NBC Wants FCC To Force ISPs To Police Their Networks For Copyright Infringement

from the that's-a-stretch dept

NBC Universal has filed a comment with the FCC, saying that ISPs should be forced to police their networks (via Broadband Reports) for copyrighted content that’s being illegally shared. The company says that 60-70% of all internet traffic is made up of P2P activity, and copyrighted content constitutes 90% of that (he doesn’t, of course, note that all content is copyrighted — and he doesn’t seem to distinguish between authorized or fair use content and unauthorized). The lead name on the comments was that of NBCU’s lead counsel, who’s no stranger to hyperbole: he’s also the head of the “Coaltion Against Counterfeiting and Piracy”, and claimed last week that the US’ “law enforcement resources are seriously misaligned” because, he claims, intellectual property crime “costs” hundred of billions of dollars per year, more than all other property crimes in the country combined. He tries to make a similarly emotional plea in the FCC filing, saying that if three-fourths of internet traffic was child porn, the government wouldn’t sit idly by (again, equating file-sharing with child pornography isn’t a new trick either).

It’s slightly ridiculous to say that ISPs should have any responsibility to stop copyright infringement on their networks, because they shouldn’t be the arbiters of what is and isn’t legal. Since they don’t have the expertise or the technology to accurately do so, they’ll end up blocking all sorts of legal content — though it’s hard to imagine NBCU and other content companies would really care. While some companies, like AT&T, are taking this step willingly in order to buddy up to Hollywood, NBCU faces an uphill battle in convincing regulators and legislators that ISPs should be required to act as copyright police on its behalf. The safe harbor conventions of the DMCA — which protect ISPs and platform or service providers from the actions of their users serve a valuable function. Imagine if the construction companies that built roads were required to ensure that nobody drove on streets they built during the commission of a crime: it’s hard to see too many roads actually getting built. Furthermore, when content companies themselves can’t figure out what content is actually infringing upon their copyrights, how can ISPs be expected to?


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Comments on “NBC Wants FCC To Force ISPs To Police Their Networks For Copyright Infringement”

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28 Comments
Anonymous Coward says:

Re: Once again, one bit on the Internet looks like

The only problem there is who decides what bits are bad?

How would the net know my parody (which is covered by fair use) video of Star Wars that I’m willing to share for free from someone else’s parody who does not want to share for free.

A web surfer in Utah downloads porn from a Georgia based site of people in a position that is illegal in Utah. Don’t laugh becuase some sexual positions (namely anal) are illegal in some states.

And even if some recognition system (and mind you said system would have to be a standard that all ISPs would work with) were set up who would you go back and mark all exising media so that it could be identified?

The infamous Joe says:

Pay it forward.

Off topic: Lawrence v. Texas ruled anti-sodomy laws unconstitutional in 2003. Google it.

On Topic:

The problem is that they want people who build and maintain the tubes to make sure nothing illegal is sent through them. 😛

It’s not the ISPs’ job to protect someone else’s intellectual property– in fact, they have no idea what deals have been made with what websites between what copyright holders.

What really gets me is this:

NBCU said that what is missing is that an increasing amount of that Internet traffic is in stolen digital goods, and that service providers must actively battle against such theft. [Emphasis Added]

So, this is why everyone thinks it’s stealing. *sigh*

Does the FCC even have authority over ISPs?

Casper says:

Re: Pay it forward.

Does the FCC even have authority over ISPs?

Not really… Contrary to what people seem to think, an ISP is not a content provider.

NBCU said that what is missing is that an increasing amount of that Internet traffic is in stolen digital goods, and that service providers must actively battle against such theft. [Emphasis Added]

So, this is why everyone thinks it’s stealing. *sigh*

Sadly yes. People are stupid, regardless of what education level they have attained. If they are told something they want to hear or it comes from a source they like, it becomes fact regardless of the realities of the situation. As it stands, there is a serious confusion between distinctions of legal issues. Civil issues, which is what a violation of product rights really is, really isn’t the job of the government to police. That is what lawsuits are actually for. If it were actually “theft” it would be another matter.

Greg (user link) says:

Wait a second, where the hell did he get those numbers? “60-70% of all internet traffic is made up of P2P activity, and copyrighted content constitutes 90%”?

