November 12, 2009 3:58 PM PST

Verizon tests sending RIAA copyright notices

by Marguerite Reardon
and
Greg Sandoval
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Customers of Verizon Communications who pirate music files may soon receive an unwelcome letter from the company.

Verizon, the second-largest phone company in the United States, is expected to begin issuing "copyright notices" on behalf of the Recording Industry Association of America to those accused of illegally downloading songs from the Web, according to sources with knowledge of the agreement.

The sources, who asked for anonymity, said Verizon's letter campaign is part of a test, which is expected to begin on Thursday. Jonathan Lamy, an RIAA spokesman, confirmed the existence of the test but declined further comment.

The move is significant for the music industry because among Internet service providers, Verizon has typically been among the most reluctant to intervene in copyright cases on behalf of entertainment companies.

"We recognize the importance of copyright and the need to enforce those copyrights," a Verizon spokesman said in a statement to CNET. "Without that enforcement, intellectual property won't be generated at all. At the same time, it's important for our customers to be assured that they won't have their privacy rights trampled."

The letter the RIAA will send to Verizon, and will likely be forwarded to customers, is similar to those issued in the past by other ISPs, such as AT&T, Comcast, and Cox Communications. The RIAA's letter has typically notified customers that they have been accused of illegally sharing songs and informed them that such activity is illegal.

In the letter, the user is advised to delete the content they distribute. It's important to note that not included in the letter are threats of service termination or interruptions, or any talk of a "graduated response." That's the term the RIAA uses to describe a deterrent program whereby an ISP gradually ratchets up penalties or warnings to suspected file sharers.

Last December, the RIAA announced that it would no longer seek to file new lawsuits against individuals accused of illegal file sharing. Instead, the trade group representing the four largest music labels would try to convince ISPs to adopt a graduated-response program. While some companies, such as Cox, have said they will terminate service for chronic copyright violators, most ISPs have shied away from suggesting service termination.

More importantly, in the 11 months since the RIAA dropped the filing of lawsuits on a widespread basis, not a single ISP has acknowledged a formal agreement with the RIAA.

As for Verizon, it appears that the company is expanding the antipiracy relationships it has with the entertainment sector. In past years, as many of its competitors began to lock arms with entertainment companies, Verizon appeared to hold back. Verizon fought the RIAA when the group went to court to force the ISP to turn over the name of an alleged copyright violator.

Verizon also opposed antipiracy legislation important to the film and music sectors.

Verizon's attitude toward antipiracy seemed to change in 2005, when the company quietly agreed to forward notices to suspected illegal file sharers on behalf of Disney. In exchange, Verizon received the rights to transmit 12 of Disney's TV channels over its broadband network.

Several other ISPs have recently begun forwarding copyright notices on behalf of the film studios, according to the sources who spoke to CNET. It's not yet clear which other ISPs are involved.

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by Lerianis3 November 12, 2009 4:40 PM PST
And the only thing that these notices are going to do is to make people drop their service or get severely pissed off at Verizon.
They are in a 'lose-lose' situation here with this agreement with Disney and having to 'rat' on their customers, even just by sending these letters to them, which personally if I got one I would just ignore.
Reply to this comment
by mwschin November 12, 2009 6:25 PM PST
So you approve of stealing content?
by Sausagebiscuit November 12, 2009 7:10 PM PST
mwschin: no, but I do approve of copyright infringement. Stealing is bad, however.
by unknown unknown November 12, 2009 7:42 PM PST
@ mwschin Alleged. As Sausagebiscuit points out theft/stealing and copyright infringement are different concepts.
by najaboy November 12, 2009 8:31 PM PST
Then again, we can play the game of semantics all day long as an intellectually dishonest rationalization. In the end, however, we are still talking about the unlawful self-appropriation of a good or service, aka theft.
by ThoreauHD November 12, 2009 10:10 PM PST
Copyright infringement of non-physical thoughts has nothing to do with theft. It's tantamount to thought control and goes against natural law. Your DNA for instance is copyrighted- and patented. And you are "illegally" using it. The fact is that the entire copyright scheme is theft. Copyright law was created for physical goods- not thoughts, life forms, or information.

