret signing statements, ad nauseum), it could -at least theoretically- be stopped, overturned, amended, whatever…
(see, SOPA, etc *)

as a korporate ‘policy’, it is -apparently- beyond our control, much less influence…

(obviously, NOT that i want such a law, just that it being a ‘private matter’ has horrendous implications for our society…)

*(The price of freedom is eternal vigilance.)

art guerrilla
aka ann archy
eof

G Thompson (profile) says:

Re: Re: Re:5 Re:

Same here, though I in my defence the beer incapacitated my brain (and supposedly the upside down problem too.. groans) allowing me to have a valid excuse for my wrongful use of ‘judicial’ ;P

Though Administrative law doesn’t even need legislative powers all the time, and neither do judicial rules (bench books) also the judiciary in civil sittings rely on case law which they when it boils down to it made up some time previously. Am I being pedantic enough? pokes you with a stick

Anonymous Coward says:

Re: Re: Re:3 Re:

Traffic tickets require the cop to show he’s using a fully certified, tested, piece of hardware and show proof of the infraction (beyond a reasonable doubt) including printouts, video, photos, etc.

DMCA takedowns require someone filing a piece of paper. Hell the MAFIAA just said it does more than 10,000 a day itself. There is no burden of proof, no oversight, no penalty for false accusation.

CAS obviously is a shoot first, ask questions later if it’s popping false positives this bad. See G Thomspson’s post above about how the CAS system has been thrown out over and over for it’s inability to work. Additionally, there has been more than a year to get this system working (and tested ffs) before it’s rolled out….

Anonymous Coward says:

Re: Re: Re:3 Re:

Effects can be put in place prior to the conclusion of the dispute process. That is the problem. Until due process has been fully observed, the activity is supposed to be allowed to continue, with certain exceptions.

We have bail, the injunction process and the idea of reasonable cause for suspicion all stemming from this position. We also have strong sanctions for when these things are abused, like Wrongful Arrest suits.

Where are these protections in this arena?

Rikuo (profile) says:

Re: Re: Re: Re:

Lemme guess…you actually believe you have to pay the cop on the spot when he says he’s going to ticket you?

Fool.

I’m going to spell it out for you, and then you’re going to ignore it (like always).
The reason I and others are pissed off at Six Strikes is because, as we’ve been saying for years, it censors speech before the fucking trial (and that’s if we’re lucky enough to get one). The reason we’re so concerned about speech? It’s the single most important element to a free society, to a non-dictatorship. If speech is so easily censored, then our society as a whole is damaged. Our freedoms are taken away, at the behest of some nebulous person who never accuses us in person.
THAT is why I’m against copyright. It may be true that copyright does give incentives to certain people to create art, but the cost to have it? The power for people to demand and fully expect for speech to be censored is far too high a price to pay. Copyright is massively abused: there’s tons of stories of political ads being silenced with it. Controversial videos? What if you’re anti-abortion and want to silence pro-abortionists? Well, then you can easily use copyright to do just that, and there’s no penalties when you do it in bad faith.

Anonymous Coward says:

Re: Re: Re:4 Re:

Are you referring this comment that was censored by the freetard hypocrites here on Techdirt?

“”‘I’m going to spell it out for you. The reason I and others are pissed off at Six Strikes is because we’re greedy selfish pirates that think there’s nothing wrong with exploiting artists”.

FTFY!

Have a great day!”

PaulT (profile) says:

Re: Re: Re:5 Re:

Again, no censorship here. I can read your moronic drivel, so nothing has been censored. The flagged comments are a way of people telling others that the comment is full of idiocy, lies and/or childish behaviour. If you find that your comments keep getting flagged, perhaps you should work out why rather than whining like the child you are.

Anonymous Coward says:

Re: Re: Re:3 Re:

Except as shown above where non-priating acts are getting strikes. That’s what we’re pissed about. Not very many people here are actually defending the pirates, we’re after the flase positives you’re crappy system is showing.

You seem to be willing to flag false positives in order to make sure you get all the pirates. That’s bullshit. What part of the whole “innocent until proven guilty” system and better to have 100 criminals running the streets than 1 innocent in jail concepts don’t you get.

