Forced MPAA Filter On IsoHunt Means Legitimate Content Is Being Censored
from the not-cool dept
One of the more bizarre rulings in copyright/file sharing cases was the district court ruling in the IsoHunt search engine case a couple years ago. It's still involved in the appeals process, but the district court is one of the only courts so far to broadly interpret the DMCA's "red flags" rule to mean that general knowledge means you have to block access. The ruling ended up being that IsoHunt basically had to accept a keyword filter from the MPAA and block all access to anything that matched the keywords. As you can imagine, that's leading to significant overblocking of legitimate content.TorrentFreak has the unfortunate story of filmmaker Brian Taylor, who released a short horror film called "the Bite" via his En Queue Film production studio, and decided to distribute it via isoHunt. However, that's when things went bad:
"I got it going, had downloads start from the US and Europe almost immediately, which made me a very happy guy," Taylor told TorrentFreak.
However, this enthusiasm faded quickly when he tried to access the torrent from a US connection a day later. Instead of a link to the torrent file the filmmaker was welcomed with the following message. “Torrent has been censored, as required by US court.”
They also note that a torrent of public domain music has been blocked by the MPAA (even though the MPAA's filter is about movies, not music). Of course, this is what happens when you force overblocking and the use of technologically stupid filtering methods like keywords. What's amazing is that a court made this same mistake a decade ago with Napster (forcing keyword blocking) and it didn't work then, and doesn't work now. It's amazing that judges who clearly are technologically illiterate find it reasonable to make rules up out of thin air like this one, that not only does little to block any actual infringement, but does plenty to block legitimate uses of tools.
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Filed Under: brian taylor, censorship, dmca, filtering, mpaa
Companies: isohunt
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Real effective logic there.
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Having done tech work for lawyers I know how clueless they can be, its not a intelligence problem its a generation gap. Sure after some time your can get anyone's grandma using a gmail account, but do they really understand what works and how it works? Not usually. It is the same thing with these judges, who have never searched for a torrent, or used iso hunt or downloaded much of anything. They just don't understand how these things work and the best ways to go about fixing them. So they implement something laughably stupid to anyone who has a good deal of tech experience, like keyword filtering on a search engine.
My Titanic Failure - a independent CC movie about a judge who makes stupid decsions gets blocked from isohunt
T1tanic
Tit@nic
t i t a n i c
titan ic - All illegal torrents of James Cameron's Titanic all easily available on isohunt.
But no youre right they are judges so this is a genius system.
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Real effective logic there.
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This MPAA and RIAA activity might even be chargable for raketeering if you could ever get the government to look at this seriously or understand that small businesses are being harmed.
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Re: Too?Fit?
(Also, "raketeering?" Wouldn't that mean "engaged in raking"?)
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And the Source of the Problem is both the Democrats and the Republicans.
They both need to appease their MPAA/RIAA Masters.
If not they will miss their millions in blood money.
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*Royalties not guaranteed. There may be a team of lawyers working on ways to refuse to pay out. See fine print for details.
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As for your other suggestions, I don't think those would work, especially when someone is wanting to get mass exposure. Personal hosting is great when you already have a following, or when you have tons of money to make a large following. Using existing services that have large numbers of users is far better for independent artists to get the mass following necessary to make such self hosting worthwhile.
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http://supreme.justia.com/cases/federal/us/464/417/
Whatever the future percentage of legal versus illegal home-use recording might be, an injunction which seeks to deprive the public of the very tool or article of commerce capable of some noninfringing use would be an extremely harsh remedy, as well as one unprecedented in copyright law.
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The remaining 22% is unauthorized distribution of copyrighted material.
I made that number up, just like the losses were made up by the MPAA/RIAA/IFPI/etc.. and you have no proof or means to prove counter to my claims (unlike the data the discredits the MPAA/RIAA/IFPI/etc.. data).
Everyone should be able to use the technology available, via physical stores or bitTorrent or whatever they choose. That's called fair access to distribution means. And such fair access does not exist because the MPAA/RIAA/IFPI/etc.. fear competition (they know most of what they release could not stand up against several independent works).