What's wrong here is that you are ignorant of your own history. Natural law and your very existence depends on copying and replicating data- no matter who thinks they own it. In this case, it could be songs people once sung for free. It starts with something this stupid to get in the door with people like you. With all due respect, of course.
by 4wight November 13, 2009 12:11 AM PST
@ThoreauHD

What are you talking about??? You think you're sounding so clever but you're talking a load of drivel. What has anyting you've said got to do with the notion of musicians/writers who produce a saleable product (records/books) that can be pirated or distributed in means other than the ones legally defined by law? All you guff about DNA is so beside the point and shows you haven't got a clue about what is being talked about here.
by markdoiron November 13, 2009 12:46 AM PST
4wight--Sometimes it is stealing content. And that's wrong because, as you point out, the people who create and own content deserve their pay. However, sometimes the content is stolen from people who have every right to use it. Create content with technical measure that prevent copying, and you're also preventing fair use. So, some people may copy content, within the right of fair use. For example, if I write a blog about a movie and want to include a 15-second segment of that movie, I may go to an Internet location to get a non-copy-protected version. That's fair use, and the RIAA and MPAA are effectively stealing that fair use from me. The same thing goes if I buy content that is somehow damaged--if I don't own the content, but I own a license to use it, why should the fact that my two-year old trashed my disk prevent me from continuing to use that content? I may figure that I already paid for it, so I'll just get another "free" copy off the Internet. Or I'll continue to use the copy that I ripped to my hard drive (if the copy-protection didn't prevent that!).

Finally, you, too, display a certain ignorance of copyright law. It was originally intended to give the content creator a license to make money off it for a limited time before it moved into the public domain. In order to encourage the content creator to continue to create, the time was to be very limited--if he wanted to earn more, he had to create more. But, big business' interpretation of copyright is to own it as long as the item can earn money. They have bought congress into passing laws that support this perverted concept. This is not as the founding fathers thought when they wrote copyright law into the Constitution.

--mark d.
by PixP November 13, 2009 3:14 AM PST
@ ThoreauHD Excellent. I don't know how, or when someone decided that they own what you see, hear, or think. Every music note, movie, or idea has been built upon by someones music note, movie, or idea. With that being the case everyone is infringing on someone else. We are all guilty!
by Renegade Knight November 13, 2009 7:03 AM PST
@najaboy

Speaking of "stealing" in order to create copyrighted content copyright law had to steal what used to be fair use and public domain.

That said, copyright infringment is just that. It's not stealing as much as you would like it to be. Laws against theft existed long before copyright was even a concept.

@mwschin
I don't approve of accusations alone determining guilt. There is no trial here, no finding of guilt by a jury or judget. Just more potential for abuse like the DMCA abuses that already go on.
by Renegade Knight November 13, 2009 7:09 AM PST
@najaboy

Speaking of "stealing" in order to create copyrighted content copyright law had to steal what used to be fair use and public domain.

That said, copyright infringment is just that. It's not stealing as much as you would like it to be. Laws against theft existed long before copyright was even a concept.

@mwschin
I don't approve of accusations alone determining guilt. There is no trial here, no finding of guilt by a jury or judget. Just more potential for abuse like the DMCA abuses that already go on.

@PixP

Somewhere a laywer went through their normal day and made a note of when their normal (and thus fair use) would be considered infringment. They racked up quite a list. I wish I had the link.

@4wight
He's not far off the mark. How can a photographer own a copyright of my image? Yet they do. A person can lose the rights to their own DNA because a medal resercher copyrighted it (or patented it not sure whihc in this case). What do you get when a make up artist, a wardrobe professional, a choriographer and a producer conspire to make an dance artist better than what they would have been on a dance they invented? Then snap a photo. Who owns what? It can be a mess. Oh, and some of us do have IP that we never get paid for even thought millions of people use it.
See more comment replies
by pentest November 12, 2009 5:01 PM PST
It makes me glad that I am not a Verizon customer.

My ISP(Qwest- dsl) has a solid record for standing up for the bill of rights and I get faster speeds(and is consistently the same 24/7) than crap companies like Comcast have to offer.

As for Verizon, the only thing they have to lose are customers so I guess that makes sense. ?????????
Reply to this comment
by renGek November 13, 2009 11:55 AM PST
I suspect verizon don't have much of a choice. Its an RIAA lawyer backed mandate. They just don't want to do the dirty work and let verizon take the heat. Kind of like CEOs will never fired someone and just let HR do it.
by pentest November 13, 2009 4:55 PM PST
They do have a choice! They could have told Verizon to take a flying leap.