(Before you run away with the 2nd concept, it’s a modified quote from Ben Franklin one of the founding fathers so don’t even start with the history of copyright or founding father’s intentions bullshit I’ve been seeing lately)

Androgynous Cowherd says:

Re: Re: Re:3 Re:

“I’m going to spell it out for you. The reason I and others are pissed off at Six Strikes is because we’re greedy selfish pirates that think there’s nothing wrong with exploiting artists”.

Since those are actually your words, I’ll take them as your admission that you represent record label execs. πŸ˜‰

Anonymous Coward says:

Re: Re: Re:

No, he thinks that, because mistakes are sometimes made, due process is important. Murder trials are due process. “Shoot-first” systems like DMCA takedowns and CAS “strikes”, where one is guilty until proven innocent, are not.

Standard pirate whining. Due process! Guilty until proven innocent!!! They made a mistake!!!!!!!!!!!!!!!!

Anonymous Coward says:

Re: Re: Re: Re:

Typical pirates, always whining about due process. You know what I call that? Entitlement. NEWS FLASH. You are not entitled to freedom. Life, libery and the pursuit of happiness is a privelidge, not a right. You should be so lucky your government is benevolent to provide them! And don’t complain when you fuck up and they have to take them away.

silverscarcat says:

Re: Re: Re:2 Re:

“Life, Liberty, and the pursuit of Happiness” is a well-known phrase in the United States Declaration of Independence. The phrase is meant to exemplify the “unalienable rights” with which all human beings are endowed for the protection of which they institute governments.

“We hold these truths to be self-evident, that all men are created equal, that they are endowed by their creator with certain unalienable Rights, that among these are Life, Liberty, and the pursuit of Happiness” – Thomas Jefferson

Niall (profile) says:

Re: Re: Re:2 Re:

Typical copyright-abusers, always whining about copy-‘rights’. You know what I call that? Entitlement. NEWS FLASH. You are not entitled to profit. Life, libery and the pursuit of happiness is a privelidge, not a right. You should be so lucky your government is benevolent enough to legislate them away! And don’t complain when you fuck up and the public boot your puppets away.

Anonymous Coward says:

Re: Re: Re: Re:

The whole fucking article is just that, and you’re going to sit there and be some asshole saying it’s all a lie? Really? You can’t even show proof of anything you spout, but you’re ready to deny the proof that shoved into your face. Just fuck off, already, you worthless piece of garbage.

Greg (profile) says:

Re: Re:

“Therefore, it’s perfectly reasonable to deduce he thinks rape and murder laws should be done away with, as there are also incidences of people being falsely accused.”

The difference is, when someone is falsely accused of rape/murder. They get to defend themselves in a court of law. Not be convicted and punished based on accusation with no way to rebut the charges until the fifth time you are falsely accused.

Greg (profile) says:

Re: Re: Re:3 Re:

There is no such thing as a CAS take down. The DMCA has nothing to do with this process.

In the the DMCA the first step in the process in a take down notification sent to the hosing provider, they take down the material and notify you. At witch point you can file a counter claim.

In the CAS the first step is a notification that you have no ability to challenge. The next three steps also cannot be challenged. Even if the alerts are false you have no way to officially make any kind of counter claim until the fifth time you have been accused. It is still not clear if someone is found to be in the clear after their arbitration if they will be put back to step zero or step four.

streetlight (profile) says:

Re: Re: Re:

The Innocence Project has estimated that 50% of persons convicted as a result of eyewitness testimony are actually not guilty of the crime they were charged with. So, just because the justice system convicted someone doesn’t mean they did the crime. Some states provide compensation for the years wrongly spent in jail for a crime they didn’t commit others do not. But if the freed inmate has been in prison for many years they likely will find it very difficult to integrate into society in many ways.

BeaverJuicer (profile) says:

Re: Re:

I accuse you of murder and rape. Under CAS process, I need no evidence other than this email saying you murdered and raped, and you would be immediately convicted. If you would like to appeal your sentence, you may pay a fee and then prove that you did not in fact murder and rape. While your conviction is under appeal, the sentence will still be carried out.

Do you see the difference here?

