Is Google Fiber playing copyright cop?

Google_fiber_logoI’m constantly amused when people project their ideal of an ISP onto Google. After abandoning open access, shutting up on net neutrality, and gorging themselves on handouts, you’d think we’d all be a little bit wiser about how this company operates. It comes as no surprise, then, that Google is apparently also dipping its toe into the copyright cop waters. This is also affecting users in Provo as shown in the below anonymized email:

From: <no-reply@google.com>
Date: Tue, Sep 23, 2014 at 10:11 AM
Subject: FWD: <redacted> Notice of Claimed Infringement from <redacted> at <redacted> – Ref. <redacted>
To: <redacted>

Google Fiber has been notified by a copyright owner or its authorized representative that your Google Fiber service has allegedly been used to access or download infringing copyrighted material. The notice that we received, identifying the copyrighted material, can be found attached to this email.

We have not shared any information about you with the complaining party, nor will we unless we receive a subpoena or are otherwise required by law to do so.

Please be aware, however, that our Terms of Service forbid the use of your Google Fiber account for unlawful activities, including copyright infringement. Repeated violations of our Terms of Service may result in remedial action being taken against your Google Fiber account, up to and including possible termination of your service. If you believe that people outside your household may have had access to your Google Fiber service (such as via an open wireless access point) and are responsible for this activity, you may want to take steps to secure your network.

If you have legal questions about this notification, you should consult with your own legal counsel. If you have any other questions about this notification, please contact the party that sent the attached notice.

So far as I know, UTOPIA providers do not enforce these kinds of terms. XMission in particular has a history of telling anyone without a court order to pound sand.

The most concerning part of these notifications is that they are generated by a private party that has no accountability for its accusations. Google may also not do any kind of investigation to test the veracity (see what I did there?) of the claims being brought to them. It’s entirely possible they’ll take the complaints at face value and, if you get enough, disconnect service without so much as a “how do you do”.

How’s that “don’t be evil” thing working out for you, Provo?

Will the Comcast-NBC merger mean stepped-up anti-piracy efforts?

If regulators sign off on it, the nation’s largest cable company will end up with a significant foothold in both the broadcast media and movie industries. Overnight, a content distributor becomes a content producer. Pre-merger, Comcast had little incentive to play along with the copyright cop ambitions of the RIAA and MPAA. This merger could change everything, driving Comcast into policing not just the distribution of its own wares but those of fellow studios.

Given how Time Warner Cable would regularly roll over for MPAA requests to disconnect service, both before and after being spun off from parent company Time Warner, this is a legitimate and pressing concern. The MPAA spends a lot of time trying to track down pirates and they often get the wrong person.  The MPAA has also pushed hard for restricting what DVRs can record, locking down digital media to the point of near-uselessness, and wiping out net neutrality so that peer-to-peer programs can be blocked on a whim. None of these proposals are good for Comcast data or video customers and I do not think Comcast wants to unnecessarily restrict what customers can and cannot do with their connection.

That said, what will they do when Universal Pictures, a division of the merged company, has a competing interest? Which part of the company has their interests heard first? Will Comcast give Universal special access to routers and logs to track down pirates? Will they start using deep packet inspection? What can the falsely accused do about it?

This is why we should be very, very scared of the continued integration of media and telecommunications companies. The verticial monopoly of wholesale and retail telecom is bad enough, but when they control the content going over the pipe as well, it can get really ugly really fast.