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Actually you didn't make it up "just like" they do. Your numbers actually add up to 100%. If they would have made up the numbers it would be more like...
130%/-2%
Mathematics isn't their strong suit remember?
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Others I don't care.
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Really? Isohunt get a million unique visitors a day. That's damn good for the price.
And the underlying point is still there:
Torrents are a completely legal and reasonable way to distribute a work you own the rights to. The MPAA filter is blocking legitimate content they have no rights to. Bottom line.
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You are the one making suggestions that don't meet 1 or more of the following criteria:
1) Allow for a direct download.
2) Provides a high enough bandwidth for mass distribution
3) Have wide exposure
Torrents and IsoHunt meet all those requirements.
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DERP whhhaaaa?
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Lets just agree that youtube is not a viable alternative to torrents.
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I think you're confusing "hits" with "users".
I know I check on Youtube like 80 times a day.
That's 80 different hits from 1 person.
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Re: Re: Quick Fast & Easy
If you have ludicrous requirements like "fast" "easy" "free" "lots of people" then of course you land on torrents!
Don't you get it? If the gatekeepers die out, we'll have no gates! We already have no Jobs (Steve Jobs 1955-2011), no Cash (Johnny Cash 1932-2003), and no Hope (Bob Hope 1903-2003) and you want Bill Gates dead!!??!! What's wrong with you?!
/troll
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And, I don't see how YouTube, Vimeo, or any other video sharing site is any better than a file sharing site. In case you've never been on YouTube bogus take down notices abound aplenty...
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Bogus takedowns is a problem, youtube receives a million takedowns per year, not like "OMG half of youtube is censored by bogus takedowns!" but enough to be a big concern.
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sorry but
Vimeo isnt ideal, most people I talk to have no clue what Vimeo is or cant watch videos there due to buffering issues.
DailyMotion isnt ideal for similar reasons, Also your forced to use formats approved by said services, much like youtube where the quality tends to be questionable after encoding to youtube formats...
really these days, torrent based hosting makes alot more sense if you want to share quality content, streaming sites force you to compromise on quality, also streaming content dosnt work to well if somebody wants to watch it offline like many people I know do when travling.
also note that I am quite sure that the MPAA and RIAA view these sites as just a shade less rogue then megaupload.
just like mediafire is now a target of the MPAA these sites that could be used for infringement are all evil according to the mpaa/riaa, because they dont give the riaa/mpaa the majority of their income.
I have seen every major video hosting service/site listed at one time or another as "rogue", no reasonable service is free from these accusations, and if one shows up, it will be accused...its a given....
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You then point to free web hosts. I guess you missed the part about being FAST. On a free web host you are going to be sharing a server with who knows how many other web pages. If you get 10-20 people downloading an HD video from your site while others are on the other pages on the server then it is going to be a crawl. Not to mention the fact the host will promptly throttle you or just kick you off.
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I work as a software engineer for a business software company.
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I'm pretty sure that covers it, shill.
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So you admit that the filtering doesn't work then.
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Then I take it you don't have a level 85 Draenei paladin?
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I don't do any of the things you listed either, but I still use torrents. It's that simple.
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Gameupdates.org features a few thousand torrents specifically tailored towards the gaming community, but we’re not just talking patches and demo relases: The site also offers access to a few hundred trailers, previews and in some cases even full-featured films promoting games like Grand Theft Auto IV, Guild Wars 2 and Star Wars: The Old Republic.
Public Domain Torrents is a slightly older site with the occasional database error, but that only seems to be fitting for the subject matter. The site features hundreds of torrents for movies with expired copyright. In other words: Pretty old stuff. Or classics, depending on your point of view.
Legit Torrents is aggregating legally available torrents from various sources, with the content including the NIN concert DVD Another Version of the Truth and the Michael Moore film Slacker Uprising.
Limecast is a podcast directory operated by the makers of Limewire. Users can opt to stream or download clips right within their browser, or access torrent files for episodes of popular podcasts like GeekBrief.TV, Diggnation or the Ricky Gervais Podcast. Not all the feeds seem to be up to date, but the site is still pretty neat.