Anonymous Coward says:

Re: Re: Re:

If you have decent evidence that murder or rape occurred, then of course. That’s same standard used in CAS, in the DMCA, in any charge of wrongdoing.

But exactly as I pointed out, there are sometimes anomalies and outliers in rape and murder charges. And infringement charges. And in life in general.

I suggest you stop fighting this unwinnable argument, accept that you live in a society, and move on with your life.

Anonymous Coward says:

Re: Re: Re: Re:

But, but… magical fairies may come from outer space, and they’ll use their magic pixie dust so that everyone can make MORE money by not being such dicks about their property rights. Have you not looked at Louis C.K.? He’s proof positive that the entire copyright system should be aborted.

Rikuo (profile) says:

Re: Re: Re: Re:

“f you have decent evidence that murder or rape occurred, then of course. That’s same standard used in CAS, in the DMCA, in any charge of wrongdoing.”

Two differences between murder/rape charges and CAS.

1) With murder/rape, it’s the police making the official charges. They are granted that power by the government, and given training to look at evidence. With murder and rape, they look at fingerprints, they look at DNA, they look at the dead body, they look at CCTV, they ask witnesses.

2) With CAS…its a random joe making the accusation. Random Joe IS NOT (or SHOULD NOT) have the power to make the accusation. Neither the ISP or the joe have the official training to look at evidence. And the only evidence they have is a row of numbers that looks like this 145.65.23.96. That’s all. That is literally all Six Strikes is using. Where’s the witnesses? CCTV footage? Is there any actual fucking usable evidence beyond a row of numbers?

NO!

Anonymous Coward says:

Re: Re: Re:2 Re:

This is comically weak sauce, but I’ll humor you…

Neither the ISP or the joe have the official training to look at evidence.

They join the swarm, see an infringing work and alert the IP address. It’s not brain surgery.

I suggest you stop with the delusional FUD, bad analogies and theatrics. Some people that pirate are going to get caught and punished. End of story.

You live in a society. Grow up and start acting like you belong in one.

Anonymous Coward says:

Re: Re: Re:4 Re:

The IP holders can’t even figure out right now

You guys always revert to willful blindness, don’t you?

The IP holders most certainly can and do figure it out. Every day to the tune of tens of thousands of valid DMCA notices.

Go back, read what I wrote about anomalies, comprehend it, and then try to go do something constructive with your day.

silverscarcat says:

Re: Re: Re:5 Re:

“The IP holders most certainly can and do figure it out. Every day to the tune of tens of thousands of valid DMCA notices.”

No, they can’t.

tens of thousands just goes to show how screwed up the system is.

Need I remind you about Orphan Works?

DMCA takedown notices on Obama and Romney singing during the past election… Or Obama and McCain singing in the election before that?

Or maybe I should remind you about DMCA takedown notices on their own content?

Fact is, those tens of thousands that you prop up?

That’s automated stuff.

And Google and other companies HAVE to take the stuff down under safe harbor laws.

So, no, IP holders can’t figure it out right now.

Maybe you should take the blinders off for a moment and realize what’s happening.

djazz1, Kim Dotcom, Richard O’Dwyer, Aaron Swartz, the Japanese arresting 27 people over this stuff, etc.

That’s all I could think of off the top of my head.

Those are people (and websites) who, like ’em or not, are getting (or have gotten in the case of Swartz) screwed over because of copyright.

Yes, we should give the creators of stuff money. I don’t disagree with that.

But why should the distributors have access to the same copyrights that the creators do?

Rikuo (profile) says:

Re: Re: Re:5 Re:

And of course, IP holders are always right, never wrong, never make mistakes at all?
If one legit video is blocked, one legit site taken down, one person’s access to the internet interfered with in any way, that is too much harm in order to protect a business model.
Go look back a couple weeks. HBO wanted HBO content blocked. They’re IP holders. Yet they couldn’t figure out that they’re demanding their own content get blocked. What about when Neil Gaiman was on a livestream, about to accept awards for his works and the stream was blocked, because someone claimed copyright over his works?

They’re just the tip of the iceberg.

