CCI Claims Six Strikes Working Great To Thwart Piracy, Offers Absolutely No Evidence To Support That Claim

from the hard-data-is-optional dept

It has been about a year since the Center for Copyright Information (CCI) launched the United States’ “six strikes” anti-piracy notification system with the help of the nation’s largest ISPs. The service varies slightly by ISP, with carriers either briefly throttling your connection or temporarily locking you behind a “click through” walled garden unless you acknowledge receipt of some “educational” materials on copyright (not surprisingly, concepts like fair use are excluded). Any costs of this additional ISP clerical work are obviously passed on to broadband subscribers.

Since launch there has been absolutely no data released on how many people have been sent warnings, how many people have proceeded through all of the layers, and no consumer feedback has been shared on their experiences with the program. ISPs refuse to talk whatsoever about the program, and we’ve seen absolutely no data on how effective the program’s appeals systems for the falsely accused (who have to pay $35 for the honor of protesting their innocence) have been.

As such, the CCI has announced that they’re very happy to declare that the program has been a smashing success at thwarting piracy, with absolutely no data to back those suggestions up whatsoever:

“A national effort to crack down on Internet piracy through a “six strikes” system is seeing success, according to the program’s director…Jill Lesser, who runs the system as manager of the Center for Copyright Information, said fears about the system were misplaced…”It’s a non-punitive system” that is “intended to be education-based,” Lesser told The Hill in an interview…There were “early examples of positive feedback,” said Lesser said, adding that she hopes more analysis will show that Internet providers sent out more first and second notices and fewer fifth and sixth notices, which would demonstrate that users stopped sharing infringing content.”

Yes, your fears have been misplaced and the program is clearly working, and to prove it, the only evidence we’ll offer you is — our claim that your fears have been misplaced and the program is clearly working. While the CCI hasn’t been willing to release any data, traffic headed to BitTorrent networks has either remained static or increased, and overall shared files on websites like The Pirate Bay have increased. One problem CCI will face when trying to show data (should that actually ever happen) on the program is that many BitTorrent users have simply moved toward BitTorrent proxy and VPN services in order to hide themselves from the watchful eye of their ISPs. Those users would show up as no longer being copyright infringers, when in reality they’d simply be hiding their network behavior.

It’s not a stretch to imagine that whatever data gets released, it will somehow magically show that the program is not only a smashing success, but that the entertainment industry is justified in expanding it further. As it stands, nothing happens to users after the sixth strike, and nobody tracks users who move from ISP to ISP. As such, it’s only a matter of time before more great ideas get introduced. How about a ban on VPNs and proxies? How about a taxpayer-funded organization that tracks offenders across ISPs? Fines for those who reach the sixth level? Our non-transparent data clearly shows that all these things are necessary. Trust us.

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Comments on “CCI Claims Six Strikes Working Great To Thwart Piracy, Offers Absolutely No Evidence To Support That Claim”

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47 Comments
bob (profile) says:

Be careful what you wish for....

Now let’s scroll back in time. Just a while ago, TechDirt was hyperventilating about putting people in jail. Why don’t you just fine them, you said. Or even something gentler. This is the kind of punishment you wanted. If it doesn’t work, it’s on you.

And we’ll have to get serious punishment, the kind given to every other kind of lawbreaker. Illegal parkers get worse fines than these bozos. Illegal parkers have less recourse and it’s easier to forge a license plate than an IP address.

Face it. Be careful what you wish for. If this doesn’t work, we’ll bring back the real punishment.

Anonymous Coward says:

Re: Be careful what you wish for....

I think it’s safe to say that no one “wishes” for having to pay a fee to defend yourself…except for you.

No one wants punishment without due process…except for you.

But then again, knowing that’s what you got from reading all the comments, I don’t expect you to understand this one any better.

That One Guy (profile) says:

Re: Be careful what you wish for....

Illegal parkers get worse fines than these bozos.

To be charged and punished for illegal parking also requires that the matter go to court(should the recipient of the ticket contest it), prove the guilt of the accused, with the accused being able to defend themselves, and then, only after guilt has been proven, is a punishment handed out.

Contrast that with a ‘strikes’ system, where simply being accused is enough to get a strike, you cannot contest the strikes until you’ve accumulated enough of them, and the ‘court’ is replaced with an ‘arbitration’ system, which are, more often than not, going to side with the accuser, not the accused, since if the accuser isn’t happy with past ‘rulings’, they can always find another arbitration group/’court’ who will be more ‘reasonable’ to them.

crade (profile) says:

Re: Be careful what you wish for....

Sounds like your memory is flawed. No one ever asked for stupidity. There may have been some pointing out that putting people in jail without evidence of actual wrongdoing may have been stupid.. There may have been some pointing out that it was a stupid idea and wasn’t working. There may have been some pointing out that the way they are measuring the impact of piracy is smoke and mirrors with no substance.. but no one asked to pile on more idiocy based on speculation and lies.. It’s always been requests for honesty and actual analysis of what we know.

However, having your internet cut off on an “guilty until proven innocent” basis is better than going to jail on that basis imho.. So I guess it’s a step forward? It’s hard to tell, I think the stepper is drunk.

Mike Masnick (profile) says:

Re: Be careful what you wish for....

Now let’s scroll back in time. Just a while ago, TechDirt was hyperventilating about putting people in jail. Why don’t you just fine them, you said. Or even something gentler. This is the kind of punishment you wanted. If it doesn’t work, it’s on you.

[citation needed]

it’s easier to forge a license plate than an IP address.

