Bahnhof Now Facing Net Neutrality Investigation Over Its 'Protest' Blocking Of Elsevier

from the as-predicted dept

Last month we wrote about the Swedish ISP, Bahnhof, and its decision to stage a bit of an online protest by putting up a "block" page for publisher Elsevier and a local court, after Elsevier pushed the court to force Bahnhof to block Sci-Hub over infringement claims. As we noted in our post, many people we know cheered on this kind of "protest," but I wrote that we should not, as it appeared to be a clear net neutrality violation.

I understand why many people celebrated this. Elsevier is a terrible, terrible company that gets free academic labor (often supported by taxpayer dollars) and then locks up the results of their research, takes the copyright, and only allows universities paying subscription fees that run in the 10s of thousands of dollars to get access. And then they whine about piracy? Especially against a site like Sci-Hub whose entire existence is premised on academics being able to better share knowledge? It's not hard to see who's the villain here, and its name starts with an Else and ends in a vier.

And Bahnhof's "protest" felt karmic. Elsevier wants Bahnhof to block access to Sci-Hub? Well, fine, now Bahnhof will throw up a large (temporary, easily clicked through) "block" page on Elsevier's site (and the site of the court reviewing the case).

However, I noted that we shouldn't celebrate this scenario just because we agreed with Bahnhof/Sci-Hub and believed Elsevier deserves to disappear into history. To make the point, we suggested that you change the scenario around, and imagine another ISP, upset that its workers were striking and blocking access to a union website? Because that's happened. Or, let's make it even more direct: there are a bunch of pro-net neutrality protest sites in the US right now. How would we feel if Verizon "took a stand" against those by popping up a page telling you why it disagreed any time you went to visit one of those pages?

Some people said it wasn't a huge deal with Bahnhof, because the "block" was fake, and you could still click through to get to the real website. But, again, think about the Verizon/net neutrality protest page example above. Most people would be rightly furious that Verizon was inserting itself into their browsing decisions in such a manner. The same thing should apply here.

And, so, it shouldn't be a huge surprise that Bahnhof is now facing a net neutrality investigation in Sweden over this stunt:

An announcement by the Swedish Post and Telecom Authority (PTS), which acts as the national watchdog for the electronic communications and postal sectors, reveals that it has launched an investigation into Bahnhof’s actions.

“The Post and Telecom Agency (PTS) is investigating whether the internet service provider Bahnhof has taken measures to influence access to websites,” PTS says.

“A key rule in EU regulations in this area is that all traffic on the Internet should be treated equally by providers of internet connection services. PTS’s task is to monitor and ensure that the provisions on an open internet, also called network neutrality, are complied with.”

Bahnhof, as an ISP, has actually been supportive of net neutrality (frankly, Bahnhof has been a model ISP on many important internet freedom issues). But, this kind of move is exactly what people should worry about happening if there is no net neutrality rules. ISPs are there to provide access to the wider web. And even if we were to agree with the points they're trying to make regarding copyright law, that's no reason to support the ISP stepping in to interfere with the browsing choices of its subscribers.

Filed Under: blocking, copyright, isps, net neutrality, protests, sweden, takedowns
Companies: bahnhof, elsevier

After Being Sued To Block Sci-Hub; Swedish ISP Blocks Court's And Elsevier's Website In Protest

from the but-is-that-a-good-thing dept

Late last week, Torrentfreak had a fascinating story about Bahnhof's response to a court case demanding it block the site Sci-Hub due to demands from Elsevier that Sci-Hub was inducing infringement of academic papers. We've written in the past about Sci-Hub. Rather than an evil piracy site as Elsevier likes to imply, it is a very clever system to allow academics to share and access other academic works. Of course, Elsevier prefers to lock up academic research that it did not pay for, which is a travesty. And it has gone after Sci-Hub in multiple jurisdictions, and is constantly playing a form of Whac-a-Mole as Sci-Hub keeps on moving around (not to mention each attempt at taking it down only seems to add to Sci-Hub's popularity). In this case, Elsevier sought a blocking order in Sweden. The Swedish ISP, Bahnhof, which has spent years pushing back against copyright maximalist extremism, but without much luck.

In giving in to the block demand, however, Bahnhof went a step further. It also put up a "block" for any subscriber visiting Elsevier's sites or the court's sites:

These are not full "blocks" per se. After reading Bahnhof's protest message, you can then apparently click through to the original site.

I posted this on Twitter on Friday and it got a huge response, with many people cheering it on. I think many of them had an initial gut reaction that this was a clever (and somewhat amusing) way to protest what many people feel is an unjust blocking order by turning the tables on those who requested and approved the blocking order. Indeed, that was my instinctual reaction as well. But, I don't think we should be that celebratory about this.