Anonymous Coward says:

Re: Re: Re:5 Re:

then try to go do something constructive with your day

This from a full time troll. I guess if you are getting paid to comment on this site you could call it “productive.” How many other people are sitting in your cube farm making comments on webpages to try to persuade people to join you in your insanity?

John Fenderson (profile) says:

Re: Re: Re:5 Re:

Every day to the tune of tens of thousands of valid DMCA notices.

How do you know there’s tens of thousands of valid DMCA notices every day? You must have access to some exclusive data there, because as far as I’m aware of there’s been no actual study or research into this metric.

Surely, you aren’t going by that Google announcement, since they weren’t talking about how many DMCA notices actually represented infringement.

Anonymous Coward says:

Re: Re: Re:3 Re:

Simple question(s):

How do you prove that you didn’t make shit up?

How do you prove that the list of IP addresses you have isn’t completely fabricated?

More importantly: how do I prove that you aren’t making stuff up, assuming that you are?

You are giving to much weight to the accusation and not enough to the defense. Justice is suppose to be just that: just (as in, fair).

Rikuo (profile) says:

Re: Re: Re:3 Re:

WThey join the swarm, see an infringing work and alert the IP address. It’s not brain surgery.

I suggest you stop with the delusional FUD, bad analogies and theatrics. Some people that pirate are going to get caught and punished. End of story.

You live in a society. Grow up and start acting like you belong in one.”

They can see the swarm, yes, but they’re not (supposed) to have the power to do anything with it. What if the random joe is faking the data? The ISP can’t determine whether Joe is telling the truth or telling a lie, yet is still willing to take him fully at his word and punish the net subscriber? Why is the Joe’s word taken as holy gospel? Why isn’t the word of the subscriber rated so high?

Imagine if you will, that I have private land, and I see a blue car with a licence plate that is known to come from a certain dealership. I go to the dealership, say I saw the car and demand your details. How is the dealership supposed to know whether I’m lying or telling the truth? He’s a car dealer, not a cop. Same with the ISPs. They’re pipes, not cops.

Anonymous Coward says:

Re: Re: Re:3 Re:

Except that’s not what happened here at all. This guy is not a pirate. He is not guilty. But his work has already been taken down. Hence, everything the guy you just responded to is already happening. “It’s not brain science” Well whatever it is, it’s apparently above their heads, and above yours.

But I guess as long as “some people that pirate are going to get caught and punished” then that’s all that matters. Because we live in a society and we should understand that miscarriages of justice is just what society is all about. Sheesh. These young people with their entitled sense of due process, I tell ya.

Anonymous Coward says:

Re: Re: Re:5 Re:

No, we do not blame others for the actions that the industry takes, Yes, they are reacting,, but they still hold the liability for what they, themselves, do. You are suck a lying, deceitful piece of trash. The crap that you spew is worse than anything any ‘pirate’ ever did.

Milton Freewater says:

Re: Re: Re:6 Re:

” You are suck a lying, deceitful piece of trash. The crap that you spew is worse than anything any ‘pirate’ ever did.”

It’s weird, because on every six strikes article, there’s one person – not zero, not two, one – who sets out to confuse the issue and tell obvious fibs in the name of “attacking piracy.” They all use the same talking points.

The best is one where a guy who tried to start a “piracy is stealing” argument. On an article about six strikes. People who are being stolen from don’t give a thief strikes.

I’m beginning to think all these guys are paid to discredit the RIAA and MPAA by making the anti-piracy position look batshit crazy when it could (and should) be quite reasonable. It’s really the only logical explanation.

RadialSkid (profile) says:

Re: Re: Re:3 Re:

Some people that pirate are going to get caught and punished. End of story.

Absolutely NOTHING compared to the punishment your crowd is about to start receiving. It won’t be long and virtually everyone with an internet connection will be inundated with these stupid things. Do you think people will tolerate that?

tqk says:

Re: Re: Re:3 Re:

They join the swarm, see an infringing work and alert the IP address. It’s not brain surgery.

And if the IP address is that of a Starbucks or McD.’s? There’s lots of open WiFi out there, many in residential homes. Who’s the infringer? You can’t know. An IP address != infringer.

