Professional Documents
Culture Documents
Siegel
Attorney for: Copyright Enforcement Group Inc. d/b/a CEG TEK International
310-435-7656
310-657-2187
email: irasiegel@earthlink.net
April 1, 2016
Transmitted to Copyright Office though portal at
https://www.regulations.gov/#!submitComment;D=COLC-2015-0013-0002
CEG's entertainment business intelligence data, and its officers, have been quoted by the likes of Bloomberg,
Forbes, and Variety. By way of examples, see:
http://variety.com/2015/biz/news/copyright-alert-system-piracy-expendables-3-1201493788/
http://www.bloomberg.com/news/articles/2015-02-26/popcorn-time-torrent-app-makes-piracy-easier-than-ever
http://www.forbes.com/sites/dorothypomerantz/2014/09/03/emmy-awards-come-with-a-heavy-dose-of-piracy/
http://variety.com/2014/digital/news/most-pirated-tv-shows-networks-dominated-by-broadcasters-1201165817/
http://variety.com/2014/digital/news/data-dive-post-oscar-piracy-1201147603/
The following
incomparison
Appendix
Cand
at2013
the end of that report can be very instructive:
C: Infringingtable
bandwidth:
between 2011
Note: regional bandwidth data was only available for North America, Europe, and Asia-Pacific and hence worldwide data could not be produced for many data points.
Bandwidth (petabytes)
Worldwide
2013
2011
9,566.7
% Change
159.29%
42,189
20,181
109.05%
40,139.8
23.83%
19,253.5
19.16%
1,940.2
267
37.06%
11.35%
1,245.9
257.8
745.2
37.2
15.70%
85.1
-64.85%
1,158.7
11,496.5
26.75%
607.4
1,735.9
5,484.2
329.9
21.13%
146
595.9
864
290.95%
14,322.8
6782.1
33.96%
21.13%
3,709.6
736.9
403.41%
74
938.1
91.5
925.25%
267.8
-45.48%
242.1
2011
1,433.2
60.69%
345.81%
146.2
4,863.6
111.19%
191.31%
101.4
Asia Pacific
2013
239.35%
26.63%
-74.56%
737.2
3,075.8
2011
109.63%
154.24%
-54.66%
1,010.4
6,987.2
105.12%
471.87%
337.9
14,320.5
Europe
2013
165.45%
-27.69%
244.89%
1,526.9
1,097.1
104.95%
24.37%
6,691.5
1626
48.21%
108.48%
23.70%
North America
2013
2011
154.7
331.1
-53.28%
221
61.2
273.7
-77.64%
BitTorrent infringing bandwidth in North America (in the report, North America consists
of the USA and Canada), that is infringing file-sharing bandwidth, more than doubled from 2011
to 2013, and in 2013 accounted for (1245.9/1626=) 77% of all the infringing online bandwidth
and (1245.9/14,320.5=) 8.7% of total online bandwidth (including infringing and non-infringing
bandwidth. Note, the NetNames Piracy Analysis makes a point throughout of lumping adult
movie or video entertainment, or pornography, in with non-infringing bandwidth even though the
vast majority of adult movie or video file-sharing is infringing. (See page 30 of the NetNames
Piracy Analysis: "In North America, 8.7% of all bandwidth is consumed by unauthorized
content on bittorrent (that is not pornography)." With pornography being about 30% of
BitTorrent traffic (see page 29 of the NetNames Piracy Analysis), and virtually all of such filesharing being copyright infringements, BitTorrent file-sharing infringements made up over 38%
of total online bandwidth used in North America in 2013 as reported by NetNames. Even if only
the 8.7% figure is used, the amount of online infringement by file-sharing is, as a current seeker
of a nomination to run as a candidate for president would say, huuuuuuuuge.
Copyright 2013 Netnames Piracy Analysis v2.5
Copyright owners get nothing but a steep litigation hill to climb, and
Section 512 provides no help for copyright owners against file-sharing (or
P2P) copyright infringements over the Internet.
Stated another way, section 512 has done little, or nothing, to reduce the rate of
infringement through the very means that is the largest vehicle of Internet infringement.
In the Copyright Office's request for comments, it stated,
[S]ection 512 was intended by Congress to provide strong incentives for service
providers and copyright owners to cooperate to detect and deal with copyright
infringements that take place in the digital networked environment,
Well, some ISPs do provide cooperation in that they forward to their customers the
notices of claimed copyright infringement sent to them by anti-piracy companies such as CEG.
Those ISPs agree that copyright infringement is wrong, and do more than pay lip service to the
concept. Unfortunately, those ISPs are in the minority.
