There is a metric ton of cash that’s being poured into eHealth initiatives, and to date it doesn’t appear that governments are recognizing the relationship between copyright law and eHealth. That makes a lot of sense in some ways – when most of us think ‘medicine’ and ‘doctor’ we think about privacy as one of, if not the, key issues (while, other than hopefully curing whatever is making us ill!). In this light, we wonder about the security of databases, the willingness of healthcare providers to limit access to records, and so forth. People in Canada are worried enough about privacy that, on the Ontario Government’s eHealth Ontario site, ‘Privacy and Security‘ are front and center as a main link on their homepage. When we turn to British Columbia’s October 23, 2009 Heath Sector Information Management/Information Technology Strategy and search for ‘privacy’ we see that the term appears on 18 of the report’s 55 pages. Moving over to the Ontario Information and Privacy Commissioner’s May 2, 2006 presentation on health information and electronic health records we, again, see emphases on the privacy and security concerns that must be posed alongside any movement to massively digitize the healthcare infrastructure.
What we see less of in the eHealth debate are the prevalent dangers accompanying threats to cut citizens off of the ‘net as a consequence of copyright infringement. It’s this issue that I want to briefly dwell on today, in part to start ramping up some thoughts on the wide-ranging effects of three-strikes laws that are starting to be adopted and/or seriously discussed in various jurisdictions around the world.
Over the past little while there has been considerable attention focused on Virgin Media’s decision to trial Detica’s CView copyright monitoring system. This system uses Deep Packet Inspection (DPI) technology to identify data protocols and likely files that are being transferred in order to generate a Copyright Infringement Index (i.e. a ‘Piracy Index’). As outlined by Detica, CView will let ISPs work with content creators to determine whether ISPs providing content through their portals lead to reductions in ‘infringing’ transfers of content through P2P file sharing.
The story about Detica’s involvement really broke with Chris Williams’ piece over at the Register entitled, “Virgin Media to trial filesharing monitoring system.” In the piece, he recognized that the trial will encompass roughly 40% of Virgin’s customers, that the aim is to measure overall levels of filesharing rather than identify individual customers, and (at least initially) will focus on music. After I read the piece, I send some questions off to Detica and posted them (“Virgin to Use DPI to ID Copyright Infringement“) based on my reading of Williams’ piece and Detica’s consultation paper, and shortly thereafter followed up with Detica’s responses and thoughts on CView and privacy infringements (“Update to Virgin Media and Copyright DPI“). Between the posting of my questions, and the response from Detica, Richard Clayton had a meeting with representatives from Detica and posted the information they released to him over at Light Blue Touchpaper in a posting “What does Detica Detect?” The Register was also able to get face time with people working at Detica, leading Williams to produce his second piece “Spook firm readies Virgin Media filesharing probes.”
In the rest of this post, I want to pull together the information that has come to light so that we can get a better picture of what is known about CView. As such, this is very much a summary rather than an analytic post; hopefully I’ll have time to delve the information more critically in the near future.
I’ve been watching with some interest the new Artist 2 Fan 2 Artist project, recently started up by Jon Newton and Billy Bragg. The intent of the site is to bring artists and fans together and encourage these parties to speak directly with one another, without needing to pass through intermediaries such as producers, labels, public relations groups, managers, and so on. It will be interesting to see how the dialogue develops.
One of the key elements of the site that interest me the discussion of paying artists (and other content creators); how can we avoid demonizing P2P users while at the same time allocating funds to artists/copyright owners in a responsible manner. On October 5th, this topic was broached under the posting ‘In Favour of a Music Tax‘, and I wanted to bring some of my own comments surrounding the idea of a music tax to the forefront of my own writing space, and the audience here.
I think that an ISP-focused levy system is inappropriate for several reasons: it puts too much authority and control over content analysis than carriers need, puts carriers at risk when they misidentify content, and would make carriers (for-profit content delivery corporations) in charge of monitoring content without demanding consumers that pay ‘full value’ for content moving through their networks. This last point indicates that an ISP-based levy puts ISPs in a conflict of interest (at least in the case of the dominant ISPs in Canada). Another solution is required.
When people are about to download content from the ‘net that is copywritten, many often ask ‘will I get caught doing this?’ For many, the response is ‘no’ and then continue to download that episode of Seinfeld or whatever. Given that there are so many people downloading, and that record companies in the US have claimed to have abandoned filing new lawsuits against individuals, then things (in North America) appear to be getting better.
At issue, however, is that filing lawsuits is big money, and in Europe especially it looks like Digiprotect has moved in to assume first-mover advantage. Digiprotect gets “the legal rights from the companies to distribute these movies to stores, and with these rights we can sue illegal downloaders. Then we take legal action in every country possible, concentrating on the places where such action will be profitable” (Source). They avoid demanding too much money from infringers, on the basis that few judges like the idea of imposing million dollar fines on individuals – usually opting for suits demanding in the vicinity of 500 Euros. This amount of money ‘teaches’ individuals and provides enough money to keep the employees paid. No staff member has a fixed salary – they are paid according to the ‘cases’ that are won. The actual method of determining the financial burdens are based on the business expenses, profit, and money to be distributed to artists. In effect, the company sets up a honeypot and then sues whomever it is profitable to sue.