You’re trying to use indiscriminate fire to hit your targets. Can you not see how many innocents are getting hit, or how much ammo you’re wasting trying hit your bad guys? In combat, this’d be a war crime.

Anonymous Coward says:

Re: Re: Re: Re:

If you have decent evidence that murder or rape occurred, then of course. That’s same standard used in CAS, in the DMCA, in any charge of wrongdoing.

Typically, unless caught in the act (IP addresses scraped from P2P sites with a bot is equivalent to CCTV getting a not-great look at your face, not caught in the act) there will be an arrest warrant coupled with search warrants. This is at least judicial oversight prior to the enactment of penalties. Believe it or not, these warrants are sometimes rejected.

Further, even after having been arrested under a warrant, someone can still end up out on bail until their trial for certain forms or murder or rape cases.

Where is the warrant-equivalent for the DMCA?
Where is the bail-equivalent for the DMCA?

Anonymous Coward says:

Re: Re: Re: Re:

Are you so sure? I’m pretty confident that they just search ” download free” in google and DMCA all the search results, and then DMCA google for good measure.

Dear Troll, you’re being ripped off. Those “Companies” you pay to do this stuff are just taking your money and playing golf all day.

You probably pay them by the takedown don’t you? Because that CERTAINLY doesn’t create an incentive for false positives.

Chronno S. Trigger (profile) says:

Re: Re: Re: Re:

Can’t say for sure since these people would refuse a court order to reveal their methodology, but I would guess that the vast majority if not all of their DMCA take-downs are those anomalies you speak of.

The aberrations we can see without any extra effort show that the methodology is questionable at best and these claims are made in bad faith. Bad faith DMCA take-downs are illegal.

Jeff Rife says:

Re: Re: Re:2 Re:

Can’t say for sure since these people would refuse a court order to reveal their methodology, but I would guess that the vast majority if not all of their DMCA take-downs are those anomalies you speak of.

That page that Mike references from the CCI that is now blank actually had content before, and it claimed that part of the process was to download all files in their entirety to verify that the file contained material on which one of their clients holds copyright.

I think we can see that this claim is a lie, so their claim of downloading from all IPs that they accuse is also likely to be a lie. So, if anyone does get hit by “six strikes”, just ask them to “show you the bits” of what you supposedly uploaded. Please do this even if you have never run any file sharing software of any kind.

This Anonymous Coward EH! says:

Re: Re:

“Unless of course Mike Masnick thinks only murder and rape are bad, and infringement, exploitation and disenfranchisement are good.”

If you think infringement is = to Rape and Murder, Well I think you need to go see a professional.

I am sure we are all worried about you. /s

Anonymous Coward says:

That is not the page you are looking for

Really, it isn’t. I don’t know how you found that stub page for the assessment, because I can’t seem to find a link path to it (I didn’t try very hard, because I found this first). Yes, that is a link to the real assessment.

I haven’t read it yet though. I don’t really feel like picking apart what I suspect is nothing more than a pat-on-the-back piece.

That Anonymous Coward (profile) says:

Re: That is not the page you are looking for

Yes this is the redacted to silly levels original report.
Then we pointed out that Stroz was paid $675K by the RIAA to lobby for them in the past, and were going to continue to be paid “monitoring” the system.

They promised a review of the review… and never have released that.

The tests were done in a lab setting, not the real internet. They caught the single machine connecting to them, but still can’t say who hit the button to start the download.

Anonymous Coward says:

Re: Re: Re:

And i bet you will be at every topic bitching about it too.

Seriously, find something productive to do. If you like to be raped by copyright trolls, failed copyright laws and greedy “entertainment” (more of a headache) companies, IT IS YOUR DAMN PROBLEM.

The rest of us, the people who have a brain not only for the shows or to write ridiculous posts supporting those outrageous copyright laws, will NEVER support those fallacies. Any you can be damn sure we will raise hell on earth if an asshole such as you tries to impose idiocy like that to us.