For one thing, this is exactly the kind of thing that many of us warn about concerning a lack of net neutrality laws. In this case, many people support this because they all agree that Elsevier is being ridiculous and censorial here. But... it's not hard to imagine a different situation. How would people feel if an ISP were, say, putting up a similar block page for anyone trying to visit a union webpage of striking telco workers? Because that happened once in Canada. Then... it feels a bit more like a giant company using its market position to silence critics in its workforce. We shouldn't change our views on what is and what is not okay for an ISP to do based solely on whether or not we like who is put out by the decision.

Sweden doesn't currently have net neutrality rules as far as I can tell, though ironically it appears that Bahnhof sells a pro-net neutrality hoodie. But blocking sites -- even to make a good point in the ridiculousness of the site blocking order -- still goes against net neutrality and raises serious questions about whether anyone should want an ISP inspecting the sites that we go to and interjecting its own man in the middle attack to make a political message.

Suddenly... it doesn't look quite as clever in that light. I understand the value of protesting an unjust court ruling, and this certainly feels like just desserts for Elsevier and the court, but we should always see it as problematic when an ISP is getting between us and the sites we want to visit, even if it's for a good cause.

Filed Under: copyright, net neutrality, protest, site blocking, sweden
Companies: bahnhof, elsevier, sci-hub

Confused Swedish Ad Board Says 'Distracted Boyfriend Meme' Is Sexist

from the i-think-you're-missing-the-point dept

It's pretty difficult to have been on the internet over the past year or so and not come across the distracted boyfriend meme. It has been everywhere. And, unlike many other memes, this one's popularity has shown little sign of waning. If somehow you did miss it, uh, welcome back to the internet after a year away? The meme involves a stock photo of what appears to be a guy checking out a girl who just walked by him, while his somewhat unhappy girlfriend looks angrily at him. Then to make it "meme-like" you put captions over all three characters. Here was one of the early ones that kicked off the meme:

There are thousands of other ones, some of which are actually kinda funny.

The reason this is in the news again is that the Swedish ISP Banhof attempted to use the meme in an advertisement on Facebook and Instagram:

A bunch of people complained that the ad was sexist, and reported it to the Swedish Advertising Ombudsman, who recently agreed that the ad was sexist.

"It portrays women as interchangeable objects, and that only their appearance is interesting," wrote the ombudsman, which was unanimous in its decision. It added that there was no link between the services provided by Bahnhof and the objectified image of the women.

"According to the committee, the objectification is reinforced by the fact that women are designated as workplace representatives while the man, as the recipient of the advertisement, is being produced as an individual," the judgment said.

Some of the reviewers involved in the decision also said that the advert presented "degrading" stereotypical views of both women and men. "It gives the impression that men might change female partners in the same way they change jobs. One notifier pointed out that Bahnhof may put off female applicants with the advertisement," the judgment stated.

That feels... like a particularly humorless way to read a meme (it should be noted, FWIW, that the same photographer has a similar stock image with the gender roles reversed).

Also, the meme doesn't seem to be commentary about women being interchangeable objects (if anything, it's about what a jackass the guy is), but especially it's use as an ad here seems to be a lot more about playing off the popularity of the meme, and making Banhof seem hip and on top of what all the internet kids are into these days. Amusingly, Banhof noted this in its own statement -- while mocking its own late-to-the-game use of this meme:

"Everyone who follows the internet and meme culture knows how the meme is used and interpreted. [Whether someone is a] man, woman or neutral gender is often irrelevant in this context. We are an internet company and are conversant in this, as are those who would look for a job with us, so we turned to that target group," the statement continued. "If we should be punished for anything, it's for using an old and tired meme."

It's unclear from the reporting if there's any actual punishment for Banhof, or if it just can't keep using that advertisement (though, given that this has now received a ton of press attention, it probably has given the company a lot more attention). Either way, Sweden's Advertising Ombudsman needs to lighten up a bit and maybe enjoy a meme.

Filed Under: advertising, distracted boyfriend, memes, sexism, sweden
Companies: bahnhof

Thanks To ISP Bahnhof, We Know Just How Crazy Copyright Trolling In Sweden Is Getting

from the out-of-control dept

For some time, Swedish ISP Bahnhof has been sounding the alarm over copyright trolling practices in its home country. While cynics will note that Bahnhof has absolutely made its refusal to hand over customer data a central part of its marketing messaging, the ISP has also made a point to publicly track copyright trolling court cases, threat letters, and pretty much everything else related to copyright trolling in Sweden. And, frankly, it's due pretty much solely to Bahnhof's tracking efforts that we now know just how insanely worse copyright trolling in Sweden has gotten in just the last year or so.

