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4 record companies in bid to compel Eircom to stamp out illegal downloads

13

Comments

  • Closed Accounts Posts: 17,661 ✭✭✭✭Helix


    Slightly different thing you're talking about there. The companies will already have been paid by the broadcaster.

    yeah, but buy instead of download and the artists STILL make their money from gigs and merchandise, not sales

    the only people downloads hurt are labels, whatever they claim


  • Registered Users, Registered Users 2 Posts: 45,643 ✭✭✭✭Mr.Nice Guy


    Slightly different thing you're talking about there. The companies will already have been paid by the broadcaster.

    Point taken but it's still easy access to the public. If I didn't have my favourite TV shows and films shown on TV then I'd be out buying them on DVD. I don't need to though thanks to my TV. Should we therefore restrict TV as well?

    We need more freedom I say.


  • Registered Users, Registered Users 2 Posts: 413 ✭✭ianhobo


    I don't think they have a leg to stand on really.
    P2P programs like uTorrent are perfectly legal and have many legitimate uses, for example i've downloaded linux distros, open source software and game mods via torrents and it's a great system for getting this sort of stuff and bypassing the sometime atrocious traffic on websites.
    Basically, p2p traffic isn't inherently illegal, it just depends on what the user is doing.
    Think of it like owning a car, it's perfectly fine to drive your car down to the local school, but quite another to drive into the school and start doing doughnuts in the middle of the schoolyard during break time.

    I can only imagine that EMI, Sony et al are just chancing their arms hoping to get some kind of bizzare ruling in their favour, but in reality it sounds like some crotchety old men complaining about kids today and their rap music and how it gives them the brain damage......

    While that may be true, i myself download lynux distos through torrents, that doesn't stop some of the biggest telecommunications companies in the world from blocking bit torrent, or other traffic, regardless of whether it contains legal info or not. They don't discriminate, they just block/slow all of it i.e comcast. lots-o-news here


  • Registered Users, Registered Users 2 Posts: 1,048 ✭✭✭BobTheBeat


    This is only the start of it. They might not win outright, as there are a few more laws that need to be amended before this can actually be enforced. But the big corporations will keep chipping away. Just wait until they start introducing packet labelling whereby according to how big a corporation you are / money you pay to the isp's, the more of a priority your traffic becomes at an network level.


  • Closed Accounts Posts: 4,048 ✭✭✭SimpleSam06


    do they actually have a case? how likely are they to win? doesn't really sound plausible to me that they could force eircom to stop downloads.
    They won't win because ISPs have "common carrier" status. This means that for example, if someone uses their connection to view child pornography or snuff movies, they cannot be held legally responsible as a supplier.

    In the case of bitorrent, it has many legitimate uses, in particular downloading new distros for linux and similar OSes, so I'd be surprised if they can make a case for it as a universal pirate tool. The rest of the p2p wares are on their own.


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  • Closed Accounts Posts: 2,736 ✭✭✭tech77


    Mizu_Ger wrote: »
    This is ridiculous. Suing an ISP for illegal downloading is like suing the council everytime there is a car crash (they supply the roads and thus give motorists the means to cause crashes, so they are responsible!).

    Not a bad analogy.


  • Registered Users, Registered Users 2 Posts: 2,604 ✭✭✭xOxSinéadxOx


    surely they don't stand a chance of winning this case? :confused:


  • Registered Users, Registered Users 2 Posts: 9,827 ✭✭✭Charlie


    Having taken numerous copyright modules as part of my masters, there is slim to no chance that this case will succeed.

    There is a recognised defence known as the mere conduit defence. Basically, it holds that companies (isp's) who proved the network infrastructure (i.e broadband connections) will not be held liable for what goes up and down that connection.

    Further to that, digital privacy is a growing issue, and a court would be taking a brave step to allow such filtering to take place.

    In a sense, its a kin to asking Telecom's providers to listen in on phone calls and any time an illegal act is being discussed the line goes mute.

    What I think may result form this is that ISP's include disclaimers in their ads and product pamphlets that the connection is not to be used to infringe copyright, but I can't see this case going any further than that.


