Advertisement
If you have a new account but are having problems posting or verifying your account, please email us on hello@boards.ie for help. Thanks :)
Hello all! Please ensure that you are posting a new thread or question in the appropriate forum. The Feedback forum is overwhelmed with questions that are having to be moved elsewhere. If you need help to verify your account contact hello@boards.ie

Downloading case in the High Court

Options
24

Comments

  • Registered Users Posts: 1,078 ✭✭✭bigpaddy2004


    JC 2K3 wrote: »
    Emm, how the hell can Eircom block illegal downloading? They can't block P2P traffic, as P2P isn't illegal...

    Rubbish. Its quiet easy for an isp to block regular and encrypted file sharing programs.
    There is even a firewall out there which can distinguish between copyrighted material and homemade material.
    Im not sure if its and ISP in the UNITED STATES or the UK whom have installed such a firewall a few months back to filter out copyrighted material.
    I will dig up the news story however and post it here when I find it.


  • Registered Users Posts: 5,142 ✭✭✭nilhg


    Is it not true that if you download an album from a file sharing client, you will not be paying the music industry for that album? Is that not stealing? As for what I can make out they will be looseing out on the sale of that record.

    If you download it, listen to it, don't like it and delete it, is it still stolen.
    If you go into a shop and buy an album, listen to it, don't like it and bring it back to the shop will they refund you?

    The big problem for the "Music Industry" is that most of their customers and a lot of their artists, perceive themselves to have been (legally) quite royally screwed over the years.
    Rubbish. Its quiet easy for an isp to block regular and encrypted file sharing programs.
    There is even a firewall out there which can distinguish between copyrighted material and homemade material.
    Im not sure if its and ISP in the UNITED STATES or the UK whom have installed such a firewall a few months back to filter out copyrighted material.
    I will dig up the news story however and post it here when I find it.

    Can they do it without affecting the quality of service for everyone and without interfering with peoples privacy. There is a presumption of innocence in our system, you can't just open somebodys communications without fair cause.


  • Closed Accounts Posts: 4,858 ✭✭✭paulm17781


    Anyone saying there is no good music around is clearly not looking. If you think Britpop was the best last "scene" you're probably getting old (honestly). There is so much good music around these days, I have found most of it by downloading, I've then bought a load of the stuff online. The problem is record labels screw artists and most talented ones are going online instead, they have more hope that way then ending up in debt to a label. FWIW NIN made $750,000 on day 1 from the 'ultimate' version of the album. I'd say that's more than They'd get from sales in a year, it doesn't include the downloads or anything. The reason MTV isn't playing good music is because little of it is promoted by labels as the good acts aren't trying to get signed any more. Do you see where this is going and why it is always labels suing?


  • Registered Users Posts: 300 ✭✭WillieFlynn


    I feel that one of the reasons why illigal downloading of music became such an issue, is that the record companies made it difficult to buy music online leagly, in a usable form (ie with out DRM).

    I don't buy CD's anymore because of the hassel of ripping the tracks. Then the physical CD just sits around creating a mess, until I trow it out.

    The only way I will by music, is if it can be easly purchased online DRM free, for a reasonable price. While things are slowly moving in the right direction, we are not there yet.

    So in my case the record companies loss of sales, is purly due to them not offering to sell me music in a usable convient format.


  • Closed Accounts Posts: 13,992 ✭✭✭✭gurramok


    Is it not true that if you download an album from a file sharing client, you will not be paying the music industry for that album? Is that not stealing? As for what I can make out they will be looseing out on the sale of that record.

    Its called 'copyright infringement' and thats what the labels have sued people for, they've never sued for stealing as they know it would be thrown out of court straight away.

    10% of a sale of a cd goes to artists, a fact. Nice little chart here: http://news.bbc.co.uk/2/hi/business/7265070.stm


  • Advertisement
  • Registered Users Posts: 40,038 ✭✭✭✭Sparks


    From a technical point of view, how are Eircom to distinguish between my downloading an ISO of Ubuntu from someone downloading copyrighted material when they use the same protocol over the same ports, unless Sony et al are suggesting that the courts order Eircom to monitor the contents of the packets being sent?