So that’s a minimum of 54% of all internet bandwidth, being used for illegal file sharing? More than HALF of all the traffic, at the low end, and almost two-thirds at the high?

That seems like it doesn’t leave enough room for all the Spam, let alone the entire freaking World Wide Web.

Casper says:

Re: Re:

Wait a second, where the hell did he get those numbers? “60-70% of all internet traffic is made up of P2P activity, and copyrighted content constitutes 90%”?

So that’s a minimum of 54% of all internet bandwidth, being used for illegal file sharing? More than HALF of all the traffic, at the low end, and almost two-thirds at the high?

That seems like it doesn’t leave enough room for all the Spam, let alone the entire freaking World Wide Web.

Shhh, they don’t like it when you question the numbers. If you do it to much, they will blame Canada again.

Sanguine Dream says:

From comment #5


Civil issues, which is what a violation of product rights really is, really isn’t the job of the government to police. That is what lawsuits are actually for. If it were actually “theft” it would be another matter.

The thing is the content owners are trying anything they can to hold on to control. They tried the civil court way in the form of all these frivilous lawsuits targeting college kids, elderly people, and lower class people. Notice how those are some of the main groups of people that would least likely have the knowhow and more importantly the money to fight back against their bullying.

Well now that people are starting to fight back with knowledge the entertainment industry is now trying to buy the laws that they want which would explain all these “coalitions”, “groups”, and “associations” that are rising up to put an end to piracy. Essentially they are paying Congress to give them infintie protection from economic change so that they (and their future spoiled grandkids) can continue to make money off of music that was written several decades ago.

Norm says:

What the duece?

Ahh … the never ending stupidity of people who truely don’t understand what they are talking about. Even if the numbers are anywhere near true (yeah, hell froze over, pigs fly, etc) it wouldn’t matter! Does he have any idea the difference between hosting content and content traveling over the network?

Not to mention the incredible task of an ISP monitering traffic for copyrighted material. Even if that was technically feasable, a workaround would be posted within days in the doom forums!

Merlin says:

Don't post downloadable files if you all don't wan

I personally think if this poses such an issue, then don’t post downloadable stuff on the internet simple as that. How is it stealing if it is readily available everywhere you go pretty much. If this is such a big issue then put downloadable files into like a pay server where we have to pay a set amount for files downloaded. The US has spent billions of dollars building this super computer monitoring building to track and record internet activity so if a file is to be uploaded to the net for P2P or whatever then make use of the building by hosting the pay server there. We pay alittle bit for a file, and someone gets some money. Not like these multi millionaires don’t have enough money the way it is. When is enough enough come on. There everyone should be somewhat appeased.

thinlizzy151 (user link) says:

Get a new business model already!

“Not like these multi millionaires don’t have enough money the way it is. When is enough enough come on.”
Sensible statements like that just don’t fly with these greedheads. I remember Ted Turner once saying with a straight face during an interview that no matter how much money you make it never will be enough. I guess you just have to be that kind of rich to understand that kind of thinking. I sure don’t.
What this really is is another form of corporate welfare. They haven’t sufficient creativity to come up with a way to adapt to the new technology that is changing the face of everybody’s marketplace, so they don’t know what to do except to cry “Foul!” and treat their own customers like criminals. I don’t know how these guys got rich, but it sure isn’t because their all that smart. No matter what they do, people will always find a way around it, haven’t they figured that out yet? Apparently not.

Charles Griswold (user link) says:

Re: Re:

Wait, so should the water and sewer company be responsible for what I flush down the toilet? By this logic, if I flush a bunch of baby alligators down my toilet and they grow up and attack people, well–the utility is responsible!

Of course. They provided you with the services required to flush alligators. If they had done the responsible thing and installed proper alligator filters in the sewer lines those tragedies never would have happened. Also, if they had proper sewage shaping and prioritizing in place, that would reduce or eliminate backed-up drains.

The water and sewer companies should be held responsible for the improper usage of their systems. Only then will the real victims, those tempted to wrongdoing by the current sewage neutrality policies, be safe.

Sanguine Dream says:

What's next??

The bartender that sold the drink that was used to drug her/his victim(s) is now responsible?

If a serial killer is on the loose and gets 3 victims does that mean the police are responsible for victim number 4’s death?

I steal a utility truck and use it plant a bomb. Does that mean the utility company I stole it from is responsible?

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