Mininova is still serving access to close to 10,000 legitimate torrents, including HD space mission footage from NASA, documentaries from public broadcasters and user-generated animation shorts. Mininova still clocks about 300,000 downloads per day.
Blizzard games studio, makers of World of Warcraft, use torrents to distribute all their content. From new installs to patches.
Most of that was pulled from: http://gigaom.com/video/ten-more-sites-for-free-and-legal-torrents/
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If mininova only has 10,000 legitimate files still up and gets 300k downloads a day that would mean in 3 days it would be well under the 10-1 ratio.
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The Humble Bundle allows for torrent downloading of all games purchased through it.
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anyway I was trying to say "I love the Humble Bundle, got a lot of great games from that"
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I have downloaded and watched the first couple of the Pioneer One episodes.
I also plan on checking out some of the artists who pop up on The Promo Bay just to support them.
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It must also be why awhile back I got to preview Windows 8. Released through a torrent.
I guess that's the same reason quite a few BIG game companies release updates and patches through torrents.
Hmm. I know of quite a few bands, software companies, etc that do nothing but release stuff using torrents. Why? Because IT IS LEGAL. It eases the burden of hosting the data themselves, while allowing for maximum upload/download rate (which the users handle) and so on and so forth.
Oh, and I forgot to mention, there are a plethora of albums, shows and movies also being distributed freely and legally through torrents. Vodo anyone?
Yes, but we'll take the word of some Anonymous Coward who claims to be a software programmer on the legality and usefulness of torrents and torrent sites. He's obviously quite educated and knowledgeable. /s
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Really its a easy way for them to spread out the 10+ million downloads of a 500mb file in a 24 hour period when they patch WOW. They don't have to worry about mirror links, region based web addresses or one server buckling under the pressure of the requests, they just use available resources from their pre-existing network more than they use real peer-to-peer distribution.
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Want a cookie?
I have been using torrents for a while for perfectly legitimate reasons. Just because YOU don't use it doesn't mean the rest of us shouldn't.
I mean hell, you dont use your brain either. Err!
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Then you are a fool to ignore the cheapest distribution method available.
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There fixed it for you.
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You sound incredibly out of touch with technology, especially when you equate the innovation of torrent distribution with only piracy.
Plenty of legitimate uses have been found for distribution via torrent, in fact the movie titled "The Tunnel" found success being trnasferred via torrent (http://www.thetunnelmovie.net/).
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Yeah. And don't record Little Susie's birthday party on a VCR tape either.
Those things are great tidal waves of Boston Stranglers that will make the film industry bleed and hemorrhage forever.
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It was argued that the VCR would kill TV because it allowed people to commit piracy, and they should be allowed to effectively ban it. It's only use as far as they were concerned was piracy. Courts ruled that time shifting was fair use, and entertainment companies made lots of money from home video regardless.
So before you claim people should move on to services that aren't pirate havens, you might want to provide the name of a service that:
a) Isn't some sort of haven to piracy
b) Is still useful to artists wanting to distribute their work for free (to them) and free of charge (to their fans)
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Lol. Not random words. A paraphrasing of Jack Valenti's words concerning the VCR and how it would destroy the film industry in the early 80's. Kind of like today, with the MPAA and all these so called "sites that are dominated by piracy".
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Moral of the story, don't attempt to communicate in English because some people use English to swindle others out of money.
Moral of the story, don't use kitchen knives to chop vegetables because some people have stabbed others with kitchen knives.
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the dominate use of the English language is to to swindle, not communicate.
FTFY
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The dominaNT ( note the correction ) of all language is, in fact, to obfuscate. Communication has always been secondary to deception. Examine any carefully worded contract or legal document. The wordings are used to hide true intent and leave room for loopholes. Heck even the Bible ( if you believe in 'magic books' ) states ....
7 " Go to, let us go down, and there confound their language, that they may not understand one another's speech."
which would indicate the creation of different languages was meant to create confusion.
