upon suspicion .. Verizon to Police Web Customers To Protect Disney From Piracy -- a response from Dan Bricklin

[David Farber <dave () farber net>]

Begin forwarded message:

From: Tim Onosko <onosko () gmail com>
Date: September 25, 2005 9:51:53 AM EDT
To: dave () farber net
Subject: Re: [IP] Verizon to Police Web Customers To Protect Disney  
From Piracy -- a response from Dan Bricklin
Reply-To: tim () onosko com


Here is the actual text from Verizon's press release about their  
agreement with Disney.  I don't know how much clearer this can be.

"Under the agreement, Verizon would forward and track notices to its  
subscribers allegedly engaged in the unauthorized distribution of  
Disney' s copyrighted works, without identifying the subscribers to  
Disney, and either provide subscriber identifying information  
pursuant to lawfully served subpoenas or terminate Verizon Internet  
service provided to subscribers who have infringed Disney copyrights  
and received multiple notices."

http://www.prnewswire.com/cgi-bin/stories.pl?ACCT=104&STORY=/www/ 
story/09-21-2005/0004112313&EDATE=

I think this makes it quite clear that Verizon will actively police  
its traffic for copyright violations, through whatever means it has,  
on Disney's behalf.  And that, regardless of its past policy of  
resisting attempts to obtain subscriber information and identities  
via subpoena, this agreement changes that.

This paragraph, as I read it,  also says Verizon may terminate your  
service based on suspicion or allegation that you have infringed upon  
Disney's copyrights, not actual proof as determined by a third party  
such as a court of law.  (How do you get your "member in good  
standing back, or your service restored?)  Moreover, if Verizon does  
not monitor this traffic or continues to resist such subpoenas, it  
will not be in compliance with this agreement, and may lose the right  
to carry Disney's content on its fiber cable systems.

I don't know how anyone can read this sideways, or think that this  
agreement is insignificant.  In my opinion, it is quite significant  
and may stand a chance of becoming boilerplate in future agreements  
between carriers and content providers.

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