Des innocents censurés par une organisation anti piratage

[pankkake]

The Internet can prove complex to some, especially copyright holders. Recently, the Entertainment Software Association (ESA) notified the webhosting company of a BitTorrent tracker dedicated to Open Source Software, that it was infringing copyright of one of their clients. Without any notice, the webhosting company pulled the tracker offline, not realizing that the tracker had done nothing wrong.

For those new to BitTorrent, terms like trackers and .torrent files might be confusing. When someone decides to share a file with others, they make a .torrent file, and add a tracker url that tells the downloader where it can find the other peers sharing the same file. A tracker doesn’t have to host the .torrent file, and is only a means of communication between BitTorrent users. They are no more liable than any ISP in this respect.

There are thousands of open BitTorrent trackers on the Internet, and most of these don’t actually host all the files on their website. However, since they are open, anyone can add the tracker to their torrent file. The tracker owner has no knowledge of the files being spread via his or her tracker. Recently the popular Internet TV network Revision3 was attacked by MediaDefender because they were running an open tracker, and they are not alone.

This week, ‘Open Source Torrents‘ had to deal with some remarkable consequences of hosting an open BitTorrent tracker. The tracker, dedicated to sharing Open Source Software through BitTorrent, was taken offline because it allegedly infringed the copyright of the game ‘Command&Conquer Red Alert 3′. There was never a .torrent file for this material stored on the server though, only hashes of data.

The webhost, Liandra Tech, took the tracker offline after it received a copyright infringement notice from ESA. “We have to terminate your webhosting account with us, due to complaint about copyright material infringement on ostorr.org,” they wrote to the founder of the site, as they forwarded the email they got from ESA.

Akash, the founder of the tracker was very surprised by the decision of his webhosting company, to shut down his site without even consulting him first. “These folks shut me down for “Command and Conquer” supposedly going through my tracker. I’ve never even played the game,” Akash told TorrentFreak. “We did host some actual files, but only mirrors of the open source software we track, which is definitely perfectly legal.”

Although OStorr.org is a relatively small tracker, it has helped to spread more than 50,000 copies of The Open CD, and thousands of copies of other free and Open Source software. So, the only torrent files listed on his website were of Open Source website. The tracker was also open to anyone else, like many others, but Akash has no way of telling what files are tracked.

Akash is forced to find a more understanding host now, but he assured us that the tracker will return. “Open source software is about as legal as it gets. Apparently not. Time to find a new host,” he said.

http://torrentfreak.com/open-source-torren…-outfit-081218/

Et, dans le même genre, maintenant la RIAA annonce qu'elle va sciemment arrêter les procès (après tout, elle pourrait perdre !) et se concentrer sur l'obtention du droit de couper l'accès Internet de n'importe qui sans aucune procédure judiciaire :

For years the RIAA has been filing lawsuits against thousands of individuals who allegedly shared copyrighted music. Following recent court setbacks, the lobby group has announced it will stop mass lawsuits. Instead, it will focus on cutting deals with ISPs to disconnect ‘IP-addresses’ that repeatedly share copyrighted music.

Ironically, the decision by the RIAA to stop their mass lawsuits is followed by a proposal to target an even larger group of Internet users. The music industry lobbyists state that they are in the process of cutting deals with ISPs to target Internet subscribers that repeatedly infringe on the copyright of the major record labels - the so called three-strikes approach.

This means that millions of people will receive warning emails from their Internet service provider, based on ‘evidence‘ gathered by a third party with a vested interest in the outcome. This will also mean, however, that thousands of individuals will receive emails in error, as the evidence gathering techniques are not as solid as the anti-piracy outfits say. There have been a lot of false accusations already, and this was recently confirmed in mainstream media by the BBC show Watchdog.

The move from individual lawsuits to controlling piracy at the ISP level seems to be the new trend this year. Many countries have looked into the possibility of disconnecting file-sharers from the Internet, often gently pushed by anti-piracy lobbyists. France was the first to present their “three-strikes” law earlier this year, which would allow anti-piracy outfits to police the Internet. The IFPI now plans to implement this worldwide, with or without legislation.

It wont stop there though, if the RIAA gets its way ISPs will also have to pro-actively check for copyrighted content on their network. In their list of suggestions for the controversial ACTA proposal, the RIAA wants ISPs to spy on the files that are transferred by their customers, and check them against a reference database of “copyrighted files”.

ISPs worldwide are not looking forward to policing their networks, but they might find themselves with no other option. Adding further pressure, the RIAA wants ISPs to be held liable for the copyright infringement that takes place on their network, as their proposal suggests “…in the absence of proof to the contrary, an Internet service provider shall be considered as knowing that the content it stores is infringing or illegal, and thus subject to liability for copyright infringement…”

So, while dropping the mass-lawsuits might be considered to be a step forward by some, the change in tactics might very well result in a virtual police state where consumers (and ISPs) are guilty until proven innocent. The RIAA has lost some major battles in court, but if they gain control over ISPs, the future might be even darker than the past.

http://torrentfreak.com/riaa-stops-lawsuit…threats-081219/