Do RIAA lawyers write and enforce the law now?
by pentest November 14, 2009 11:13 AM PST
whoops meant to type: They could have told the RIAA to take a flying leap.
by sharmajunior November 12, 2009 5:10 PM PST
It's soon gonna happen to every ISP. Its sad to see these companies in a lose-lose situation. [ Ok, I couldn't say that with a straight face] smirk smirk.
Reply to this comment
by Renegade Knight November 13, 2009 7:10 AM PST
All they have to do is stick to their guns. Sell pipes and not "content" leave content to their customers. Their meddling though costs them customers.
by katiepea November 12, 2009 6:01 PM PST
verizon is working on their thesis: "How to Lose Customers and Get Sued"
Reply to this comment
by Sausagebiscuit November 12, 2009 7:15 PM PST
There's a warning letter for that!
by Renegade Knight November 13, 2009 9:34 AM PST
@Sausagebiscuit

Nice.
by GreeneD-R November 12, 2009 6:21 PM PST
this is what happens when you elect people who are in the pocket of the RIAA you got your change people. the RiAA is funding a lot people in local and in DC government and our right get taken. Verizon will lose so many they will find it very hard to have anyone trust them CommieCast been ease dropping on people before the RIAA and doing BS with there account .small ISP will give in as they don't want o be sued and the over all effect will push the cost of the internet out of the reach of normal people again and so ends the internet boom of the last few years.
If the RIAA isn't stopped soon we will see ISP close to not get sued or to give up people info and all that e ill have it the big companies and you won't be able to download anything but from sites you pay thought the nose from.

Freedom isn't free it won with the act of those willing to fight to the end.

GDR
Reply to this comment
by mwschin November 12, 2009 6:26 PM PST
SInce when is stealing content part of 'freedom'?
by bananaphonerules November 12, 2009 7:03 PM PST
@mwschin
Don't they need to be charged before being labelled guilty?
So you believe the record studios blindly?
by Sausagebiscuit November 12, 2009 7:11 PM PST
mwschin: Probably around the time the internet was becoming mainstream. One thing you might want to correct in your future trolling: stealing != copyright infringement. Have a grand day!
by najaboy November 12, 2009 8:40 PM PST
@ Sausagebiscuit
Weak rationalization. of theft. Very weak. As I stated elsewhere, you can play semantics all you want, but at the end of the day, we're still talking about the unlawful self-appropriations of goods or services. Rather than walking into a store and stuffing a cd into one's coat, it's just being done digitally.
by Sausagebiscuit November 13, 2009 4:49 AM PST
najaboy: Actually, there is a big difference. One is a criminal act, the other is civil as far as the subject matter goes.

"Except, of course, there's a huge difference there. If someone steals a DVD it's no longer there for someone else to buy. If someone who never would have purchased the movie views it online there's no loss." -- http://www.techdirt.com/articles/20091103/0434486780.shtml
by Renegade Knight November 13, 2009 7:13 AM PST
@mwschin

Since before it was considered content to be stolen. There was a world without copyright. Then copyright stole what used to be normal freedom and created a new crime of infringment to punish what before was ok. Of course I'm using stolen in the sence you are. Infringment is the right word.
by Renegade Knight November 13, 2009 7:18 AM PST
@mwschin

Since before it was considered content to be stolen. There was a world without copyright. Then copyright stole what used to be normal freedom and created a new crime of infringment to punish what before was ok. Of course I'm using stolen in the sence you are. Infringment is the right word.

@najaboy
The right word for the job is the right word to use. That's infringment. There is no theft. By way of example. Joe Pirate copies 1 CD and sell it on the black market. That's infringment. Joe Wedding Dude makes a mix CD for use at his wedding by copying some songs from his collection. That's fair use. Both made copies. Neither one stole, but one infringed and one didn't.

Now if Joe Pirate and Joe Wedding Dude both stole their CD from the CD Warehouse, that's theft. Infringment and theft have different rules that apply to them.

Now if you want to play word games, that's your choice but the rest of us are in the real world slogging this stuff out.
by pentest November 13, 2009 7:42 AM PST
If someone downloads a song what is stolen?