  • Closed Accounts Posts: 4,368 ✭✭✭thelordofcheese


    ianhobo wrote: »
    While that may be true, i myself download lynux distos through torrents, that doesn't stop some of the biggest telecommunications companies in the world from blocking bit torrent, or other traffic, regardless of whether it contains legal info or not. They don't discriminate, they just block/slow all of it i.e comcast. lots-o-news here

    By comcasts own admission they only throttle bittorrent uploads at high traffic times. Thats a far cry from 'blocking' bittorrent traffic.

    And to be fair it makes sense, most ISPs do it so as to preserve quality of service for everybody, if you want to see why this is a good thing for everyone look into what the launch of BBC iplayer has done to limitless ISPs in the UK.

    But they're still not actually blocking it, which is what the record companies seem to want.

    The summary by the head of blacknight is probably the best explaination of why this is a very silly thing and won't go anywhere.


  • Registered Users, Registered Users 2 Posts: 413 ✭✭ianhobo


    By comcasts own admission they only throttle bittorrent uploads at high traffic times. Thats a far cry from 'blocking' bittorrent traffic.
    It was a very late, highly pressurised admission......rebutted by their marketing department

    Because throttling is different to blocking? No, throttling is blocking/slowing/preventing specific packets. The fact that even one bit torrent packet is deliberately prevented from crossing their network constitutes blocking of that packet. In grander terms - blocking bit torrents - albeit selectively.


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  • Registered Users, Registered Users 2, Paid Member Posts: 15,028 ✭✭✭✭ednwireland


    i have a load of vinyl and they've all got home taping is killing music on the labels strange how it didnt it might have reduced the record companies profits. its all about protection of trade. i can never understand how itunes has got so popular as stated before (bitrates cost etc) i have never in the last 10 years ripped an mp3 at such a low bit rate you do notice the quality differencethat low. if the companies offered a good product at a reasonable price (ie less than a cd considering you get less information and no physical product) they would have much less of a problem. the industry hasnt moved with the times just tried to maintain their profit margin, i buy a lot more music since i found allofmp3 and other related sites than i ever did before. anyway the technology will outflank the industry again if this gets passed i have no doubt

    "Democracy is the worst form of government, except for all the others" - Winston Churchill

    https://www.ecowitt.net/home/share?authorize=96CT1F



  • Posts: 31,828 ✭✭✭✭ [Deleted User]


    im a student, i dont have the money to pay for it anyway, if i didnt have p2p i would just record from the radio, or borrow and rip cd's. im not going to buy the music anyway so the record industry isnt losing any money from me
    Years ago, I built up quite a collection of cassettes recording off the radio & TV. There is of course a levy charged on the sale of all blank cassettes that assumes that some will be used to copy music. The record companies couldn't outlaw cassettes so this was the best they could to!.

    If they sucessfully kill "illegal downloads" then many will just go back to copying using a cable between the radio (or whatever) & PC and burn their own CD's.

    It won't increase sales as they would like.


  • Closed Accounts Posts: 4,368 ✭✭✭thelordofcheese


    ianhobo wrote: »
    It was a very late, highly pressurised admission......rebutted by their marketing department

    Because throttling is different to blocking? No, throttling is blocking/slowing/preventing specific packets. The fact that even one bit torrent packet is deliberately prevented from crossing their network constitutes blocking of that packet. In grander terms - blocking bit torrents - albeit selectively.

    Yes, i do know what throttling is and how it works, however it's usually done for performance reasons, which makes sense seeing as it's been estimated that bittorrent packets make up somewhere between 18 and 35-ish percent of all internet traffic.

    It's still not the same as whats being asked for here, which is a blanket ban on Torrenting. Also i believe that comcast are being brought before the FCC and have a lawsuit pending over this, which probably doesn't bode well for anyone else trying it.