You kinda lose what little shred of credibility you have with that laughably ridiculous claim.

John Fenderson (profile) says:

Re: Be careful what you wish for....

“This is the kind of punishment you wanted.”

Even if your premise was accurate (which, as the other commenters pointed out, it isn’t), this wouldn’t be an example of that.

This is punishing people without even a minimal burden of proof and no recourse against false accusations. (Having to pay money in order to have the “right” to defend yourself, and even then being prohibited from using certain legitimate defenses is NOT recourse).

Regardless of one’s opinion on copyright law, I am amazed that anyone could consider this anything like just.

JMT says:

Re: Be careful what you wish for....

“If this doesn’t work, we’ll bring back the real punishment.”

First, the whole point of the article is that nobody knows if it’s working or not because nobody is releasing any data. The lack of any data proving success would strongly suggest failure.

Second, who is this “we” you speak of? And why would anyone “bring back” methods that failed so spectacularly before?

Anonymous Coward says:

Re: Be careful what you wish for....

What real punishment? About all you did was get several thousand scared kids to own up to something they allegedly did, and we all know your track record of finding those actually guilty. All you got was all of two debatable douchebags, and a fuckton of horrible PR that forced the RIAA to scupper the “real punishment” in the first place.

Yeah, and murderers/rapists get smaller penalties than anyone convicted of anything digitally; you want to rant about that too?

bob just hates it when due process is enforced.

Internet Zen Master (profile) says:

Re: Re:

Apparently the Seattle area is an alternate dimension, since we have five, yes FIVE(!), ISPs competing for customers here: Comcast, Centurylink, Clear Wireless, Wave Broadband, and [laugh]Sprint PCS.

That might explain why I’ve never experienced shitty service from the monopolist-wannabes at Comcast that I always hear about in other parts of the country. They actually have to compete for customers here in Seattle, even though the other four don’t wield as much influence on a national level.

Anonymous Coward says:

you wanna be careful what you say mate. it might be a piss take or bull shit to you, but giving the industries and their representatives ideas is not a good idea. although they have already thought of them, they may be of the opinion that things like vpns are too sensitive to touch. drawing them out over something is the quickest way to get them to act on it! everyone, including the industries, know that they wont stop file sharing without closing the internet down. their problem is that they have made such dicks of themselves by the continuous ‘we are going to collapse! the industry wont survive! the artists are gonna be on the bread line!’ crap, they cant stop now because it would mean that they have been wrong all along!

Anonymous Coward says:

This is the entertainment business, pilgrim. It doesn’t have to make sense. It just has to have a happy ending.

“…she hopes more analysis will show that Internet providers sent out more first and second notices and fewer fifth and sixth notices, which would demonstrate that users stopped sharing infringing content.”

Pie Rate says:

Re: radio silence

Google led me to a recent Torrentfreak article reporting on a leaked document claiming that Comcast had forwarded 625,000 warnings, which (says the article) would be about 3% of their customers.

http://torrentfreak.com/comcast-625000-copyright-alerts-140207/

I live in Comcastland: I have trouble believing that 3% of Comcast’s customers got a piracy warning and didn’t talk in public about it.

Karl Bode (profile) says:

Re: radio silence

Yeah I’ve noticed a significant lack of serious complaints or commentary about this by users overall. I think they’re being very cautious in terms of scale at first and letting people just get used to the idea of ISP as content nanny. I think I read recently that Comcast is estimated to have sent out 650,000 notices last year, which in context of their massive 22 million subscribers is pretty puny — and you can’t tell me a much greater portion of their userbase isn’t downloading copyrighted content.

Chris-Mouse (profile) says:

“…more analysis will show that Internet providers sent out more first and second notices and fewer fifth and sixth notices, which would demonstrate that users stopped sharing infringing content.”

Of course that’s going to happen. After the ISPs see that the first four notices change nothing, they will decide that the whole thing is a waste of money, and they, won’t bother to send the last couple of notices.

That Anonymous Coward (profile) says:

4 years to develop.
1 year running.
This is what failure looks like.

Millions of dollars spent on a system designed to create new “law” that the corporations demand be in place to stave of their bankruptcy all while having record years.
A system still not vetted by an expert, who was never on the RIAA payroll before, and looking forward to continuing income “monitoring” the program.
Using a software package that clearly states how they are using it is in violation of the TOS.
A system fronted by someone who’s claim to fame is she worked for AOL.
An advocate supposed to be representing the rights of the citizens who parrots the party line of holding someone accountable because they pay a bill is perfectly fine.
A system run by a company so “good” at what they do they DMCA’d a client’s own website trying to sell content to consumers as pirated material.

Of course they are going to claim the system works, otherwise the labels & artists might question why the fsck they keep pouring money into these **AA pipedreams that NEVER EVER work as promised.

In the same time and for probably less money, they could have created a system that pwned the crap out of everything else out there to sell content at the price the market wants and made another fortune. Instead they focus on the illusion that they have a right to keep control over what people do with what they purchase, rather than remember they are in the business of selling content to consumers.

The next time a lawmaker proposes that tax dollars support this industry, perhaps it would be best to ask why.
Record sales, record profits, record salaries, and enough money left over to waste on shit programs all while staying the course with a business model everyone else can see is outdated and in trouble.

Here’s to CCI.
You’ve lied, and lied, and lied all while you’re being paid for doing jack shit to “solve” a problem by using a Rube Goldberg machine. That “problem” could easily have been solved for much less time and money had you just told the emperor he is naked. But good on you for subverting the legal system with your own kangaroo court.

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