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Comcast to pay $16m over BitTorrent busting


BitTorrentMicroprocessorComcast has agreed to pay $16m to settle a class action suit brought against the company after it was caught secretly busting BitTorrents.

Filed by a California man in November 2007, the suit claims that Comcast's BitTorrent busting violated federal computer-fraud laws and user contracts. In a proposed settlement, the US cable giant denies the claims, but the company points out it has since revised what it still insists on calling its "management of P2P."

Independent networking guru Robb Topolski first observed Comcast's BitTorrent busting in early 2007, and when word of his P2P tests first hit the tech press that August, Comcast flatly denied the practice. But by October, the Associated Press had confirmed that the ISP was preventing users from "seeding" P2P files - i.e. making them available to other users.

Comcast continued to say it was "managing" traffic, not blocking it - even after the US Federal Communications Commission sanctioned the cable giant for violating its 2005 internet policy statement. The cable giant went so far as to sue the FCC in the US Court of Appeals.

Clearly, Comcast was playing with words. In its world, sending duped reset flags to break peer-to-peer connections is not a means of blocking file transfers. For the longest time, the company insisted it was merely throttling P2P sharing during "periods of heavy network traffic." But after a year of scrutiny, Comcast admitted it was clipping P2P connections around the clock - as Topolski's tests had shown.

"Comcast's current P2P management is triggered when the number of P2P uploads in a given area for a particular P2P protocol reaches a certain, pre-determined level, regardless of the level of overall network traffic at that time, and regardless of the time of day when the applicable P2P protocol threshold is reached," the company said in an FCC filing.

To no one's surprise, the ongoing saga turned into a pie-throwing spat over net neutrality. But the real issue was customer fraud. Comcast wasn't giving users what it said it was giving them. Thus, the class action suit brought by Californian Jon Hart.

"Defendants have disseminated and continues to disseminate advertising, that they know or should reasonably know is false and misleading. This conduct includes, but is not limited to, promoting and advertising the fast speeds that apply to the Service without limitation, when, in fact, Defendants severely limit the speed of the Service for certain applications," the suit reads.

"It further includes Defendant's misrepresentations that their customers will enjoy 'unfettered access' to all internet applications, when, in fact, Defendants not only fetter certain applications, but completely block them."

Under pressure from the FCC - and public opinion - Comcast has since changed its "network management" setup, so that its throttling is protocol-agnostic. And bandwidth is now capped at 250GB a month for each user.

Under the proposed settlement, current or former Comcast high-speed Internet customers who either used or attempted to use Ares, BitTorrent, eDonkey, FastTrack, or Gnutella between April 1, 2006 and Dec. 31, 2008 or Lotus Notes between March 26, 2007 and Oct. 3, 2007 can receive a cash payment...of $16.

Jon Hart is set to take home $2,500.

BT to throttle P2P for faster broadband


bt-logoHopes that BT's new faster broadband technology might improve peer-to-peer downloads have faded with the firm's confirmation that subscribers will be subject to the same restricitions as those on less expensive tariffs.

The firm announced "BT Infinity", based on its fibre-to-the-cabinet (FTTC) rollout and theoretically capable of up to 40Mbit/s, yesterday.

The cheapest £19.99 package drew instant criticism from rival Virgin Media, because it has a 20GB per month download cap. 40Mbit/s is about 18GB per hour, although in reality few will come close to the top speed for long periods.

BT has now also conceded that its traffic management equipment will restrict the bandwidth available to peer-to-peer protocols on both Infinity packages, as on its existing ADSL services.

BT says the timing of its peer-to-peer throttling varies, but is typically applied between 4pm and midnight during the week and 9am and midnight at the weekend. It doesn't disclose how tight the restrictions are.

It will also restrict the bandwidth available across all protocols to the heaviest users, which it says are less than one per cent of its five million total subscribers.

Virgin Media meanwhile applies similar across-the-board throttling to the heaviest five per cent of users. On its 20Mbit/s package that means users who download more than 3,500MB between 4pm and 9pm.

On its most expensive 50Mbit/s package there is no throttling at all. None of its cable packages has a monthly data cap.

BT's FTTC investment is part of a £1.5bn last mile upgrade programme run by its Openreach division.

'Piracy Isn't Killing Music' Radiohead's Guitarist Says


obrienIn an attempt to take a stand against the labels, several well known artists including Radiohead formed the Featured Artists Coalition last year, a lobby group that aims to end the extortion-like practices of record labels and allow artists to gain more control over their own work. 

Radiohead and others are unhappy with the fact that the labels, represented by lobby groups such as the RIAA and IFPI, are pushing for anti-piracy legislation without consulting the artists they claim to represent. Radiohead, who used BitTorrent to leak one of their songs, went as far as being willing to show up as a witness against the RIAA in court.

In a new MIDEM interview, Radiohead guitarist Ed O’Brien stands up for file-sharers once again, stating that piracy is not killing the music industry in his view.

O’Brien is no stranger when it comes to piracy. “There’s a very strong part of me that feels that peer-to-peer illegal downloading is just a more sophisticated version of what we did in the 80s, which was home taping,” he said, something the music industry strongly discouraged at the time. 

“If they really like it, some of them might buy the records,” he said, adding that if they don’t buy the albums they might buy a concert ticket, t-shirt or other merchandising.

