Tag Archive for 'Slashdot'

Throttling Bit Torrent:

Spotted on: Half Life Source

Bit Torrent throttling is becoming a real issue. Although it has not yet seen much mainstream attention, controlling users access to internet bandwidth is a disturbing precedent to flow of free information. Seemingly an effort to control the illegal sharing of files, the impact of throttling can be far reaching.

Somewhere around a third of all web traffic is Bit Torrent File Sharing. Keep in mind that a significant amount of Bit Torrent traffic is legitimate, such as file backups for large companies, or as a tool for academic research. A neurocognitive scientist posted on the DSLReports forum how bandwidth throttling is hindering scientific research in a field where leading researchers live great distances from each other. In other words, limiting people’s ability to use their internet waves affects more than porn and Britney Spears.

People transferring large files across the internet can affect other uses online experience negatvely. However, if the uses are legal (and more and more users of Bit Torrent are using it for legal purposes), what legal right do ISPs have to limit our uses of their service? As Slashdot elegantly posed the question in February, “Do they want to irritate their BitTorrent-using contingent, or let BitTorrent flow unhindered at the risk degrading the experience of those who don’t download torrents?’”

Comcast, the # 2 internet provider in the United States, is being served a class action suit for limiting the bandwidth of Bit Torrent users. The suit alleges that it is a breach of contract for a user’s bandwidth to be limited. “The filing asserts that Hart upgraded his internet service to Comcast’s high-speed internet… package in September 2007 to gain faster speeds specifically for the blocked applications in question. In the subscriber agreement… none of the terms stated that Comcast would impede or limit the blocked applications.” (quoted from the Half Life Source article).

According to the The Consumerist, A recent internal ComCast memo gave call senter emplyees a strict script to deliver if customers had questions. Any employee who says anything not in the script would be subject to immediate termination. Adding oddness to the issue is a recent MSNBC article that shows tests confirm the throttling is happening.

Recently, a major Canadian ISP admitted they have been throttling Bit Torrent traffic for months, even going as far as to refuse service to users that consume large amount of bandwidth. An analysis on Bell Sympatico’s tactics can be seen on p2pnet.net.

The CEO of Bit Torrent, Ashwin Navin, said in an interview that throttling is “a symptom of a larger problem”.

Net Neutrality – Not just a fancy term

Network neutrality “…refers to a principle that is applied to residential broadband networks, and potentially to all networks. Precise definitions vary, but a broadband network free of restrictions on the kinds of equipment that may be attached and the modes of communication allowed…” (quoted from Wikipedia).

Simply put, once companies can set limits on our ability to use the internet, where will it stop? Once the door cracks open, how do we close it?

I can sympathize with broadband companies that are concerned with Bit Torrent users sucking up all their bandwidth. It can get quite expensive to have to conitnually upgrade internet servers to meet capacity. The same thing happens in grocery stores when they have to open another checkout line. In capitalism, we often refer to this as “the cost of doing business”.

Bottom Line: Bit Torrent is the biggest single use of internet traffic. ISPs can save lots of money by throttling our use of bandwidth, or charging us if we pass monthly limits. To do so based on what we are doing violates network neutrality, and sets a precedent for controlling the internet.

Free the Internet Airwaves!

Spotted: Everywhere

You probably already know that the US Copyright Royalty Board is finalizing royalty rates for internet radio for the period 2006-2010. The premise seems noble: Raise royalty rates on the internet, so artists can make more money. The practical result of this royalty hike is most small internet radio broadcasters will be pushed to bankruptcy, leaving only the largest (and mostly consolidated) broadcasters left. Before we take a look at how this has gone down, here’s my take on this:

This is not about royalty money. Money is one of the most powerful tools of distraction in our society. The issue here is who will have the power to broadcast on the internet. Deregulation of media ownership is moving online, and by limiting who will have the legal right to broadcast music, the RIAA is attempting to control our tastes, and therefore protect their flopping sales.

According to the Copyright Royalty Board’s Final Determination – Docket No. 2005-1 CRB DTRA, Page 71, “SoundExchange was…an unincorporated division of the Recording Industry Association of America.” SoundExchange’s argument during these proceedings: “it would be inefficient for the Copyright Royalty Judges to select more than one agent to receive and distribute royalties.” “Only one party in this proceeding, SoundExchange, proposes that Noncommercial Webcasters should be subject to a rate structure incorporating a revenue-based metric… SoundExchange specifically proposes that Noncommercial Webcasters pay according to the same structure and rates applicable to Commercial Webcasters.”

SoundExchange has a summary of this ruling on their site. On page 4, it states, “Upon review of the evidence…the CRJs concluded that ‘selection of a single Collective represents the most economically and administratively efficient system for collecting royalties…’ The CRJs also found ‘no credible evidence that demonstrates that copyright owners and performers suffer increased costs from a system with a single Collective.’” (Check out this summary to see all the great reasons for establishing a monopoly).

In the songwriting realm, we have freedom of choice with Collection Societies, mainly ASCAP, BMI, or SESAC. This competition allows artists to have leverage in how they are treated, and the rates they pay. So why would the CRB rule in favor of a single royalty collection entity for internet broadcasting? And why choose an entity that started as an extension of the RIAA?

Back in 2004, The Register reported that thousands of artists unclaimed royalties would be kept by the RIAA unless claimed by the end of the year. Here’s a couple of articles from Techdirt, Slashdot, and Daily Kos from late April ’07 dissecting the CRB ruling. it turns out that SoundExchange is actually the recipient of all internet royalty payments, whether RIAA members or not.

Here’s a quote from the SoundExchange Site:
What about webcasting? The recent U.S. Copyright Office ruling regarding webcasting designated SoundExchange to collect and distribute to all nonmembers as well as its members. The Librarian of Congress issued his decision with rates and terms to govern the compulsory license for webcasters (Internet-only radio) and simulcastors (retransmissions).”

Let’s take the Polyvibe team as our example. We are not affiliated with the RIAA in any way. Our first priority is having the music heard, royalties or not. We are required to register with SoundExchange and pay their fees to get our royalties. We haven’t made their unpaid label list yet.

If they know who they are collecting money for, and they have a meticulously cataloged list of unpaid labels and artists, isn’t it easy to send out a form letter? Here’s a recent post from Wired’s blog, “SoundExchange Distributed Only 60% of Collected Royalties in Q1 2006” (SoundExchange is only required to keep records for three years, ain’t that a kicker).

The most recent ruling by the CRB is in the Federal Register on May 1 (The ruling was March 2). Our last hope is HR 2060, which will overrule the CRB ruling. The bill is sponsored by Don Manzullo and Jay Inslee.

Free the Airwaves!
Save Net Radio!




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