  • Registered Users Posts: 2,625 ✭✭✭AngryHippie


    My opinion on the matter is that I will go and see any act whose music I like, I will pay through the nose to go and see them, I would have no problem paying them 10% of the cost of a cd to get a copy of their album, But if an act never comes to the country or relies solely on income from their records then they will suffer.
    I also agree with the view that the major record labels have been pumping out far too much bland ****e pop music and marketing it at kids, who are only listening to it and buying it for peer image, That is totally unethical and those guilty of the practice deserve to be hit in the pocket. Louis and Ronan I'm lookin at you......
    Real artists are prepared to tour not just to get known, but to actually earn a substantial part of their income I think this is a better system than relying on promotion of a cd, for which they get a 10% slice at best.....

    Having said that, the radiohead experiment did show just how tight people will be given the opportunity, so any system you put in place will be abused.
    Am I gonna shed any tears because sony music or capitol records or geffen's profits are sliding ? NO, They are essentially a marketing company anyway, and I'm with Bill Hicks on marketing....


  • Posts: 2,874 ✭✭✭ [Deleted User]


    Rubbish. Its quiet easy for an isp to block regular and encrypted file sharing programs.
    There is even a firewall out there which can distinguish between copyrighted material and homemade material.
    Im not sure if its and ISP in the UNITED STATES or the UK whom have installed such a firewall a few months back to filter out copyrighted material.
    I will dig up the news story however and post it here when I find it.

    Whats this magical firewall called?
    If you are referring to Sandvine (used by Comcast in the USA), this is a technology that throttles the bittorrent protocol, regardless of whether you are sharing legitimate files or not.
    Other than that I havent come accross anything that can differentiate between warez and legal files.


  • Registered Users Posts: 1,078 ✭✭✭bigpaddy2004


    Whats this magical firewall called?
    If you are referring to Sandvine (used by Comcast in the USA), this is a technology that throttles the bittorrent protocol, regardless of whether you are sharing legitimate files or not.
    Other than that I havent come accross anything that can differentiate between warez and legal files.
    No im not referring to sandvine, or netequaliser or any other bandwidth limiter
    Companies such as Allot communications provide firewalls which can distinguish between copyrighted material and not.


  • Registered Users Posts: 32,417 ✭✭✭✭watty


    .....provide firewalls which can distinguish between copyrighted material and not.

    A bit like spam filters, IMO. You are going to get a lot of false positives and false negatives and it can't really do anything with encrypted or multipart (multipart is where the individual bits in a word come from different peers).

    It's slightly more reliable to look for uploaders. For various reasons.

    Copyright infringement is wrong, aside from how broken or greedy or not the Music publishers are. But you can't beat up the carrier. Should DHL vans be stopped and searched or DHL staff search parcels for Child porn or weapons manuals?

    How can a copyright filter know if a download is BBC/C4 Sky P2P or warez?

    It's all a bit like King Canute. They need to tackle their problems a different way rather than arguing with the tide coming in. Build seawalls. Make Viking / Pirate raiding unattractive.

    Why do few people smuggle Brandy, Silk, tobacco compared with 17th & 18th Century? Because it is easier to go to Tesco, not because of better Excise men.


  • Advertisement
  • Moderators, Technology & Internet Moderators, Regional South East Moderators Posts: 28,489 Mod ✭✭✭✭Cabaal


    The only good thing about this case is we all know Eircom doesn't like being told what to do (years of seeing Comreg and Eircom in court proves this) we also know Eircom doesn't like spending money if it doesn't have to.

    As such I'd expect this to be in court for bloody ages and even if the record companys win Eircom are likely to appeal :)

    If the industry wants this issue sorted in the long term then they need to change there business model, setups like iTunes for movie and music rentals/buying are a good start but the best example so far has been from the BBC in the UK....sadly this service isn't available to those outside of the UK.

    No other solutions will work in the long term, sure ISP's can limit P2P traffic with the likes of sandvine.com (Comcast in the US use it, CPW in the UK and its thought UPC in Ireland) but people will always find a work around...in this case download from usenet instead or download to a deadicated servver and then download normally via http and/or FTP. (sandvine can't tell if the http/ftp traffic is illegal or not it also can incorrectly throttle legit applications and sometimes even games by accident)

    There's too many variables to all this, its not as simple as black and white.

    Don't get me wrong I'm not saying copyright infringement is right and should be allowed, hell I know that downloading the latest episode of CSI, Heroes, Lost that aired on NBC in the US lastnight is illegal.