  • Registered Users, Registered Users 2, Paid Member Posts: 14,651 ✭✭✭✭machiavellianme


    From a Networks point of view, Eircom are currently testing a TDMA PON scheme to bring fiber to the home. A trial in Belarmine yields ~60Mbps up/down load capacity. Not only are Eircom concerned with the speeds achievable, but what the customer is using the product for. Who needs these data rates to check their email?
    Moving on to triple-play with voice, video and data on demand requires heavy bandwidth usage but people are content with the current infrastructure (sky, UPC, DSL telephony) and cannot justify the ~Eur1000 per unit installations for FttH technology. Eircom wont see any profit unless they offer the end user an incentive to buy their product and keep them on board for over 5 years (at current Capital (CAPEX) and Operational (OPEX) Expenditure. Restricting P2P access is not in their best interest. This will be a hard fought one I should think.

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  • Banned (with Prison Access) Posts: 8,483 ✭✭✭miju


    I buy music and download it through a p2p programme. I enjoy having the physical CD etc and by downloading music through a p2p programme I can sift through the ****e bands and buy new qaulity ones :)


  • Registered Users, Registered Users 2 Posts: 5,400 ✭✭✭Maximilian


    Its pretty worrying case really. Where would you then draw the line, if this case were successful? It leads us down a path of censorship & nobody can say where it ends.


  • Banned (with Prison Access) Posts: 8,483 ✭✭✭miju


    in fairness theres nothing eircom can really do. there is no way of them being able to differentiate between you using bandwidth to download an MP3 or say a podcast from an RSS feed.

    this will fall flat on its face. if the record companies put more money and effort into actually embracing downloading fully they'd get somewhere alot quicker


  • Registered Users, Registered Users 2 Posts: 4,971 ✭✭✭Holsten


    miju wrote: »
    in fairness theres nothing eircom can really do. there is no way of them being able to differentiate between you using bandwidth to download an MP3 or say a podcast from an RSS feed.

    Aye, how would they do it? All my downloaded music is gotten from .rar files, are they gonna stop people downloading .rar?

    There is no way to stop it, they should all just realize that.


  • Banned (with Prison Access) Posts: 8,483 ✭✭✭miju


    actually listening to an argument earlier today on radio, apparently there was apporx 20 billion illegal downloads last year and they want to stop every single one of them.

    can you imagine if they had gotten just 5 cent from each MP3?


  • Registered Users, Registered Users 2 Posts: 14,762 ✭✭✭✭Winters


    miju wrote: »
    actually listening to an argument earlier today on radio, apparently there was apporx 20 billion illegal downloads last year and they want to stop every single one of them.

    So, 20 billion illegal downloads? And the population of the country is near enough to 5 million. 20,000,000,000 / 5,000,000. So everyone in the country downloaded 4 thousand songs each? I would be very hard pushed to find 4,000 songs worth downloading these days.
    miju wrote: »
    can you imagine if they had gotten just 5 cent from each MP3?

    Yes. If people could pay proper prices and it was easier for them to do so (download legally) I have no doubt that piracy would become less of a problem. I think a lot of people are fed up with how the money is being distributed (so little actually going back to artists) but also at the way the industry works (My money goes to pay for coke and hookers and big parties for what rapper now?).

    The record industry doesn't seem to realise that more and more people are not prepared to spend a lot of money for an album that has about as much musical talent in it as a shrimp singing backwards while jerking off over a hot grill. I don't want to buy an album that is a 40 minute ear bleeding sensation of someone who has just got their 15 minutes of fame from tv so they can cash in and make a profit.

    I may download some music, a lot of songs and bands I listen through last.fm and other similar sites, however If I find a new artist I like, who have a decent album (And we are talking about a decent album and not 2 good songs and 10 more filler tracks) I will go out and buy it. I think that is also true for a lot of people who like having the actual physical cd with its artwork etc.


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  • Registered Users, Registered Users 2 Posts: 5,400 ✭✭✭Maximilian


    I think the music industry did this to themselves. I mean how much cheaper is it for them cost-wise to sell music as a download, compared with a CD. Yet the price of music on I-tunes is the same if not more (not forgetting with added DRM). A backlash was inevitable.

    I think people would prefer to buy their music legally but at a fair price. I think its probably correct to say that a majority of people who download music illegally would not consider the prices set in most online stores as fair & hence choose to the illegal option.

    Look at how well allofmp3.com did. The key to their success was that the prices were fair in the mind of consumers. The music industry may be just about waking up to the fact that the landscape has changed forever. I think its the Movie/TV industry's turn now.


