DigitalKoans

Vuze has issued a report (First Results from Vuze Network Monitoring Tool) analyzing the network management tactics of ISPs.

Here's an excerpt from the report:

We believe that there is sufficient data to suggest that network management practices that "throttle" internet traffic are widespread. At a minimum, more investigation is required to determine whether these resets are happening in the ordinary course of business or whether they represent the kind of throttling practices which target specific applications and/or protocols, harming the consumer experience and stifling innovation.

Read more about it at "Study: All Major Broadband Providers Disrupt P2P," "U.S. Senate Committee Tackles Net Neutrality Today," and "Vuze Says Some ISPs Abuse TCP Resets; Data Not That Clearcut."

EDUCAUSE has released a podcast on P2P file sharing called "Don't Download This Panel." The podcast is from a panel discussion about the topic at the EDUCAUSE 2008 Western Regional Conference.

The speakers are:

• Greg DePriest, Vice President, Technology Policy, NBC Universal
• Kenneth C. Green, Founding Director, The Campus Computing Project
• Fred von Lohmann, Senior Staff Attorney, Electronic Frontier Foundation
• Session moderator: Kent Wada, Director, IT Strategic Policy, UCLA

Comcast and Pando Networks have announced that they want to create a P2P Bill of Rights and Responsibilities. The announcement was greeted with skepticism by some net neutrality advocates.

Here's an excerpt from the press release:

Comcast Corporation and Pando Networks, Inc. announced today they will lead an industry-wide effort to create a "P2P Bill of Rights and Responsibilities" (BRR) for peer-to-peer (P2P) users and Internet Service Providers (ISPs). The two companies plan to collaborate and engage with industry experts, other ISPs and P2P companies, content providers and others to set a framework for the BRR that can serve as a best practice. The purpose would be to clarify what choices and controls consumers should have when using P2P applications as well as what processes and practices ISPs should use to manage P2P applications running on their networks. For example, P2P users should have the right to control their computers’ resources when using P2P applications.

In addition, Comcast and Pando plan to conduct a test of Pando Network Aware™ P2P technology on Comcast’s fiber-optic network. The purpose of the test will be to capture and analyze the data flow associated with downloading a file using Pando’s P2P application. These tests, along with tests Pando will conduct on a variety of other ISP networks, including cable, DSL, fiber and wireless, will measure things like performance, speed, distance and geography as well as the bandwidth consumption impact to the ISP. Comcast, Pando and the P4P Working Group plan to publish the results of these tests so other ISPs can benefit from understanding how P2P applications might be optimized for traveling over different types of networks in different environments and geographies.

Today’s announcement builds on Comcast’s March 27th announcement to collaborate with BitTorrent and the broader Internet and ISP community to more effectively address issues associated with rich media content and network capacity management. It also builds on Pando’s recent announcements of its P4P test results which demonstrated Pando’s ability to reduce network congestion and speed content delivery by routing P2P traffic more effectively across cable, DSL, and fiber broadband networks.

The Pando test will provide additional data to help Comcast migrate to a protocol-agnostic network management technique by the end of this year. The arrangement is yet another example of how these technical issues can be worked out through private business discussions and without the need for government intervention.

Read more about it at "But Why Do We Need a P2P Bill Of Rights in the First Place?"; "Comcast Calls for 'P2P Bill of Rights'"; "Comcast Loves File Sharing, Honest!"; "Comcast to Spearhead Creation of P2P Bill of Rights"; "Comcast Wants to Be the Net's Judge, Jury, and Executioner"; and "Public Knowledge Calls Comcast-Pando Proposal 'Ludicrous'."

Of late, there has been increased attention by the courts about the legality of having digital music files in P2P software folders where other P2P users could retrieve them.

Noted copyright attorney William Patry has reviewed three cases (Atlantic v. Brennan, Elektra v. Barker, and London-Sire v. Doe) involving this issue in "The Recent Making Available Cases."

In a ruling in the Elektra v. Barker case, United States District Judge Kenneth M. Karas has ruled that having digital music files in a KaZaA shared folder is a violation of copyright holders' distribution rights. EFF attorney Fred von Lohmann said that the ruling was an important precedent.

Read more about it at "New Ruling May 'Grease the Wheels" of RIAA Litigation Machine."

EDUCAUSE has released "EDUCAUSE Live! Podcast: Update on Key U.S. Copyright Developments," in which James G. Neal, Vice President for Information Services and University Librarian at Columbia University, discusses recent copyright issues.

Here's a description of the podcast:

Copyright continues to be a core interest of the higher education and academic library communities. This briefing focuses on eight critical legislative and legal arenas where the United States will be working on copyright: orphan works, digital fair use, broadcast flag, Section 1201 anti-circumvention rulemaking, electronic reserves, peer-to-peer file sharing, open access to government-funded research, and the report of the Section 108 Study Group on exceptions and limitations for libraries and archives. The work of the study group is highlighted, including its primary findings and recommendations. In addition, two important recent studies are described and their importance for libraries are cited. The advocacy and educational roles and responsibilities of librarians on copyright also is outlined.

The American Council on Education has sent a letter to Senators Edward M. Kennedy and Michael B. Enzi regarding copyright infringement provisions in the College Opportunity and Affordability Act.

In it, the ACE states:

Recent investigations and reports to the Joint Committee of the Higher Education and Entertainment Communities concluded that legitimate online alternatives and technologies designed to deter illegal file sharing are largely ineffective. A widely distributed 2005 study commissioned by the Motion Picture Association of America (MPAA) indicated that 44 percent of its domestic losses due to illegal file sharing were attributable to college students. However, MPAA revealed in January that a re-examination of those data determined that the estimated loss due to college students was in fact 15 percent, not 44 percent. Moreover, since only 20 percent of college students nationwide reside on campus, only 3 percent of MPAA losses can be attributed to college students using campus networks.

The Motion Picture Association of America (MPAA) has responded with its own letter, refuting the ACE letter. It states:

One filtering product is now deployed at approximately 70 colleges and universities across the country, and it has demonstrated the ability to impede illegal P2P activity on a number of campus networks.

Further, the letter claims that one university has had significant cost savings as a result of filtering.

Meanwhile, an MPAA study revealed that the movie industry experienced record-breaking profits in 2007, casting some doubt on how significant the piracy threat really is.

Read more about it at "Entertainment Industry Urges Congress to Get Tough with Colleges on File-Sharing," "Hollywood's Record Year Shows MPAA's Piracy Folly," and "MPAA to Congress: Filtering Is in Colleges' Best Interests."

The Italian agency in charge of protecting personal data has ruled that Logistep violated the privacy rights of Italian file sharers by tracking their activity and ordered that these tracking records be destroyed. Previously, the Swiss data protection commissioner made a similar ruling against Logistep.

Read more about it at "Anti-Piracy Company Breaches Privacy, Ordered to Shut Down"; "Anti-Piracy Company Illegally Spied on P2P Users"; and "Italian File-Sharers Let Off The Hook."

As other ISPs try to reduce and shape P2P traffic, Verizon has taken a different tack: investigating how to improve throughput with the new Proactive network Provider Participation for P2P (P4P) protocol. In tests with file sharing company Pando, use of P4P boosted performance between 200 and 600 percent.

Read more about it at: "Goodbye, P2P! P4P is Coming" "Verizon Embraces P4P, a More Efficient Peer-to-Peer Tech" and "With Eyes Open, Verizon Peers into the Future."