Geez what a bloody loser you are…

Androgynous Cowherd says:

The bad formatting of the notice

The notice’s bad formatting is actually explicable: they wrote it, then stripped all the newline characters from it (without changing them to spaces), then word-wrapped it (turning some spaces to newline characters) at a slightly wider column width. Why they did this and didn’t bother to proofread the results or even give them a cursory glance to make sure nothing was grossly abnormal … well, that is not as explicable. πŸ™‚

ralph says:

It would be nice if companies like Comcast/NBC Universal concentrated on providing better internet service to their customers.

This is what happens when gigantic monopolies are allowed.

I agree with the theme of the article. The CAS is going to be a big disaster. Unfortunately, there are going to be a lot of people who don’t find it funny but rather aggravating as all get out.

Oh well. I have taken steps to fly under the radar so with any luck I’ll just continue sailing along.

I wish this country thought more about the welfare of its citizens and less about the welfare of companies like Comcast. But, that’s not going to happen so I have to take steps to protect myself.

out_of_the_blue says:

@ AC: Stories like this will NEVER become the rule!

@ “There are thousands of these “anomalies” and “outliers” documented in detail on this site. When does the anomaly become the rule?” — Good question! As happened to fit with my take, I answer: since the anomalies reported here over the years aren’t yet to even 1% of the actual piracy that goes on everyday, stories like this will NEVER become the rule.

out_of_the_blue says:

Bureaucratic mishap ≠ bad six strikes system

There you go again Mike, always finding the bad with the good with a system that has yet to be tested for it’s positive effects, yet.

I don’t care if this very expensive system was rolled out with improper testing and safeguards against abuse, but it helps prevent people FROM TAKING WHAT’S NOT THEIRS!

I don’t care if record labels act as the evil, greedy middlemen preventing artist their due while pushing legislation that benefits the minority over the majority, it helps prevent people FROM TAKING WHAT’S NOT THEIRS!

Creativity is a product and a product deserves to be compensated to the people who create it, even if the middlemen take 90% off the top.

Welcome to Techdirt: haven of ad hom attacks by critics who would rather roll over and allow the government to step on them, then discuss productive ideas that help the public
http://www.techdirt.com

Rikuo (profile) says:

Re: Bureaucratic mishap ≠ bad six strikes system

“I don’t care if this very expensive system was rolled out with improper testing and safeguards against abuse,”

Thanks for being honest, you hypocritical son of a bitch. We here in the rest of the world are rightly horrified that governments and giant corporations are building a legal framework that is so poorly thought out with no safeguards against abuse.
Even if it is wrong to “take what is not ours”, here the fucking cure is WORSE than the disease! In order to stop “theft” (to use your language) you’re willing to damage the concept of democracy almost beyond repair.

PaulT (profile) says:

Re: Re: Bureaucratic mishap ≠ bad six strikes system

The best thing to note is that this will have absolutely no effect on piracy. Actual pirates will find a way to route around the stikes before the reach number 6 (or just hijack a neighbour’s wifi afterwards), while innocent parties will have their ability to legally consume content reduced. It’s so idiotic and ineffective you’ve have to have the IQ of a small child or have a vested interest in the legacy models to support it. Which probably explains the idiocy in his comments, one way or another.

out_of_the_blue says:

Re: Bureaucratic mishap ≠ bad six strikes system

You’re right about one thing, you misguided asshat.

This IS about someone TAKING WHAT’S NOT THEIRS.

It’s NBC UNIVERSAL that’s doing the STEALING here, in taking down legitimate files THAT THEY HAVE NO CLAIM TO.

If stealing is as wrong as you think (and I use the term “think” loosely), then certainly you can sympathize with someone being stolen from, right?

The fact that you’re defending this is beyond pathetic. I really have to question at this point the degree of your retardation.

out_of_the_blue says:

Re: Re: Bureaucratic mishap ≠ bad six strikes system

I thought I elaborated on this, mister man who is me.

NBC Universal does not count as people. The public deserves to be crushed under the oppressive foot of corporate control, and NBC is part of the minority whose annual incomes are more important than the dignity and rights of people.

PS – I think my prior post is a good example of how OOTB is very non-sensical. Nobody could tell the difference between my incoherent ranting and his.

Anonymous Coward says:

Re: Re: Re: Bureaucratic mishap ≠ bad six strikes system

“Nobody could tell the difference between my incoherent ranting and his.”