According to Swedish Internet provider Bahnhof, which keeps track of these cases on a dedicated website, records are being broken this year.

“Thousands of Swedes have received threatening letters from law firms which accuse them of illegal downloading. They are asked to pay a sum of money, ranging from a couple of thousand Swedish Kronors up to several thousand, to avoid being brought to justice,” Bahnhof Communicator Carolina Lindahl notes. “During 2018 the extortion business has increased dramatically. The numbers have already exceeded last year’s figures even though four months still remain.”

The over 35,000 individuals targeted totals more than the number of targets in the last two years combined. It also totals more than all of the filesharing cases in the United States and Canada combined. And, in case the point isn't sinking in just yet, that's insane. And, again, while Bahnhof today is using all of this data in its messaging to the public as to why they should be Bahnhof customers, the company's long-term goal is actually to get the government involved to clarify the law and disallow this business practice.

“It’s time to reverse the trend before another 100, 1000 or 10,000 individuals have to join the growing group of victims. The practice of sending extortion letters to internet users solely based on IP-addresses does not meet any requirements of legal certainty and must be stopped,” Bahnhof’s Communicator stresses.

“We want to see a reform of copyright law aimed at promoting artistic creation instead of the commercial interests of the copyright industry.”

It remains to be seen just how high the victim count must go before the Swedish government indeed does its job.

Filed Under: copyright, copyright trolling, shakedowns, sweden
Companies: bahnhof

Bahnhof Continues Its Crusade Against Copyright Trolls, Claims Swedish Copyright Law Divorced From Reality

from the good-guys dept

While it's always great to have ISPs side with their customers rather than capitulate to copyright trolls or the governments that allow them to operate, few go to equal lengths as Swedish ISP Bahnhof. Bahnhof is known for taking all kinds of actions to protect its customers and for fighting back against copyright trolls as viciously as possible. Happily, Sweden's Pirate Party has recently declared its own war on copyright trolls, giving the ISP an ally in the region.

But as the crusade by Bahnhof continues, the person in charge of the ISP's communications has published an open post on the company's site attacking the very heart of the laws that allow copyright trolls to operate in the first place. Here's how Carolina Lindahl sets the stage for what is currently going on in Sweden.

Lindahl notes that the Swedish Government sees a need for strict copyright infringement penalties while keeping the barriers for creators to go to court low because they often have limited resources.

“In copyright litigation […], it is often the author himself who is a party, and usually the author has limited financial resources,” the Government’s code for Penalties for Certain Serious IP violations reads.

When it comes to the low barriers in the Swedish legal system for allowing copyright holders to unmask ISP customers and go after them for settlements, this is the entire justification. And, look, you can understand how this would seem logical to many people. A musician, or author, or indie filmmaker needs to be able to protect him or herself from copyright infringement in a way that is low-barrier in cost and time. It was with those types of content makers in mind that the Swedish government organized its current copyright law.

The problem for that same government is that Lindahl is dedicated enough to have dug into the data to find out if the premise that built these laws actually holds up. It does not. Not even close.

Lindahl sifted through the legal paperwork related to copyright infringement cases filed at the Criminal Court, to see which companies are behind them. The research uncovered 76 cases, the majority of which formed the basis for the tens of thousands of piracy settlement letters that were sent out. Only five of these cases were filed by the creator of the work, Lindahl notes. In other instances, the creators were represented by intermediaries or licensees, such as Copyright Management Services and Crystalis Entertainment. While these companies may have the legal right to pursue these cases, they are not the original creators of the films they sue over.

“The government’s claim – that it is often the author himself who is a party – does not seem to be correct at all,” Lindahl writes.

Lindahl goes on to note that the other premise, that these plaintiffs are authors of limited financial resources, is also untrue. Going through the cases that have led to copyright trolling efforts again, they tend to have been brought by organizations that have millions in revenue. Because of a reality that differs from the government's premise, Lindahl argues that the end result is the extortion of citizens who actually are of limited means.

“The result is an extortion operation that is profitable for already profitable media companies and costly for young people, retirees, and other individuals on the margin, without the capability to tackle sudden costs of thousands of kronor."

Frankly, this is as complete a takedown of the false reasons for allowing copyright trolling to be legal as I've seen to date. The Swedish government has a problem in that it's reasoning for setting this copyright system up is on the record. That reasoning, as Lindahl has shown, is flawed beyond use. So that makes the law rather flawed as well.

Filed Under: copyright, copyright trolls, isps, sweden
Companies: bahnhof

For The Gander: Bahnhof Sends Copyright Troll Spridningskollen A Trademark Violation Settlement Letter

from the turning-the-tables dept

We were just talking about Bahnhof, the Swedish ISP with a reputation for protecting its customers privacy, and its script-flipping battle with a copyright troll called Spridningskollen. At issue is that Bahnhof has for some time operated a website, Spridningskollen.org, and has applied for a trademark registration for it more recently. The copyright troll is new in town, so to speak, and Bahnhoff is relying on common law trademark rights while its application goes through the process, but that isn't keeping the ISP from continuing to give Spridningskollen a taste of its own medicine.

