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





Begin forwarded message:

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


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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