That’s not true, I noticed that your post was more ridiculous as soon as I read it, causing me to check that the little icon on the side, which then proved it was someone else.

BTW, don’t use other people’s names. It’s confusing and dishonest.

Anonymous Coward says:

Re: Re:

It should be fairly beefy, it’ll have about 30 high-res image files with annotations plus whatever other stuff was included.

They don’t download all the files they DMCA, (how could they? they’d need Google Fiber and that might not even be enough)

Yet the trolls still think they have great accuracy.

PaulT (profile) says:

Re: Re:

File size probably has nothing to do with it. Before the DMCA, I remember reading of some automated cease and desist notices that were clearly bullshit. One of which was a takedown against sites hosting Soldier Of Fortune, a then-new PC game. One of the sites that received the notice was a ZX Spectrum site, which hosts the Spectrum game Soldier Of Fortune from the mid 80s. The new game was CD based, so probably around 700Mb, the Spectrum game was 48Kb. Human intervention would recognise that even if that was an attempt at hosting the PC game, it wouldn’t possibly work, but they were attempted to be shut down anyway.

If they’re searching for and sending notices against anything more than a title in these cases, I’d be surprised.

Anonymous Coward says:

“it’s from DtecNet, a division of MarkMonitor. MarkMonitor/Dtecnet also just happen to be the company providing the key monitoring for the new “six strikes” Copyright Alert System (CAS). The Center for Copyright Information has a web page on its site about an “independent expert assessment” of MarkMonitor’s antipiracy methodologies. Except… that page is completely blank.”

It’s obvious what happened. They took down their own content after sending themselves a DMCA notice.

Anonymous Coward says:

Re: Re:

The government system not working in this case is the DoJ, which is far too busy trying to figure out the difference between civil and criminal offenses in their Dotcom extradition case.

An all too obvious anti-trust case alone should squash this blight.

Is it possible that someone please file for a declaratory judgement against Dtecnet, CAS, invalidating any civil suits prodcued by illegal spying, guilt by accusation, misrepresentation of the law and extortion.

TAKUMI says:

...Wait.

By way of example, we are providing with this letter a non-exhaustive listof unauthorized copies of NBC Universal properties hosted on mediafire.com, along with theURL corresponding to each listed infringing file.

Am I reading the message wrong, or does it actually have a full list of “infringing” files they’ve already found on other people’s mediafire accounts? And if so, what good does that do other than encourage people to download them?

Unless this is a clever plan to make people curious about the files and then accuse them for downloading, which I’d say it was if the CAS actually checked downloads other than torrents. Now I’m confused.

Anonymous Coward says:

A false DMCA is infringement

Now that I think about it, sending a false DMCA notice IS infringing on someone’s copyright, assuming the person who posted the material does have the copyright to what was taken down. The person has the right (via copyright) to make copies of what they own, and some other party (with no rights to that material) is obstructing that right.

The law does not say that infringement must be done via copying. I think that a careful reading of the law indicates that PREVENTION of copying is infringement as well.

“Anyone who violates any of the exclusive rights of the copyright owner as provided by sections 106 through 122…is an infringer of the copyright”. And section 106 says “the owner of copyright under this title has the exclusive rights to do and to authorize any of the following…” “…to reproduce the copyrighted work in copies…”

Anonymous Coward says:

Re: Re:

Ohai Will. I disagree with Yorke’s concerns, but I can understand why he’d come to that conclusion. Which is not the same as Lowery’s insane ramblings. I mean, comparing Google to Hitler? That shit’s insane.

Having said that, there is as much of a chance of being absolutely screwed over by labels and being indebted in a way that makes loans for medical students look positively rosy.

There is no special ingredient to being a success, and anyone trying to tell you otherwise is selling Snake-oil. This is something that Mike regularly says: “There is no one single way to monetize that works for everyone.”

For example, for MOBA-style games, a microtransaction or a subscription model works. For music, a combination of Kickstarter/Pay-what-you-want models can and does work. Hell, there have even been three consoles funded to completion by Kickstarter-like projects (OUYA, Gamestick and a NeoGeo-style handheld).