    But the fact remains is the vast majority of people are sick to death of hearing about for example CSI airing on CBS lastnight in the states and then RTE doing a half arse job showing it by canceling eps, airing them in the incorrect order or just not showing eps at all so then people have to wait for DVD's and fork out money just to watch a TV show that their local channel/network should show.

    At this stage its gotten to the point where the majority of people just don't view it as wrong,

    We've all seen that the movie industry has massively decreased the time it used to take for a movie to come to Ireland after showing in the states.

    Years ago it could be many many months now its down to weeks, this wasn't down to marketing this used to be down to the fact that the industry wanted to save money so they used the same film reels in the US and then shipped them to other countrys when they stopped showing in the states.

    However with all these changes in the end of all this whats happened? Profits have gone up!! :D (thats even with movie piracy on-line)

    Additionally the movie industry has massively decreased the time it now takes for a movie to go from cinema to DVD/Video and this has also helps, but again in many people's view 22-29e for a new film on dvd is a massive ripp off.

    So now we come to the music industry, ah yes....they want to ideally rent music to people on a monthly rate, they also have fought ever change tooth and nail, hell they've fought Apple many a time over the amount of fee's they make from iTunes.

    They constantly bitch about lack of sales yet they continue to produce ****e track after ****e track, its not just the price of music and piracy that "may" be affecting the industry its also the quality of the music and in my view its pretty poor indeed.


  • Moderators, Technology & Internet Moderators, Regional South East Moderators Posts: 28,489 Mod ✭✭✭✭Cabaal


    On a light note, I guess this sums things up regarding how the industry wants to deal with people


    I always find it amusing that the industry view movie, music and tv piracy as stealing, well it is and it isn't,

    In one way it is from the side that if you download it your perhaps less likely to watch TV so your less likely to view adverts and less likely to buy products etc, however stealing also suggests somebody actually takes a physical copy and all there anti-piracy adverts also suggest this.

    However thats not what happens :)


  • Closed Accounts Posts: 7,794 ✭✭✭JC 2K3


    No im not referring to sandvine, or netequaliser or any other bandwidth limiter
    Companies such as Allot communications provide firewalls which can distinguish between copyrighted material and not.
    lol, that's the biggest load of crap I've ever heard. How can software distinguish between copyrighted and non-copyrighted material?

    The only thing I can think of is that it would be a keyword filter, which would be highly ineffective and also quite annoying for all the false positives it'd produce.


  • Moderators, Technology & Internet Moderators, Regional South East Moderators Posts: 28,489 Mod ✭✭✭✭Cabaal


    No im not referring to sandvine, or netequaliser or any other bandwidth limiter
    Companies such as Allot communications provide firewalls which can distinguish between copyrighted material and not.

    Perhaps there firewall can distinguish between copyright material and non-copyright material on paper but not in practice.

    The only way such a system would work is if you apply a digital signature to everything and those items without/with a signature are then treated as copyright material and can't be copied, such a system is unlikely to happen due to the costs involved and many other outside factors.

    Plus you'll find that as with any "copy protection" such as CSS its likely to be removed, as I always say if people can make it then people can break it :D

    I believe that unless they do add digital sigs to everything then this "firewall" to which you refer is about as much use as a chocolate teapot.

    Off hand looking at there website I see this http://www.allot.com/index.php?option=com_content&task=view&id=612&Itemid=88888930, this is the exact same as Sandvine and can easily be worked around. If you have info regarding this "firewall" then please post away :)


  • Registered Users Posts: 1,078 ✭✭✭bigpaddy2004


    JC 2K3 wrote: »
    lol, that's the biggest load of crap I've ever heard. How can software distinguish between copyrighted and non-copyrighted material?

    The only thing I can think of is that it would be a keyword filter, which would be highly ineffective and also quite annoying for all the false positives it'd produce.

    You have seen this product in action so I take it?
    If not its probably better not to comment on a product you know nothing about.


  • Registered Users Posts: 413 ✭✭ianhobo


    When I go into a music shop, the music that I always end up buying is older, 70's, 80's. As was said before, I have no interest in current music because I simply don't like any it, it just isn't very good.

    Rather than the Record Companies wasting time trying to prevent the transport mediums (ISP's) from stopping illegal downloads, they should look at the source.