“I have a problem about it when people in the industry say ‘it’s killing the industry’, it’s the thing that’s ripping us apart’,” O’Brien said, adding: “I don’t believe it actually is.” 

According to O’Brien the music industry is using analogue business models in a digital age. “You’ve got to license out more music, more Spotifys, more websites selling more music. You’ve got to make it slightly cheaper as well to get music in order to compete with the peer-to-peers.”

Radiohead’s guitarist says he’s surprised that the music industry is still struggling with the digital transition, and urges the labels to “move quicker” and get their content out there at a fair price.

UK ISP Calls Bono's Anti-P2P Rant "Outrageous"


bono_in_africaUK ISPs are not happy with the latest anti-p2p rant by Bono, frontman of U2. According to Bono digital piracy is of the same magnitude as child pornography and he further claims ISPs are cashing in on this.

Talk Talk says U2 frontman is “seriously misguided,” that P2P doesn’t earn ISPs any additional income, that it’s outrageous to equate illegal file-sharing with child pornography, and that any anti-P2P efforts can easily be circumvented.

Earlier this week I mentioned U2 frontman Bono’s Ten for the Next Ten, ten ideas that "might make the next 10 years more interesting, healthy or civil, op-ed in the NY Times.

In it he made some startling claims, one of which is that we we need ISP-level content filtering, mocking their "dumb pipe" defense. He said their “swollen profits perfectly mirror the lost receipts of the music business.”

UK ISP Talk Talk, which claims to be the country's largest broadband provider with over 4.25 million customers, is fighting back in a recent blog post, calling Bono “seriously misguided.”

“ISPs generate no additional revenue or profit from customers sharing files,” says Andrew Heaney, the ISP’s Executive Director of Strategy and Regulation. “In fact we incur some marginal cost due to the extra bandwidth required.”

Bono also suggested that the successful American fight against online child porn and China’s efforts in suppressing online dissent prove that “possible” to track and filter content.

For this charge Heaney could barely contain his disbelief.

“It is outrageous to equate the need to protect minors from the evils of child pornography with the need to protect copyright owners,” he continues. “As a society we have accepted that it is appropriate and proportionate to intrude on people’s Internet use by blocking access to sites that host child abuse images. To suggest that sharing a music file is every bit as evil as child abuse beggars belief.”

It notes that the proposed “three-strikes” bill allows alleged file-sharers to be disconnected from the Internet without court order while it’s required to disconnect those accused of viewing child porn.

“Most people think that blocking access to sites that host child abuse images is a good thing,” he adds. “Conversely, less than 10% of us think that disconnecting alleged file-sharers without a court hearing is a good idea.”

What really makes Bono’s comments nonsensical is the fact that he thinks P2P can simply be filtered or eradicated at all.

“Bono obviously does not understand how simple it is to access copyright protected content without being detected,” says Heaney. “P2P file-sharing can be spotted (albeit at great cost) but there are dozens of applications and tools out there which allow people to view content for free and no amount of snooping can detect it.”

Exactly. It was even Talk Talk no less that showed the ease with which it was able to hijack unsuspecting Wi-Fi connections this past October, finding that a astounding 33-41% were vulnerable!

I guess Bono thinks that too can be cured, perhaps threatening Internet users with jail time or fines for poor router configurations. That will certainly make people love music artists even more I’m sure.

What has the world become when artists are threatening their fans to “pay up or else?”

New Moon Pirate Camming Farce Comes To An End


New MoonSamantha Tumpach brought a camera inside a movie theater and used it to record her family singing happy birthday along with a few shots of the movie. By the end of the movie she was arrested and was facing three years jail time for being a movie pirate.

On 2nd November, 22 year-old Samantha Tumpach was out with family celebrating her sister’s 29th birthday. Like many, they chose a movie theater for the happy occasion, specifically the Muvico Theater in Rosemont, United States.

Watching ‘Twilight: New Moon’ would be an experience she’d never forget.

Camera in hand, Tumpach took pictures of her family before the movie began and recorded her relatives singing “Happy Birthday”. She also turned the camera towards the big screen, snagging small portions of adverts, previews and short sections of the movie – 4 minutes in all – accompanied by her own amateur voice-over.

Then a theater robot worker saw what was going on, immediately recalled their MPAA programming and decided that evil had been done. Tumpach was taken to theater managers who identified her as a professional and criminal pirate. Eventually she was handed over to the police who sympathized with her situation. "They were so nice to me," Tumpach said.

Despite this, the managers insisted on pressing charges. Tumpach spent two nights in jail, charged with criminally recording a motion picture, before being released pending a court appearance.

"We were just messing around," she said. "Everyone is so surprised it got this far." 

Hearing of her plight, Tumpach received support from an unlikely corner – Twilight: New Moon director Chris Weitz.

"Needless to say, the case seems to me terribly unfair and I would like to do what I can to address this," Weitz wrotein an email.

Whether or not this pressure made any difference is unclear, but Tumpach left a courtroom a free woman today, the charge against her dismissed after prosecutors decided not to pursue the case.

"She's traumatized by this," said her attorney Dominick Dolci. "This is the worst event of her life and she wants to put it behind her."

Her other attorney, Howard Kavenow, added: “This was nothing more than a birthday party where photos were being taken. It's nonsense."

Samantha Tumpach will not now face three years in jail, no thanks to the heartless and completely idiotic theater managers who tried to ruin her life

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