I expect that ISPs AT&T, Cablevision, Time Warner Cable, Verizon and Comcast will
brag to the Copyright Office about their Copyright Alert System ("CAS").
Any boasting by them is empty. Their CAS is open to very few, large studios and does
not provide for compensation to the copyright owners. It is nothing more than a educational
"The 'six strikes' copyright alert system [operated by some major ISPs in the
USA] has been operational for half a year, but thus far there is no indication that
U.S. traffic to The Pirate Bay and other torrent sites is slowing down. In fact, The
Pirate Bay enjoyed a record number of visitors on the day the six-strikes program
launched and monthly traffic to the site has increased significantly, more than
doubling compared to two years ago.
***
"The Copyright Alert Systems main goal is to educate the public. People are
informed that their connection is being used to share copyrighted material without
permission, and told where they can find legal alternatives.
"These alerts start out friendly, but repeat infringers face a temporary
disconnection from the Internet, or another mitigation measure.
***
"Ideally, the warnings should stop people from downloading copyrighted content
through sites such as The Pirate Bay, resulting in a drop in visitors. However, half
a year has passed since the introduction of the six-strikes scheme, and U.S. Pirate
Bay traffic appears to be unaffected."
From the September 10, 2013 article, "Anti-Piracy Strike Schemes Are Not Effective,
Research Shows," found at
"A new report published by Dr Rebecca Giblin of Monash University shows that
graduated response systems are not as effective as rightsholders claim. A detailed
review of 'strikes' schemes around the world shows that there is no evidence that
they lead to a reduction in piracy, and no evidence that authorized use is
maximized. According to Giblin's research, countries should be wary of rolling
out their own graduated response policies, while existing schemes should be
reconsidered.
***
"The results of this evaluation, the most elaborate that has been published to date,
was published this week in a 61-page article. Talking to TorrentFreak, Giblin says
that the goal of the paper was to evaluate the effectiveness of graduated response
schemes on three measures that are closely aligned with the purpose of copyright
law.
"Whats the evidence that these policies reduce infringement? Whats the
evidence that they increase the size of the legitimate market? What evidence is
there to show that they encourage the creation and dissemination of a wide range
of content?
"The paper shows that the graduated response schemes fail on all accounts."
From the January 24, 2014 article, "Study: French three-strikes law did not deter or
reduce piracy," found at
http://boingboing.net/2014/01/24/study-french-three-strikes-la.html
(emphasis in original),
"In Graduated Response Policy and the Behavior of Digital Pirates: Evidence
from the French Three-Strike (Hadopi) Law a team of business-school researchers
from the University of Delaware and Universit de Rennes I examine the impact
of the French 'three-strikes' rule on the behavior of downloaders. Under the threestrikes law, called 'Hadopi,' people accused of downloading would be sent a series
of threatening letters, and culminating with disconnection from the Internet for a
period of a year for everyone in the household.
***
"The researchers carefully surveyed French Internet users to discover what effect,
if any, the Hadopi law had had on their behavior -- specifically, whether they
were encouraged to download more from legitimate sites and pay more for music
as a result of the threat of Hadopi. Their conclusion: [Hadopi] has not deterred
"The 'six strikes' copyright alert system [operated by some major ISPs in the
USA] has been operational for half a year, but thus far there is no indication that
U.S. traffic to The Pirate Bay and other torrent sites is slowing down. In fact, The
Pirate Bay enjoyed a record number of visitors on the day the six-strikes program
launched and monthly traffic to the site has increased significantly, more than
doubling compared to two years ago.
***
"The Copyright Alert Systems main goal is to educate the public. People are
informed that their connection is being used to share copyrighted material without
permission, and told where they can find legal alternatives.
"These alerts start out friendly, but repeat infringers face a temporary
disconnection from the Internet, or another mitigation measure.
***
"Ideally, the warnings should stop people from downloading copyrighted content
through sites such as The Pirate Bay, resulting in a drop in visitors. However, half
a year has passed since the introduction of the six-strikes scheme, and U.S. Pirate
Bay traffic appears to be unaffected."
Meanwhile, we do have evidence that copyright infringement notices with demands for
settlement (which, of course, are consistent with the words and spirit of the Copyright Act)
actually do reduce rates of infringement, while satisfying in part purposes of the Act (i.e., having
the copyright infringer make payment to the copyright owner whose work was infringed and
compensating the copyright owner for the time, money and effort the copyright owner had to
expend in uncovering the copyright infringer's activity and in enforcing the copyright owner's
rights, and deterring repeated infringements by that copyright infringer: On average, Internet
file-sharing of CEG TEK's clients' content decreased by 61.32% at Canadian ISPs Bell Canada,