Milton Freewater says:

Re: Re:

“I guess we won’t see Masnick championing Radiohead anymore…”

He will be just fine with Radiohead if he actually clicks on your link and reads the article.

I’m as anti-you as they come, but like Thom Yorke, I myself worry about the larger social consequences of the Internet rendering newspapers, music and other content relatively valueless.

I don’t think Internet users choose to devalue content (the hateful superstition that is the heart of the anti-piracy argument). But I acknowledge the issue.

Anonymous Coward says:

We desperately need a outside company that has only one purpose. To check all TD request to see if they’re actually legit.
If we did it would have went like this.
They send the notice to the outside company which downloads the file and determines if it’s a legit or false claim.

It should be mandatory before submitting a claim.

gorehound (profile) says:

The Six Strikes Program is a bunch of Dog Shit ! Here’s hoping it causes the ISP’s who caved in and do this a lot of lost Business.I will Dump Slime Warner after I receive even one of their Notices.I told them this on Monday and I meant it.I live in Portland, Maine and if I have to I will use GWI who have a page that states they will not be taking part in this program.
Slime Warner sends me a notice it will not be from Downloading/sharing things as I do not have an interest in doing that.They will flag me for who knows what reason.And then I will “Flag” them back with my own Notice.

JP Jones (profile) says:

AC, you do realize that “censored” comments can be viewed by clicking them, right? They’re still there, TD is just giving people the option to avoid reading dangerous stupidity. It’s so good of you to not only post the same idiocy twice, but do so in a way that makes you look even dumber!

Just in case it’s not clear:

Point 1: the law assumes innocence until guilt is proved. Accusations are NOT convictions. The six-strikes policy turns accusations into convictions that you must appeal.

Point 2: the six-strikes policy is not a law. It’s a policy made up by a corporate entity that has no legal authority.

Point 3: artists have been exploited by the entertainment industry FAR more than every pirate combined. At least pirates let the artist keep the rights to their own work. The industry won’t even let them keep that.

Point 4: stop talking.

That Anonymous Coward (profile) says:

Re: Re:

Oh sweet Jeebus…

Dtecnet/MarkMonitor/ReutersThompson does different things.

They scrape the web looking for that they think are infringing links and spit out DMCA notices.
The notices are comically flawed.

They sit in swarms (they might have even seeded the file – they’ve done it before) and record IP addresses for 6 Strikes.

They can’t tell content on HBO.com from “pirated” content, and we are meant to trust them handing out 6 strikes to people that can screw up their use of the internet.

Anonymous Coward says:

I am amazed to see so much idiotic posters who support those idiotics companies (and its projects) like CAS.

Just like i said to an asshole back there, i will say again to you; If you like to be raped by copyright trolls, failed copyright laws and greedy “entertainment” (more of a headache) companies, IT IS YOUR DAMN PROBLEM. Don’t try to force the same idiocy on us.

The rest of the people who have actually have a functioning brain will NEVER support those fallacies. I say fallacies because assuming someone GUILT without a trial to prove it is RIDICULOUS to say the least. Even a murder caught on the act has a right of a fair trial, but the people who will get hit by the 6 strikes don’t? Something’s wrong here…

OH, another thing, All of you copyright trolls and assholes alike (and the idiots who support them) can be damn sure we will raise hell on earth if an asshole such as you tries to impose idiocy like that to us.

Geez what a bloody loser you are…

PS. In piracy you don’t take what isn’t yours. Hence you aren’t a thief. You just make a copy of the original while leaving it intact.

And as a christian, i am waiting for the day someone will have the brilliant idea to rally bakers to sue Jesus… Because you know… He took some few pieces of bread, MULTIPLIED IT and DISTRIBUTED to more than a thousand people! and he done this TWICE! The bakers didn’t got paid their due! Sue Him for copyright!

(In other words, you assholes are ridiculous and laughable).

WtfGuys? says:

Last time I check Mediafire wasn’t a P2P platform. This notice has nothing to do with “Six Strikes / Copyright Alert System.” People should get their heads out of their asses before making claims.

However, this doesn’t mean that the notices are crap. There is some fundamentally flawed logic in regard to these particular notices.

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