You RIAA shills need new talking points.
by GreeneD-R November 12, 2009 6:21 PM PST
this is what happens when you elect people who are in the pocket of the RIAA you got your change people. the RiAA is funding a lot people in local and in DC government and our right get taken. Verizon will lose so many they will find it very hard to have anyone trust them CommieCast been ease dropping on people before the RIAA and doing BS with there account .small ISP will give in as they don't want o be sued and the over all effect will push the cost of the internet out of the reach of normal people again and so ends the internet boom of the last few years.
If the RIAA isn't stopped soon we will see ISP close to not get sued or to give up people info and all that e ill have it the big companies and you won't be able to download anything but from sites you pay thought the nose from.

Freedom isn't free it won with the act of those willing to fight to the end.

GDR
Reply to this comment
by tektaktyks November 12, 2009 6:52 PM PST
looks like verizon may be losing some customers ...
Reply to this comment
by Sausagebiscuit November 12, 2009 7:14 PM PST
I'd wager the smarter of the bunch will just move operation undergroud. VPN, nntps, etc. Others might change ISPs, but its easier to just ignore the letter and keep on what you are doing and toss the waste of earth into the trashcan.
by Sausagebiscuit November 12, 2009 7:06 PM PST
LOL. A friend got one MONTHS ago. He asked me what to do. I advised him to shy away from high profile torrents and consider an alternative (nntps) and/or a quality VPN subscription (ipredator beta is out, got an invite today). Come on guys, lets force this crap underground already so it stops becoming news and we can get on with our lives.
Reply to this comment
by JeffDS3 November 12, 2009 7:06 PM PST
So you guys are getting pissy that Verizon is passing a letter that is being sent to them to you? Nowhere does it say that Verizon is sending the RIAA your info. The RIAA is through some means detecting (whether rightly or wrongly) that someone using your IP address may be downloading content illegally and is telling Verizon that "Hey here is what we found, now you need to do something about it". Now if Verizon where to cough up your info without a fight then I would be pissed but right now it is just one company telling another when they notice something wrong.
Reply to this comment
by Sausagebiscuit November 12, 2009 7:12 PM PST
I'm mad because it is a waste of paper, trees, time, money, greenhouse gasses, etc. These letters are like those AOL disks/cds. Don't even open them, direct to the trash can.
by Renegade Knight November 13, 2009 7:23 AM PST
The RIAA has no means to do this other than snooping on all IP including your own copyrighted IP to sniff out what cold potentially be infringing material that could also be fair use.

If the RIAA has no permission to view, sniff, or otherwise use your content (by their own rules) without paying for it they are in violation of the copyright laws as they see them and therfore to even issue a letter is an acknoldgment of their guilt in infringing copyright.

Just for the record the RIAA is hereby NOT allowed to look at my data streams (a deravative work) and especailly my IP contained therein without paying me for the use.
by Sausagebiscuit November 12, 2009 7:19 PM PST
"Verizon Communications customers who pirate music files may soon receive an unwelcome letter from the company."

Sounds like spam. I guess I'll have to do the same thing I do with spam: move it to the garbage can without opening it.
Reply to this comment
by eric.l November 12, 2009 7:35 PM PST
"We recognize the importance of copyright and the need to enforce those copyrights," a Verizon spokesman said in a statement to CNET.

I'm am going to call ******** on the above. The only reason that Verizon is getting involved is that the possible RIAA infringers are the same people that are using the most bandwidth. Make no mistake it's all about network bandwidth.
Reply to this comment
by unknown unknown November 12, 2009 8:14 PM PST
"We recognize the importance of copyright and the need to enforce those copyrights,"

When did congress make Verizon part of the court system or a law enforcement organization.

"Without that enforcement, intellectual property won't be generated at all."

Given the number of people creating works eligible for some form of IP protection, not all of them driven by profit, I highly doubt all IP creation would cease. That said I wouldn't mind if the big 4 record labels stopped if only to be spared the garbage that makes top 40 and gets played every where, as if repetition will magically transform it from crap to something approaching music, but I digress.
Reply to this comment
by nobodyasked November 12, 2009 8:52 PM PST
droid will be getting all the publicity it needs. will the lines be full of people buying or returning.

