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Old 29-10-2009, 20:49   #37
TheDon
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Re: Internet "cut off" date set for illegal downloaders

Quote:
Originally Posted by Mr Angry View Post
Again, with all due respect, it is not what he is currently proposing.

The TalkTalk site which you link actually links to the pre September 29th deadline consultation announcement in pdf format and, commenting on the at that time proposals, moots a hypothetical "It proposes an automatic process to disconnect ‘offenders’ which appears to run something like this:"

Post consultation he has removed the judicial requirement and introduced a levy per notification issued which will be payable by the rights holders to the ISP - ergo one might reasonably assume that the rights holders have no requirement to identify infringers but that this will fall to the ISPs. Hence TalkTalk threatening to throw their toys out of the pram.
Please point me to anything other than hearsay that says the monitoring is going to be down to the ISP. There is literally no chance it will be as for an ISP to monitor who is infringing they'd need a complete catalogue of every copyright work going, and it'd have to be constantly maintained. Rights holders have repeatedly refused to provide such a database to many download sites citing it as being impractical, so why would they be able to do it now?

Not even talk talk think it will be, and if there was any hint of it they'd be shouting it from the rooftops like they are with the rest of the proposal. Right from the very start it's been about rights holders notifying ISPs and then ISPs having to carry out the notifications to end users (which is what the rights holders have to pay for, added staff and technology costs to actually deal with the notices). It is up to the rights holders to protect their copyright, not any 3rd party.

But once again, even if the ISPs do end up monitoring (which they wont) then it makes no difference to what I'm saying as they cannot do on the fly decryption of SSL, and unless they mount man in the middle attacks on every secure connection (which would land them in court within seconds) then there's no way they'll know what the traffic actually contains.
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