    An archaic (in technology terms) and inferior music delivery system i.e the cd.

    The CD is their current problem. It's too easy to take the music off a cd

    (i'm not saying it's an easy or cheap problem to fix now, before I get jumped on! ;) but it's very easy to identify this as the main problem)

    Music has been a consumer digital product for over 20 years. What other piece of technology has remained unchanged for over 20 years? Nothing!
    What other "system" has remained secure for that long? none.

    I'm aware that previous attempts to move the technology along have been tried and failed - super audio cd etc and the sony fiasco of cd copy protection over the last few years, but they just got overly aggressive with an antiquated data format that simply couldn't handle it

    DVD is already on its way out! Why? Because their expensive copy protection system was cracked. A complete format change is now happening

    Major worldwide encryption standards are changed quicker. DVD has been changed. Blu-ray protection was broken almost immediately, and re-engineered. Chip and pin has replaced your signature.
    At least these industries are trying to stay ahead. The music industry did nothing...until it was too late

    I'm not happy with how I've explained my point, hopefully some people will understand what I mean.

    Do I mean It's their own fault for resting on their laurels for so long with the cheap money spinner that Compact Disc presentation and delivery allowed them? maybe I do......


  • Registered Users Posts: 1,078 ✭✭✭bigpaddy2004


    Cabaal wrote: »
    Off hand looking at there website I see this http://www.allot.com/index.php?option=com_content&task=view&id=612&Itemid=88888930, this is the exact same as Sandvine and can easily be worked around. If you have info regarding this "firewall" then please post away :)

    I have been speaking with Allot about this, this is there number one sales pitch about their product. I doubt they would lie about something about like this.

    Is it not difficult for the music industry to partner up with a software giant like Allot to embed a digital signature in their music for a firewall to pick up on?


  • Closed Accounts Posts: 7,794 ✭✭✭JC 2K3


    You have seen this product in action so I take it?
    If not its probably better not to comment on a product you know nothing about.
    It's also probably better not to comment on technology and telecommunications when you know nothing about them.


  • Closed Accounts Posts: 7,794 ✭✭✭JC 2K3


    Is it not difficult for the music industry to partner up with a software giant like Allot to embed a digital signature in their music for a firewall to pick up on?
    Eh, all someone has to do is remove the digital signature from the file. Sounds too easy? Well I'm afraid it really IS that easy.


  • Registered Users Posts: 413 ✭✭ianhobo


    I have been speaking with Allot about this, this is there number one sales pitch about their product. I doubt they would lie about something about like this.

    Is it not difficult for the music industry to partner up with a software giant like Allot to embed a digital signature in their music for a firewall to pick up on?

    it will be a big expense, with little rewards at the end. As cabaal said, anything that is developed will be broken in a matter of weeks by some-one with the know how

    MPEG css has been broken, blu ray disc encryption has been broken, HD-DVD was broken, iTunes DRM has been broken, Windows DRM has been broken, "insert name here" has been broken

    Any potential development would be quickly broken, maybe even quicker than it took to develop


  • Advertisement
  • Registered Users Posts: 413 ✭✭ianhobo


    you seem to be missing a fundamental bit of understanding here.

    What has to be done to a digitally signed file in order to make it usable?

    ...the digital sign has to removed!!! :D
    by a software program.....
    which most likely 50 - 100 under paid people worked on....(security?)
    this program will load the now unsigned file into ram to play in its "secure player"

    while another program comes along, copies the ram, and now has a perfect digital unsigned copy of what ever the it is song/movie/document


  • Closed Accounts Posts: 5,029 ✭✭✭um7y1h83ge06nx


    I don't know if I reckon that is a foolproof method of restricting illegal downloads bigpaddy2004.

    I'm a software developer and I don't really know enough about the particular product to say for definite, but it would need to be an amazing lump of code to be as effective as you claim it to be.

    As a previous poster has said, so many different security systems and encryption systems have been broken/ worked around, I think it's a losing battle.


  • Moderators, Technology & Internet Moderators, Regional South East Moderators Posts: 28,489 Mod ✭✭✭✭Cabaal


    I have been speaking with Allot about this, this is there number one sales pitch about their product. I doubt they would lie about something about like this.