the ira is relentless. excuse the error. i meant the riaa.
Reply to this comment
by montex66 November 12, 2009 10:16 PM PST
First they double the cancellation fee from $175 to $350 and now Verizon is the RIAA's attack dog? My iPhone on the ATnT network has never looked better. Thanks Steve, for not going with these asshats!
Reply to this comment
by Sausagebiscuit November 13, 2009 4:51 AM PST
Just hoep VZW can't get away with the ETF fee hike. AT&T isn't any better. If they see Verizon can do it, they will follow suit.
by darkpoet25 November 14, 2009 11:03 AM PST
Yeah it reminds me of the time that Verizon was giving personal information to the Government. They were letting Homeland Security have access to people's cell phone numbers they suspected of being terrorists. No way will ever be a Verizon customer.
by man_in_la2000 November 12, 2009 11:15 PM PST
well i only have cell phone service with verizon, time to switch to iPhone
Reply to this comment
by Sausagebiscuit November 13, 2009 4:52 AM PST
Go ahead. Switch to a company that is lawsuit happy. Also be sure to read those terms on your new iPhone contract. You won't be able to sue AT&T should you have any issues. Yeah, they added that clause a few months back. AT&T is just as lame as Verzion in these areas. Just have to try and find the less evil of them and pretend to be happy.
by nb2000nb November 15, 2009 10:37 PM PST
There's a map for that
by zincmann November 13, 2009 6:08 AM PST
Here we go again with these letters etc etc. Its OBVIOUS the RIAA and the music industry has bought off Verizon or, Verizon wouldn't just do this if it wasn't something they are known for doing, some money changed hands.
Reply to this comment
by G2001 November 16, 2009 7:50 AM PST
Verizon needs content. The RIAA/MPAA probably threatened them since they have gotten into the FIOS business and have made a huge impact against Comcast and the like.

Also, as someone else had mentioned, bandwidth will become an issue down the road, as they gain more users.

Maybe Google will be different than the rest. Yup, monitor all our information, but won't hold back AND won't infringe on our privacy. Just monitor our usage and provide general information to those who will pay for it.
by strongpimphand November 13, 2009 6:19 AM PST
Its hilarious reading you people justify stealing....

I'll be glad to download the work you created and then of course burn it and even sell it.
Reply to this comment
by Renegade Knight November 13, 2009 7:27 AM PST
"Its hilarious reading you people justify stealing....
I'll be glad to download the work you created and then of course burn it and even sell it. "

I quoted you without your permission. Did I steal. According to you. Yes. According to how forums and such work. No it's fair use. At worst I infringed on your IP (which you signed away with the terms of service on this site) at best, and the accurate thing here, it's fair use.

Neither was actually stealing amazingly your orginal words are right were you left them. It would really help if you understood the concept of copyright and theft before you split hairs on the naunces.
by facerw November 13, 2009 6:22 AM PST
Why do you think I ended the OpenNap application after eight years or so. The RIAA is getting too involved in the internet.
Reply to this comment
by bvdon November 13, 2009 6:27 AM PST
I happen to own over 3,000 albums. Now, if I happen to download something I already own on CD am I stealing? Well, according to the RIAA I am.

I don't like this big brother B.S. and I am PAYING for a service (ISP) to connect me to the Internet -- NOT MONITOR WHAT I DO. Stay out of my face or I will go somewhere else.
Reply to this comment
by mmntech November 13, 2009 6:31 AM PST
Well at least they're sending cease and desist letters now. It does bring up a lot of privacy issues though. Piracy has proven impossible to stop, though it's hardly bringing the industry down to its knees. The biggest mistake RIAA made was not making a legal way to download music when the first MP3 players came out. In fact I seem to remember them suing the manufacturers of the first MP3 players to try and stop them. The writing was one the wall even before the iPod came out. They missed a major business opportunity, instead choosing rampant litigation. MP3 players exploded in popularity, Napster beat them to the punch, and the rest is history.

The lawsuits are only serving to clog courts and harass individuals. Filesharing may be illegal but so are a lot of the industry's tactics. Invasion of privacy, extortion, unreasonable fines... It's not as if they've never stolen IPs either. Two wrongs don't make a right. The problem is that they've become so powerful (arguably one of the most powerful corporate bodies in the US), that this often gets ignored.

All the industry can do realistically is absorb the cost of piracy and work on their marketing and PR. Take the high road for once. Start fostering genuine talent (not over-processed covers of 70s pop songs! ... but I digress), and embrace the internet instead of fighting it every step of the way.
Reply to this comment
by Renegade Knight November 13, 2009 9:37 AM PST
Excellent comment. Some of us in the trenches aren't ignoring the RIAA's abuses. Alas they have the power and we only have numbers...
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