唱片公司控告網路供應商RCN是大規模盜版幫兇

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  • 作者: 音樂地圖
  • 唱片公司控告網路供應商RCN是大規模盜版幫兇

      201909/2601:51

    ◎包括Sony、Universal、Warner Bros在內的一些主要唱片公司,控告網路供應商RCN未能對盜版用戶採取行動。唱片公司表示,ISP業者故意對客戶盜版行為視而不見,還因他們的盜版獲利。
    ◎大約二十年來,版權所有者一直向ISP發送刪除通知,提醒他們用戶正在共享受版權保護的材料。根據美國法律,提供者必須在適當的情況下,終止重複侵權者的帳戶。主要音樂產業公司控訴以RCN品牌營運的幾家網路提供商,指稱故意讓其客戶大量在線侵犯錄音版權,是侵權的避風港。唱片公司控訴RCN為其用戶提供了一個功能齊全的系統,允許他們使用BitTorrent網絡大規模侵犯版權;對於希望以更快的速度盜版更多和更大文件的用戶,RCN要求他們支付更高的費用,盜版用戶所需的頻寬越大,RCN收到的錢越多。
    ◎唱片公司透過反盜版追踪公司Rightscorp的數據支持他們的索賠,該公司之前向RCN發送超過500萬份侵權通知。投訴指出,儘管知道這些侵犯版權的活動,RCN並沒有採取任何阻止措施。根據Rightscorp的數據,36,773名訂戶多次從事盜版行為,其中數百人被標記超過1000次。

    詳細內文:

    A group of major music companies including Sony, Universal, and Warner Bros, has sued Internet provider RCN for failing to take action against pirating subscribers. The music companies state that the ISP deliberately turned a blind eye to pirating customers, while at the same time profiting from their activities.
    For roughly two decades, copyright holders have been sending takedown notices to ISPs to alert them that their subscribers are sharing copyrighted material.
    Under US law, providers must terminate the accounts of repeat infringers “in appropriate circumstances” and increasingly they are being held to this standard.
    Several major music industry companies have filed lawsuits against a variety of Internet providers. With help from the RIAA, the companies targeted Cox Communications, Grande Communications, and Charter, hoping to recoup damages for their role in the pirating activities of their subscribers.
    The overall theme of these lawsuits is the same. The music companies accuse the ISPs of turning a blind eye to pirating subscribers. This is also made clear in a new complaint that was just filed against several ISPs that operate under the RCN brand.
    The lawsuit is again filed by music companies, including Arista Music, Bad Boy Records, Capitol Records, Laface Records, Sony Music Entertainment, Universal Music, UMG Recordings, and Warner Records. Some of these are also involved in the aforementioned cases.
    “This is a case about a leading internet service provider knowingly enabling its customers’ massive online copyright infringement of sound recordings,” the music companies allege in a complaint filed at a federal court in New Jersey.
    “Defendants operated RCN as a haven for infringement. Defendants promoted RCN’s high internet speeds to customers, knowing that the ability to download copyrighted material illegally using high-speed internet, without repercussions, was a substantial draw for infringers,” they add.
    The music companies state that RCN, including several local branches, willingly profited from keeping pirates on board. The ISP advertised high-speed internet which would be particularly appealing to BitTorrent pirates, it’s claimed.
    “RCN provides its subscribers with a fully functioning system that allows them to engage in copyright infringement on a massive scale using BitTorrent networks,” the complaint reads.
    “And for those subscribers who want to pirate more and larger files at faster speeds, RCN obliges them in return for higher fees. The greater the bandwidth its subscribers require for pirating content, the more money RCN receives.”
    We have seen similar claims in related “repeat infringer” lawsuits. Previously it was pointed out that, while it is certainly true that high-speed Internet access is beneficial for pirates, legal users of streaming platforms such as Netflix would benefit as well.
    The music companies, however, are convinced that the high speeds lure pirates to RCN. On top of that, they accuse the Internet provider of ignoring repeat infringers, so it can continue to profit from this piracy activity.
    The music companies back up their claims with data from anti-piracy tracking company Rightscorp, which previously sent RCN more than five million infringement notices. These notices identified tens of thousands of alleged pirates.
    Despite being aware of this copyright-infringing activity, RCN did nothing to stop it, the complaint notes. According to the Rightscorp data, 36,773 subscribers repeatedly engaged in piracy, with hundreds of these being flagged more than 1,000 times.
    Since Rightscorp doesn’t monitor all activity, this is likely a small fraction of all the infringing activity occurring over RCN’s network, the music companies add. And despite the high number of repeat infringers, RCN did little to stop it.
    “Defendants failed to take any meaningful action to discourage this
    wrongful conduct. Instead of terminating repeat infringers—and losing subscription revenue— RCN for years simply looked the other way and chose to allow the unlawful conduct to continue unabated.
    “By ignoring the repeat infringement notifications and refusing to take action against repeat infringers, and instead providing those customers with ongoing internet service, Defendants made a deliberate decision to contribute to known copyright infringement,” the complaint adds.
    In cases like this, Internet providers can generally rely on the DMCA safe harbor defense, which shields them from liability. However, the music companies argue that RCN lost this right by not having a properly functioning repeat infringer policy.
    “Although RCN purported to adopt a policy to address repeat infringers, RCN in reality never adopted or reasonably implemented a policy that provided for the termination of repeat infringers—despite receiving over five million infringement notices.

     

    Torrentfreak
    http://bit.ly/2zvgQiD