    Is it not difficult for the music industry to partner up with a software giant like Allot to embed a digital signature in their music for a firewall to pick up on?

    hmm, are you saying the link I posted is of the product your talking about, if so then you have a very poor understanding of the product.

    As for there sales pitch, we all know sales people always tell the truth and never lie :rolleyes:

    Yes I'd agree its not difficult for them to buddy up with a large corp with regards to digital signatures

    But lets not forget that digital signatures can be removed and there are loads of codecs out there that have been hacked (XVid for example) that have little or nothing to do with the Microsofts of this world and yet are more popular.

    As you can see there are far too many holes in the digital sig system for it to work the way companys would like.

    oh and of course don't forget the users who don't want a digital sig format......ever guess why wma format never got very popular even though its better sound quality then mp3, I'll give you a hint I've talked about it above :D

    Its clear to see that the general public don't want digital sigs and the industry is listening to them, one perfect example of this is the iTunes Plus facility. All the benefits of iTunes but if the user pays 20c more then they get a unrestricted file with no digital sig that restricts what devices it can be copied to and how many times it can be burned etc.

    Additionally any system that has had restrictions such as DVD, Blu-Ray, HD-DVD, ITunes, etc etc etc has been broken by people, so even if some system was created with a company like Sandvine that made a deal with Apple, Microsoft, Intel, IBM etc then its just going to be broken after a period of time.

    In short, bigpaddy2004 I'd suggest you listen to less sales pitches and marketing execs and actually look into the systems at play and how and why its very unlikely to work.


  • Registered Users Posts: 1,078 ✭✭✭bigpaddy2004


    JC 2K3 wrote: »
    It's also probably better not to comment on technology and telecommunications when you know nothing about them.

    I know all to well what im talking about. Im beginning to dis like your attitude.


  • Registered Users Posts: 1,078 ✭✭✭bigpaddy2004


    I don't know if I reckon that is a foolproof method of restricting illegal downloads bigpaddy2004.

    I'm a software developer and I don't really know enough about the particular product to say for definite, but it would need to be an amazing lump of code to be as effective as you claim it to be.

    As a previous poster has said, so many different security systems and encryption systems have been broken/ worked around, I think it's a losing battle.

    I know nothing of software encryption, I was only saying would it not be possible for the music industry and the software people to join together in the future. I mean it is going to benefit both parties.


  • Registered Users Posts: 1,078 ✭✭✭bigpaddy2004


    Cabaal wrote: »
    In short, bigpaddy2004 I'd suggest you listen to less sales pitches and marketing execs and actually look into the systems at play and how and why its very unlikely to work.

    AT & T have begun using this system in the US. Thats enough for me to believe it works.


  • Registered Users Posts: 413 ✭✭ianhobo


    AT & T have begun using this system in the US. Thats enough for me to believe it works.

    Well obviously it doesn't as they still have a problem

    what is your understanding of "deep packet inspection" as marketed by allot?


  • Moderators, Education Moderators, Technology & Internet Moderators Posts: 35,078 Mod ✭✭✭✭AlmightyCushion


    Lets just say hypothetically that the digital signature was impossible to remove from the file. My iRiver mp3 player has the ability to record via the line in. All I'd have to do is connect a little cable to the speaker port on my pc and click record on the iRiver and no digital signature. It would take a while and it is a lot more effort than ripping but it shows how easy it is to get around some of these restrictions. By the way that mp3 player cost me about €300 2 years ago so it's cheap as well.


  • Moderators, Technology & Internet Moderators, Regional South East Moderators Posts: 28,489 Mod ✭✭✭✭Cabaal


    AT & T have begun using this system in the US. Thats enough for me to believe it works.

    Oh you mean this http://yro.slashdot.org/article.pl?sid=07/06/13/2057251

    Its marketing speel for the most part, the logistics for such a system are massive and the chance of false positives are VERY high, also I'd expect a class action suit to be brought against them the second they try to implement it due to privacy concerns.

    Additionally tell me this, if you use a P2P application that uses encryption or download a file via https how do you suppose AT&T will know what a user is downloading is illegal?

    bigpaddy2004, seriously you have to stop believing ever word of a press release,


  • Advertisement
  • Closed Accounts Posts: 7,794 ✭✭✭JC 2K3


    I know all to well what im talking about.
    I know nothing of software encryption

    lol


Advertisement