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BT Ordered to Block Pirate Links


BlueStar
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Not sure this is quite a simple a situation as the judge seems to believe.  If it sets a precident that ISPs are responsible for blocking any site which links to pirate material, then it's going to give them so much work to do then it probably won't be financially viable supplying broadband in the first place.

 

http://www.bbc.co.uk/news/technology-14322957

 

BT ordered to block pirate links

 

A High Court judge has ruled that BT must block access to a website which provides links to pirated movies.

 

Newzbin 2 is a members-only site which aggregates a large amount of the illegally copied material found on Usenet discussion forums.

 

The landmark case is the first time that an ISP has been ordered to block access to such a site.

 

It paves the way for other sites to be blocked as part of a major crackdown on piracy.

 

In his ruling, Justice Arnold stated: "In my judgment it follows that BT has actual knowledge of other persons using its service to infringe copyright: it knows that the users and operators of Newzbin 2 infringe copyright on a large scale, and in particular infringe the copyrights of the studios in large numbers of their films and television programmes."

 

He continued: "It knows that the users of Newzbin 2 include BT subscribers, and it knows those users use its service to receive infringing copies of copyright works made available to them by Newzbin 2."

 

BT and the Motion Picture Association (MPA), which brought the case, will be back in court in October to work out how the blocking will work.

 

 

The MPA which represents a number of movie studios including Warner, Disney and Fox, launched the legal action as a last-ditch attempt to close down Newzbin 2.

 

Chris Marcich, president and managing director of MPA Europe said: "This ruling from Justice Arnold is a victory for millions of people working in the UK creative industries and demonstrates that the law of the land must apply online.

 

"This court action was never an attack on ISPs but we do need their co-operation to deal with the Newzbin site which continually tries to evade the law and judicial sanction. Newzbin is a notorious pirate website which makes hundreds of thousands of copyrighted products available without permission and with no regard for the law."

 

The MPA signalled its intention to pursue other ISPs.

 

BT describes the judgement as "helpful".

 

"It clearly shows that rights holders need to prove their claims and convince a judge to make a court order. BT has consistently said that rights holders need to take this route. We will return to court after the summer to explain what kind of order we believe is appropriate," the firm said in a statement.

 

Link sites such as Newzbin 2 are gaining popularity as those determined to get their hands on free content move away from traditional peer-to-peer downloading methods.

 

A previous court case had ruled that Newzbin 2's predecessor must stop linking to free content but a new version of the site was set up outside of the UK's jurisdiction.

 

Revenge attacks

 

Justice Arnold ruled that BT must use its blocking technology CleanFeed - which is currently used to prevent access to websites featuring child sexual abuse - to block Newzbin 2.

 

In an email interview before the verdict, Newzbin 2 threatened to break BT's filters.

 

"We would be appalled if any group were to try to sabotage this technology as it helps to protect the innocent from highly offensive and illegal content," said a spokesman for BT.

 

The Internet Service Providers' Association has been a fierce critic of web blocking.

 

It said that using blocking technology designed to protect the public from images of child abuse, was inappropriate.

 

"Currently CleanFeed is dealing with a small, rural road in Scotland," ISPA council member James Blessing told BBC Radio 4's PM programme.

 

"Trying to put Newzbin and other sites into the same blocking technology would be a bit like shutting down the M1. It is not designed to do that."

 

Digital rights organisation the Open Rights Group said the result could set a "dangerous" precedent.

 

"Website blocking is pointless and dangerous. These judgements won't work to stop infringement or boost creative industries.

 

"And there are serious risks of legitimate content being blocked and service slowdown. If the goal is boosting creators' ability to make money from their work then we need to abandon these technologically naive measures, focus on genuine market reforms, and satisfy unmet consumer demand," said ORG campaigner Peter Bradwell.

 

He said more scrutiny needed to be paid to the content of such sites.

 

"What will qualify a site to be worthy of blocking? Who makes the decisions about what people people are allowed to see online?" he asked.

 

Disconnection

 

The crackdown on piracy has gained new urgency in recent months.

 

Pressure from rightsholders forced new legislation on the issue.

 

The UK's controversial Digital Economy Act makes provisions for tough action against those who downloading pirated music and films - initially sanctioning a letter-writing campaign asking them to desist.

 

BT and TalkTalk called for a judicial review of the DEA, saying the legislation was rushed through Parliament and was unenforceable but a judge ruled that it could go ahead.

 

Court action could be taken against individuals who ignore written warnings and 'technical measures' including disconnecting someone from the web could also follow.

 

The government is also considering the feasibility of more widespread site blocking, including looking at the possibility of a voluntary scheme between ISPs and rightsholders.

 

The Newzbin case was brought under the Copyright, Designs and Patents Act.

 

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Thing is, every ISP knows that its users are infringing copyright on a massive scale. But it's not their job to enforce the law, they aren't internet police.

 

It's a bit like prosecuting the council for providing roads that people can speed on. The providers of infrastructure can't be held responsible for what users do with it.

 

Also, it's impossible to enforce so will always be very random and inconsistent. And people can just get another ISP. Seems pointless.

 

 

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Guest ObiChrisKenobi

Some ISPs said years ago they wouldn't go down this track if they were requested. Time to see if they stick to their words or not, besides, as people have mentioned, its impossible to police the internet.

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Still a total joke there is no legal alternative to newsgroups/warez-bb. Yes there is Itunes and a few others but the range of stuff they have is shocking as is the quality of the software. If there was a subcription service that you paid in to and got to download songs tv shows etc people would as they're currently paying for downloading anyways. Obviously their is a lot of companies that need to agree but when most of these companies are still pushing an outdated distribution model they can't complain that people dont want to but their overpriced shit.

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Blocks like this won't work for more than a few hours, or days at best.

 

Either the ISP blocks the IP address of the server, potentially blocking hundreds or thousands of other, non-infringing sites, or they block the URL of the site and end up playing whack-a-mole with the other URLs that will immediately be registered to point to the infringing site.  Even then, there are proxy servers, VPN connections, etc. that will allow people to visit the site completely bypassing the block.

 

The real danger is that now, someone will try to use this precedent to block access to other material that might be libellous in this country, or deemed offensive to some special interest group.

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Idiotic ruling, but a dark day nonetheless.

 

It'll make fuck all difference though, really. There are other sites *cough*NZBMatrix*cough* with just as much content listed. Alternatively, just use a VPN or some other proxy, access Newzbin, then grab your NZB files :troll:

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