ISP Settles With Record Labels That Demanded Mass Termination of Internet Users

An anonymous reader shares a report: Internet service provider Frontier Communications agreed to settle a lawsuit filed by major record labels that demanded mass disconnections of broadband users accused of piracy. Universal, Sony, and Warner sued Frontier in 2021. In a notice of settlement filed last week in US District Court for the Southern District of New York, the parties agreed to dismiss the case with prejudice, with each side to pay its own fees and costs.

The record labels and Frontier simultaneously announced a settlement of similar claims in a Bankruptcy Court case in the same district. Frontier also settled with movie companies in April of this year, just before a trial was scheduled to begin. (Frontier exited bankruptcy in 2021.) [...] Regardless of what is in the agreement, the question of whether ISPs should have to crack down more harshly on users accused of piracy could be decided by the US Supreme Court.

no due process

[optikos]

The main thing wrong with what Universal, Sony, Warner Bros, and major record labels sought was that it lacked due process. Only the ultimatum from the corporate gods sufficed to trigger one-sided one-size-fits-all justice. SCotUS needs to focus especially on the constitutionality or lack thereof of regarding that point.

Re:

[optikos]

For example, a bot malware could be downloading pirated copyrighted material unbeknownst to an ISP's subscriber. Due process would permit that subscriber to be found innocent. Due process would instead deflect the justice system toward the operator of the malware bot instead, perhaps as organized crime.

Re:

[dfghjk]

The threat from "corporate gods" is a lawsuit, there is no "due process" issue until there is a lawsuit. The problem isn't lack of due process, it's that the little guy cannot afford due process.

Due process is a burden born by the government, not private corporations. It's like free speech, corporations can stomp on it, government can't.

Re:

[saloomy]

What makes the ISPs willing to "stomp" it is that by having information on what is talking to what, they are liable for participating in a crime, they are not the neutral carrier they should be. ISPs should scrub DHCP data for PII and retain only what metrics they need to know to manage their networks (total allocation, average time to reissue, etc). That way they can say "we do not have the data you are looking for".

Re:

[sarren1901]

Exactly!

Re: no due process

[drinkypoo]

"What makes the ISPs willing to "stomp" it is that by having information on what is talking to what, they are liable for participating in a crime, they are not the neutral carrier they should be."

Omfg no.

The USPS also has information on where packets are going, so do UPS and FedEx. Knowing the destination of some information is NOT what determines whether or not you are a common carrier.

Re:

[optikos]

In the USA for sure and likely throughout most industrialized nations, one can obtain the amount of justice that one can afford and no more.

Re:

[fahrbot-bot]

The main thing wrong with what Universal, Sony, Warner Bros, and major record labels sought was that it lacked due process. Only the ultimatum from the corporate gods sufficed to trigger one-sided one-size-fits-all justice. SCotUS needs to focus especially on the constitutionality or lack thereof of regarding that point.

Seems SCOTUS may have several "due process" related things to consider of late ...

Re:

[gtall]

And they'll punt on every one, as they have on every one so far save one, as they support la Presidenta, our new Dictator.

Re:

[leonbev]

Of course, this is Frontier we're talking about. Their incompetent customer support department couldn't resolve billing issues or connection issues for their customers 90% of the time, so what makes you think that they would do any better when it's Universal or Sony making the demands for assistance?

just training my AI

[awwshit]

Obviously, technology cannot progress and society fails if my AI cannot ignore copyright.

I hope AI and copyright collide in a way that reduces copyrights.

Re:

[MobileTatsu-NJG]

I hope AI and copyright collide in a way that reduces copyrights.

I'm a little surprised we don't have "AI-powered ad-blockers" right now.

Re:

[awwshit]

Sounds like a winner. But will anyone pay for it? How do you fund an ad block business?

Bankruptcy

[crow]

The key word in the summary is "bankruptcy." Assuming the ISP is in bankruptcy, this settlement is an easy thing for them. They record companies are just another creditor, so all that really matters is that the bankruptcy court agrees that the settlement is fair. The real losers are the other creditors.

Was it " mass termination"?

[Provocateur]

Are you sure it was mass termination not mass starvation?

I ask, because it seems a small segment of the populace got excited for the wrong reasons, of course.

No brainer, right?

[RitchCraft]

This would be like holding a gas station liable for the gas used by criminals in a get-away car.

Re:

[cmseagle]

I'd say it's more like holding a gas station liable for selling gas to someone who they had previously been told was using it for some sort of unlawful activity. I have no idea what the law and precent actually say about that kind of scenario, but there's some culpability there.

ISPs should NOT be liable...

[jonwil]

ISPs should NOT be liable for the actions of their users if they are merely acting as a dumb pipe and not modifying or messing with the traffic flowing over that pipe and should only be required to disconnect customers if ordered to by a court of law or by a warrant or directive from police or some other agency.

They shouldn't be required to disconnect customers just because some record label says "hey, your customer is violating copyright" without actually proving it in court.

common carrier = no caps or force an state certifi

[Joe_Dragon]

common carrier = no caps or force an state certified meter

Did nobody notice that Verizon is buying Frontier?

[kriston]

Did nobody notice that Verizon is buying Frontier?