The six ways you can appeal the "Six Strikes" mitigation measures

The saga apparently does continue. As was previously reported by Neowin, American ISPs have agreed to a "six strikes" voluntary contract with the music and movie industry. Users cannot appeal the first "alert", nor the second, third or fourth alert. They can only appeal the fifth or sixth alert. In other words, when the ISP decides to use "mitigation measures." Now, according to Ars Technica, the head of the RIAA says that the initial alerts are like traffic warnings, so who would want to appeal those?

On the fifth or six alert, a user can pay $35 and appeal to a new independent body funded by the ISPs and the content owners. Now the independent body will not accept any defense, they only accept the six defenses covered by the memorandum of understanding. Here they are:

(i) Misidentification of Account - that the ISP account has been incorrectly identified as one through which acts of alleged copyright infringement have occurred.

(ii) Unauthorized Use of Account - that the alleged activity was the result of the unauthorized use of the Subscriber’s account of which the Subscriber was unaware and that the Subscriber could not reasonably have prevented.

(iii) Authorization - that the use of the work made by the Subscriber was authorized by its Copyright Owner.

(iv) Fair Use - that the Subscriber’s reproducing the copyrighted work(s) and distributing it/them over a P2P network is defensible as a fair use.

(v) Misidentification of File - that the file in question does not consist primarily of the alleged copyrighted work at issue.

(vi) Work Published Before 1923 - that the alleged copyrighted work was published prior to 1923.

Now what about the "open WiFi" defense? A user can only use it once. If a user wins one of these challenges, they get their $35 back and the "alert" is taken off their account, though no other alerts are. The next alert will therefore begin the "mitigation" process once more. These alerts do eventually expire; any subscriber who makes it 12 months without receiving a notice has their slate wiped clean.

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33 Comments

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I've been quarantined by Time-Warner RoadRunner before. SSL will not help you because MediaSentry or whoever runs some of the high-speed nodes your P2P clients connect to. This way they can see all the peer IPs that connect to them and those are the ones they go after, at least those in the US. VPN might help if your source IP appears outside of the US otherwise that entity source IP becomes liable.

rcardona said,
I've been quarantined by Time-Warner RoadRunner before. SSL will not help you because MediaSentry or whoever runs some of the high-speed nodes your P2P clients connect to. This way they can see all the peer IPs that connect to them and those are the ones they go after, at least those in the US. VPN might help if your source IP appears outside of the US otherwise that entity source IP becomes liable.


you're talking in terms of P2P Right?

I'm actually astonished at how lenient it is. They give you six chances and if you're so bonedead stupid that you run out of those, all they do is whack you on the nose with a rolled up newspaper, and maybe throttle your speed a bit. In this country I figure they'd want to throw you in prison on the very first offense.

Here's one very easy way to avoid any trouble with them though; don't pirate stuff.

I know this sort of thing gives P2P users something to moan and bitch about but its really a non issue. As while its obviously sad to see government bodies and ISPs manipulated and paid off by mega corporations, this isn't really going to affect anyone with an ounce of common sense anyway... So either pay a few £/$ to remain safe behind a VPN or switch to filesharing forums. Problem solved.

LordBattleBeard said,
I know this sort of thing gives P2P users something to moan and bitch about but its really a non issue. As while its obviously sad to see government bodies and ISPs manipulated and paid off by mega corporations, this isn't really going to affect anyone with an ounce of common sense anyway... So either pay a few £/$ to remain safe behind a VPN or switch to filesharing forums. Problem solved.

Until the ISP's make it a requirement of service that you have to install a piece of software so they can track what you're doing, so even a VPN will not help you.

notta said,

Until the ISP's make it a requirement of service that you have to install a piece of software so they can track what you're doing, so even a VPN will not help you.

Hasn't happened and would be difficult to enforce if it did.

_DP said,
Can you suggest a good VPN as you advise?
ipredator.se

The ISPs, like the RIAA are in it to make $. It would cost ISPs nothing if they did nothing, as long as the RIAA didn't convince [buy?] stricter government regs that would cost more, so apparently they feel those sorts of regs were heading their way in the future. The RIAA etc. & the ISPs are/were basically playing poker. Now the trick for the ISPs is to do as little as possible yet still keep the RIAA at bay, while hoping all the while that the RIAA doesn't go ahead & purchase their gov regs anyway.

mikiem said,
The ISPs, like the RIAA are in it to make $. It would cost ISPs nothing if they did nothing, as long as the RIAA didn't convince [buy?] stricter government regs that would cost more, so apparently they feel those sorts of regs were heading their way in the future. The RIAA etc. & the ISPs are/were basically playing poker. Now the trick for the ISPs is to do as little as possible yet still keep the RIAA at bay, while hoping all the while that the RIAA doesn't go ahead & purchase their gov regs anyway.

This is pretty much right. The ISPs are in between a rock and hard place. If they don't protect their users, they lose subscribers. Yet if they do not appear to be making progress against infringement, the RIAA and MPAA crack down.

jwoodfin09 said,

This is pretty much right. The ISPs are in between a rock and hard place. If they don't protect their users, they lose subscribers. Yet if they do not appear to be making progress against infringement, the RIAA and MPAA crack down.