  • Registered Users, Registered Users 2, Paid Member Posts: 18,077 ✭✭✭✭astrofool


    The last throw of the dice from now irrelevant companies. Look how far this type of action got SCO, at least I can make sure that none of my money ever goes near them, regardless of this cases outcome.


  • Registered Users, Registered Users 2 Posts: 26,073 ✭✭✭✭Terry


    User45701 wrote: »
    Well i dont download music so this does not effect me, ive downloaded a few things in the past but if the music is good i will pay for the soundtrack or to go see the person/band.

    TV shows is another story. There is nothing wrong with downloading them if they are enw episodes because tv shows should be worldwide release, this would solve allot of problems with downloading.

    Another problem is people putting DVD collections online because if you love a show you should pay for it, although the retail mark up in this country is stupid. Things like splitting seasons in 1/2 and making double the proffit. **** that.
    The thing is, American TV companies do allow Americans to download their newest shows free (Fox, CBS et al).
    If RTE were to do the same with shows they buy from other countries, I would gladly sit through the ads.
    Until they do that, I'll still use bittorrent.

    i have a load of vinyl and they've all got home taping is killing music on the labels strange how it didnt it might have reduced the record companies profits. its all about protection of trade. i can never understand how itunes has got so popular as stated before (bitrates cost etc) i have never in the last 10 years ripped an mp3 at such a low bit rate you do notice the quality differencethat low. if the companies offered a good product at a reasonable price (ie less than a cd considering you get less information and no physical product) they would have much less of a problem. the industry hasnt moved with the times just tried to maintain their profit margin, i buy a lot more music since i found allofmp3 and other related sites than i ever did before. anyway the technology will outflank the industry again if this gets passed i have no doubt

    I was in my friends car earlier and there was a cascada Cd in it (his G/F is a complete skanger).
    I looked at it and the price was €20.
    It was just a load of remixes of other songs.
    Charging this for what is essentially a half arsed attempt at making music (let's be honest, you might like the music, but it's just old songs with a bit more synth) is a complete rip off.

    What incentive is there to buy CD's when you can go to Tesco and buy blanks at 20c a pop?

    I'm guilty of stealing music, but ni my defence, I have only ever downloaded stuff I had previously payed for and either lost or the disc was scratched, tape broke etc.
    I'm still missing more than half my formerly extensive collection and will continue to replace it in what is essentially an illegal manner.

    Before the internet was even viable in Ireland, I was forced to buy these albums over and over again.

    The record companies can go anf **** themselves.
    Give the money back to the artst by going to their gigs and buying their merchandise.
    Screw the middle man.


  • Registered Users, Registered Users 2 Posts: 86,683 ✭✭✭✭Overheal


    Terry wrote: »
    The thing is, American TV companies do allow Americans to download their newest shows free (Fox, CBS et al).
    If RTE were to do the same with shows they buy from other countries, I would gladly sit through the ads.
    Until they do that, I'll still use bittorrent.

    You can even get some of it from over here but for the most part only american IPs are allowed to vew the videos. fucckers. At least Jon Stewart loves you.

    If we just ignore the record company long enough they will be dead: their days of owning distribution rights for music are at their end. It was a good run but then even the guy that invented news reels for the theater had to call it a day eventually.


  • Closed Accounts Posts: 662 ✭✭✭JæKæ


    togster wrote: »
    People can't expect to get music for free. Thats bull ****. You also cannot decide what you do and do not pay for just because you deem it from a "proper" artist. Does your employer decide not to pay you some days because you did a **** days work? This whole argument is bull imo. It's stealing whether you like it or not.

    I think it's fair enough.
    I download the music. If it's shiite, I delete it. No harm done. If it wasn't free, it's unlikely I would ever have heard it, as no-one would have recommended a shiite album.
    If it's good I will download more from the artist, and check if they're touring. They will get money from me that way.
    If it's really good, I will also buy the album on vinyl from a cheap US supplier.