Language was always primarily a means of deception and confusion.
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ASSuming thats all you believe a knife can do.
http://www.acetoolonline.com/Klein-Special-Purpose-Knives-s/7874.htm
http://www.service.klei ntools.com/Tool/PRD/Category/Special-Purpose%20Knives%20KNIVES-SPECIAL%20PU
https://en.wikipedia.or g/wiki/M9_bayonet
Knives serve many purposes, and I will even go as far as to say the dominate use of knives is not to cut food.
"Not even close, the dominate use of the English language is to communicate, not to swindle."
So f'in stupid I will just leave it at that.
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According to greetards like yourself, there are no legitimate services.
Every one that pops up gets attacked for... OMG a user may have uploaded something they did not have authority to do so. EEEEkkk! Off with their heads.
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The "report" button should be used for people who are making OFFENSIVE comments not for people with opinions that differ from yours. Censorship of opposing opinions is worse than collatoral damage from takedown notices.
Now instead of having discussions you can all just use thumbs up to say what a great job Mike is doing and you can pat each other on the back. That makes this site even less useful than it already was.
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LoL
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Here's what we've learned from the drug war... "You, and everything about your incomprehensible hippy lifestyle are now criminals. it doesn't matter how we screw up your lives, because all of you dirty pirates are breaking the law. You aren't consumers, or voters, or citizens. you're defendants in waiting, in need of being run to ground." If we don't have a law that fits you're crime, we'll make some shit up. Or we'll charge your wife with conspiracy (kim dotcom's learning all about this one).
Get used to it. pirate is the new dopefiend. (and anyone not toeing the line is a pirate. or a terrorist. whatever.)
Welcome to being the new enemy in "the war on".
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There was a filter?
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Punishment
There needs to be legal recourse for when "mistakes" are made. Both the Judge and the company should be held responsible.
We need punishments that scale so three "mistakes" within a year will bankrupt any company, no matter how large.
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Of course these don't need to be actual "mistakes". They just have to be accused 6 times and then without warning cut their net.
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Bitches don't know how use the internet.
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Appeal
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ISO Hunt is the one choosing what is and is not blocked. They can go a better job, but are appearing to choose not to.
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What? The MPAA provided the list of keywords, per the courts instructions. How exactly is IsoHunt choosing anything? They block stuff that matches the keyword list.
It even says that in the article above:
"The ruling ended up being that IsoHunt basically had to accept a keyword filter from the MPAA and block all access to anything that matched the keywords."
If I was to create a documentary titled "The Last Hours of the Titanic" and I put it out a torrent of it, IsoHunt would have to block it in the US because of the word Titanic.
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Or
The Last Hours of the White Star ocean liner that sank after being struck by an iceberg, April 15, 1912.
And then the MPAA will update their list to include "white, start, ocean, liner, sank, iceberg, April, 2012"
LOL
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Ok. Let me explain this s-l-o-w-l-y for you.
A keyword filter consists of a list of words. If the keyword appears in the name of the torrent (and maybe in the description - not sure about that part) IsoHunt has to block that torrent for US users. They have no choice at all. A keyword filter is, by it's nature, very literal. That's kind of the whole point of this article - that keyword filters for infringing content are not very efficient and will always block some legitimate content.
And that is not even taking into account that content is considered infringing by how it is or has been used, not just because it exists.
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Seems like they did it to themselves, and now are administrating the filter in the most literal and poorest way possible.
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And what exactly would "clearly infringing material" be?
You understand that the internet is global, right? If a user in a country where file sharing is legal for personal use is sharing a with someone else in their own country then no infringement has occurred. Without knowing how the file is being used and by whom, you can't just say it is a infringing file.
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Also, you act like they have a choice in how they administer the filter. Its a court order to block the words given to them, they don't get to choose how to follow it. Its a fucking court order.
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good junk
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death of homebrew
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All it would take is one lawsuit for damages to go through. That would set a precedent which would end the matter completely.
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It's abominable that the American People are standing for this usurpation of their lexicon.
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