I actually like this measure. Instead of cutting you off or getting sued, the ISP is taking it upon themselves to educate people. If you don't understand basic copyright law by the 6th warning, you deserve any consequences that come your way.

Actual, YES. I am really miffed about the number of people that don't understand that the Constitution is only there as protection from the government and not protection from everyone else.

There may be other laws that are out there to protect us from each other.

thejohnnyq said,
Actual, YES. I am really miffed about the number of people that don't understand that the Constitution is only there as protection from the government and not protection from everyone else.

There may be other laws that are out there to protect us from each other.


Agreed. Very few people understand the Constitution anymore. It doesn't help that the judges make their own laws now.

Private corporations are allowed to override the 4th and 6th amendments of the Constitution now?

Seems like the ISPs are puffing up their chests at the Supreme Court and the Union and saying "WELL WHAT THE **** ARE YOU GOING TO DO ABOUT IT HUH?!"

Unwonted said,
Private corporations are allowed to override the 4th and 6th amendments of the Constitution now?

Seems like the ISPs are puffing up their chests at the Supreme Court and the Union and saying "WELL WHAT THE **** ARE YOU GOING TO DO ABOUT IT HUH?!"

in a public P2P network you kinda just KNOW the IPs of everybody else involved in the sharing of the file, no traffic sniffing involved.

Unwonted said,
Private corporations are allowed to override the 4th and 6th amendments of the Constitution now?

Seems like the ISPs are puffing up their chests at the Supreme Court and the Union and saying "WELL WHAT THE **** ARE YOU GOING TO DO ABOUT IT HUH?!"


Again the Constitution is meant to protect the people from the government, not private companies. Capitalism is what our economy is based on, so there are laws to protect people from those few "bad" corporations.

Dark Atheist said,
And there was me thinking that politicians are supposed to serve the people, not the corporations /s

Unfortunately, it will never work that way in the current economic model (monetary economy). Bribes are common place, and politicians do the bidding of big business because they pay for their political campaigns, and offer revolving door jobs between government and the private sector.

One only has to take a look at who is funding both the democrats and republicans to discover they are in fact the same corporations; namely, Goldman Sachs and other banks, and the copyright industry (MAFIAA).

Deep packet inspection wont be able to see trough SSL encrypted traffic. Glad that **** aint allowed in the Netherlands anymore:D

articuno1au said,
From now on, everyone will use usenet and just SSL their connections.

Awesome.

This is pretty much exactly right. MI6 in the UK actually protested our digital economy act (basically the same thing) because all it will do is force people to encrypt their packets, thus making it harder for them to snoop the internet. The great thing about the internet is that regardless of how the governments will try to cripple it, the users will find a way around the restrictions.

articuno1au said,
From now on, everyone will use usenet and just SSL their connections.

Awesome.

Can they only monitor P2P traffic or can they monitor leaching sources as well now too?

Brian Miller said,
So, what type of traffic will they monitor?
* Outgoing P2P?
* Incoming P2P?
* Outgoing HTTP?
* Incoming HTTP?

I dont think they will monitor YOUR traffic, would they? with p2p networks they dont have to. all they have to do is download a file to see who else is sharing/downloading it. then ask the ISP for the IP.

Julius Caro said,

I dont think they will monitor YOUR traffic, would they? with p2p networks they dont have to. all they have to do is download a file to see who else is sharing/downloading it. then ask the ISP for the IP.

The ISPs will let the copyright holders do the monitoring.

I would say it's exactly what they do now. It's up to the content owners.

Really just means now instead of getting sued right off the bat, you get a warning.

Xilo said,
I would say it's exactly what they do now. It's up to the content owners.

Really just means now instead of getting sued right off the bat, you get a warning.

It's a form of extortion designed to evade the legal costs and jurisdictional requirements that have protected the citizens of the US so far. In other words, it's designed to bypass the laws protecting all of us from malicious and wrongful prosecution...giving them the same results for less money and with no judicial oversight.

Will the real Slim Shady...

Any way vote Democratic and you get...people like this...
http://news.cnet.com/8301-13578_3-10024163-38.html

Vote Republican and you get laws that let corporations off the hook.

It's not a choice, it's a rigged system; vote third party or for the few who are forced to run in the two party system though do not abide by it (e.g. did not vote for the civilian-spying patriot act)...

http://12160.info/profiles/blo...atriot-act-extension-hr-514

SlimShady said,
That's not too bad. The average Joe will redeem himself after the first alert.

Doubtful. With the price that a lot of people pay for internet service they honestly expect the content to be free.

The real question I have is whether this will really travel from ISP to ISP. What is to stop an individual from getting their 5th warning and then canceling their service? I also don't actually see to many ISPs actually enforcing these policies because they will loose customers.

As an ISP, I would absolutely agree to do this. I, however, would not actually do anything.