    If these Irish record companies pursue these kind of methods, they are making people hate them even more. I will probably never, ever buy an over priced cd from an Irish supplier. Why would I? If I want the cd that bad, I will get it online.


  • Closed Accounts Posts: 8,983 ✭✭✭leninbenjamin


    it's probably been said already, but i'll say it again. all this is is a last desperate throw of the dice from the record companies. they don't understand their markets, they don't understand the products, and the sure as hell don't understand their customers. and while illegal downloads are immoral, how these big label record companies came into existence and gained their power over their market was just as immoral, so frankly i hope they crash and burn in all this.

    and for the naysaysers to the above stance, whatever you do in deciding you mind up over this, don't listen to the stats the record companies produce over loss of sales and earnings. there has been little to none independent research done into the whole area and it's economic impact.


  • Registered Users, Registered Users 2 Posts: 968 ✭✭✭Guru Maith Agut


    IFPI: "I CAN HAS LAWSUIT?!?"

    JUDGE: "You can has lawsuit but you cannot has win". :D

    Great quote I just read:
    Technically it should be easier to sue a gun company before an ISP, yet some whiny assed fat motherfcuking label gets all up in arms that they’re not balls deep in every customer’s ass with exhorbitant profits from selling cookie cutter albums. You know what? If I couldn’t download any media, I definitely wouldn’t buy it either. Better for the artist to be heard instead of spurned because of overpriced material.


  • Registered Users, Registered Users 2 Posts: 968 ✭✭✭Guru Maith Agut


    Well worth checking out this site on foot of the current situation. Not big known bands there but some great tunes and all free.

    http://www.jamendo.com


  • Registered Users, Registered Users 2 Posts: 1,828 ✭✭✭ven0m


    the ONE point that everyone on the planet seems to have missed is that people no longer want to buy albums. iTunes is successful because you could buy the songs off an album you wanted & leave the crap behind.

    If the industry accepted this fact, & also didn't shell out ridiculous money on trying to get short term returns on cabbage patch artists they'd be laughing. They are not making any more artists like the Rolling stones, madonna etc - they don't see long term. even look at the frequency with which artists are expected to turn around new albums now ....... it was not unusual for artists to have 2 or 3 years between records.

    Another factor is - they claim artists are being screwed. We are all now well aware of how little out of an 18 euro album an artist gets. The average pop act now is lucky if they see less than one euro out of that.

    I mean - the entertainment industry is crying foul ..... ask yourself this; why is it young successful artists who are multi-million album sellers (or in heath ledger's case multi million box office/dvd sellers) not as financially well off as you think? Heath Ledger only had 75,000 bucks to his name when he died ......... now it is not as if some fat git in a suit kicking back with a cigar was what sold the movie to fans now was it?????

    A trick the music industry used to placate artists in the early part of this decade was to 'give them their own labels' as part of recompense, which was nothing more than a sham by making them feel more important than they were where everyone was like "I got my own label, signing my own artists etc"; meanwhile the deals were actually costing the artists money, which then in turn went to the parent label who was gaining MORE money from the album distro deals.

    The whole thing is a sham. If is also one of the few industries who's products you can buy, be unhappy with & have NO comeback & NO return .......

    These fat overweight middle aged p***ks who run these companies need to get with the now, & move with the times. it is almost as laughable as that fat git who manages U2 McGuinness turning around & saying that Apple were selling 'music theft boxes'. he wasn't saying that when Apple gave them the ONLY artist branded iPod (which was a record seller in iPod history) with all of U2's music on it with a huge kickback to the band ........

    Besides - artists make more money from touring & personal appearances, or backstage meet & greets than they ever will from their album sales.

    The whole thing stinks to high heaven ..................



    :::: ven0mous ::::


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  • Posts: 6,219 ✭✭✭ [Deleted User]


    Maybe it's a case of well we'll try this stunt with an Irish ISP, it should be a walk over :rolleyes:. You imagine them trying to do this in the US.

    We all know people are downloading free music off the net these days but they can't seriously think this is the only factor as to why sales figures are down, music isn't like it use to be back in the early '90's for a start. I find myself more and more these days listening to music from the '90's as do a lot of my friends, all of which is got from CD's we already own or iTunes.


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