In a move laced with irony, Bahnhof has sent Spridningskollen a settlement letter on the basis of its trademark infringement.

Previously they accused Spridningskollen of trademark infringement and this week they followed up this threat with a more concrete warning. Giving the “trolls” a taste of their own medicine, Bahnhof sent them an invoice for the exact amount they also ask from accused pirates, to settle the alleged trademark infringement.

“You’re infringing our trademark ‘Spridningskollen.’ Bahnhof filed for the trademark on 2016-08-31, with the launch of the website Spridningskollen.org,” the settlement invoice reads.

Now, Spridningskollen will almost certainly not take Bahnhof up on its offer, but that isn't really the point. The point is that a copyright troll that wraps itself in the flag of anti-piracy, but which actually simply looks to bully settlement money out of the public, couldn't be bothered to come up with a name for itself that wasn't already in use and has now been served with the exact sort of settlement letter it itself wants to send to others. It's response to the letter is going to look bad either way. Bowing to its demands will be a public acknowledgement that the "anti-piracy" group violated another group's intellectual property. Not a good look. Fighting back against the letter, as it surely will, casts doubt on the legitimacy of its own threat-settlement letters and provides the public with a role-model example for what to do if they receive such a settlement notice.

It's a checkmate move, in other words. That Bahnhoff is asking for the exact amount that Spridningskollen plans to ask for in its own letters simply layers on a bit of snark to all of this. Which makes Bahnhoff an early favorite for the ISP doing the most to protect its customers from copyright bullies while entertaining the rest of us.

Filed Under: copyright, copyright troll, settlement letter, sweden, trademark, trolling
Companies: bahnhof, spridningskollen

Swedish ISP Bahnhof Deletes All User Records, Stops Retaining Data Following Court Of Justice Ruling

from the take-a-stand dept

Swedish ISP Bahnhof has long been a supporter of keeping its customers' data private. Five years ago, we wrote about its decision to delete user log files to avoid having to rat out users under Sweden's draconian IPRED law (which required ISPs to hand over info on users accused of copyright infringement). However, various data retention laws were put in place to stop that sort of thing two years ago. So, it's not too surprising that, following the ruling this week in the EU Court of Justice that found the EU's data retention directive invalid, the ISP has acted swiftly to delete all user records and to cease collecting and retaining any more information.

After the decision in the European Court of Justice on Tuesday, the internet service provider Bahnhof decided to delete the records and to stop retaining the data with immediate effect.

That said, it may be a bit hasty for Bahnhof to have done this. As many people noted in response to the EU Court of Justice ruling, it was only ruling on the EU directive itself, and didn't directly apply to various laws passed in different countries to comply with that directive. Technically, those laws still apply -- and Swedish Justice Minister Beatrice Ask seems to imply that Bahnhof's decision broke the law.

But the minister is not pleased about Bahnhof's decision to stop all data retention immediately. "Swedish law still applies. It is not the case that you can start applying other conditions straight away. But of course we need to quickly consider what the consequences are so that everybody can get the right information," she said.

Still, it's nice to see Bahnhof, once again, make it clear that it doesn't want to be the custodian of information for law enforcement.

Filed Under: data retention, eu court of justice, privacy, sweden, user logs
Companies: bahnhof

Swedish ISP Starts Deleting Log Files To Protect Users From IPRED Law

from the and-so-it-goes dept

There's been plenty of attention paid to Sweden's new IPRED law, which requires ISPs to hand over identifying information on those accused of file sharing -- but we've already noted that all the law is really doing is driving people to alternatives, such as encryption. And, now, it appears that even ISPs are recognizing that it just makes good business sense to better protect their users. Broadband Reports points out that a Swedish ISP, Bahnhof, has started destroying its own log files, rather than hand them over to authorities. The company's CEO notes that nothing in the law requires ISPs to keep log files -- but only to turn over what info has been retained. It seems likely that Bahnhof may have just convinced a bunch of folks to see if they can sign up for new broadband from the company. Any bets on how long it takes Sweden to pass a new law requiring ISPs to retain data for a certain period of time? Even the CEO admits that's likely -- but notes that it will show this is nothing more than a witch hunt by the entertainment industry:

"And then the legislators will have to step up and say they want to have data storage, not to catch terrorists but to help record companies and the movie industry in the hunt for file sharers."

Filed Under: ipred, log files, sweden
Companies: bahnhof