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BitTorrent Trackers blocked by TATA Indicom Broadband
- Thread starter dehydratedpaani
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mgcarley
Founder, Hayai Broadband
Torrent cant be block, because pirated content is not the only thing available on torrents. there are lots of legal things on torrents as well. for eg. Linux distributions, demo videos etc.
While true, these torrents usually have specific trackers which are apparently not blocked by Tata, according to post #8 in this thread. It would appear that they are blocking trackers which are commonly used for piracy.
---------- Post added at 09:26 PM ---------- Previous post was at 09:25 PM ----------
I got two word for you: *****
?
---------- Post added at 09:31 PM ---------- Previous post was at 09:26 PM ----------
this is illegal.tata cannot block trackers.it like banning an airport because someone smuggled cocaine.in other western countries isp protect their customers and even goto court to protect torrents.
Sorry mate but both of those sentances are, for the most part, not true.
Firstly, it is NOT illegal for Tata to block the distribution of copyrighted material illegally, moreso if it is deemed under their terms of service to be abuse of their network, for which they are actually entitled to suspend or terminate your account.
While it is true that ISPs in some countries have been to court these are more to defend themselves with regards to the fact that employing the mechanisms the RIAA/MPAA want is either impossible, unconstitutional or simply against company policy. Unfortunately however, particularly the United States, some ISPs will usually just forward any threatening letters directly on to the consumer.
While true, these torrents usually have specific trackers which are apparently not blocked by Tata, according to post #8 in this thread. It would appear that they are blocking trackers which are commonly used for piracy.
---------- Post added at 09:26 PM ---------- Previous post was at 09:25 PM ----------
I got two word for you: *****
?
---------- Post added at 09:31 PM ---------- Previous post was at 09:26 PM ----------
this is illegal.tata cannot block trackers.it like banning an airport because someone smuggled cocaine.in other western countries isp protect their customers and even goto court to protect torrents.
Sorry mate but both of those sentances are, for the most part, not true.
Firstly, it is NOT illegal for Tata to block the distribution of copyrighted material illegally, moreso if it is deemed under their terms of service to be abuse of their network, for which they are actually entitled to suspend or terminate your account.
While it is true that ISPs in some countries have been to court these are more to defend themselves with regards to the fact that employing the mechanisms the RIAA/MPAA want is either impossible, unconstitutional or simply against company policy. Unfortunately however, particularly the United States, some ISPs will usually just forward any threatening letters directly on to the consumer.
W
warthog
no you are wrong.can you block google cuz it allows nude pics?can you block email cuz people send threatning letters?this is totally illegal and unconstitutional.you are innocent until proven guilty and there is a ternm known as due process.isps cannot arbitrarily block this.if taken to court they will be held guilty.torrent or trackers are not illegal,only torrents which give copyright material is illegal but to know that if you are using copyright material you need to know what links they are using which amounts to unreasonable search and seizure and a violation of indian telegraph act 1885.many people who have been sued solely based in their ip address have been found not guilty as ip address is not alone can be used.do some research.i will never advise anyone to use hayani net.you should defend your customers and not bow to the govt.
mgcarley
Founder, Hayai Broadband
no you are wrong.can you block google cuz it allows nude pics?
Google doesn't host them. Arguably the same argument can be applied to the trackers, but the difference is that nudity and copyrighted materials are seen differently by the law.
can you block email cuz people send threatning letters?
No, but you can easily pinpoint where the threatening letter came from (or at least appeared to come from) and take action against the individual user - this would parallel how most ISPs in India will handle letters coming from the RIAA/MPAA if the new amendments to the copyright act are passed.
this is totally illegal and unconstitutional.you are innocent until proven guilty and there is a ternm known as due process.isps cannot arbitrarily block this.if taken to court they will be held guilty.
Have you actually read the copyright act or the DoT/ISP license agreement? Or your own contract for your ISP account, for that matter?
torrent or trackers are not illegal,only torrents which give copyright material is illegal but to know that if you are using copyright material you need to know what links they are using which amounts to unreasonable search and seizure and a violation of indian telegraph act 1885.
I agree that torrents and trackers are not illegal, however they are not outright blocking bittorrent or access to all known trackers. The poster in #8 of this thread clearly stated he had no problem connecting to a tracker for downloading Debian Linux via bittorrent. Tata in this case (assuming that they have blocked trackers such as TPB and link-removed) are merely blocking known links to copyrighted material which under the copyright act of 1957 they are obliged to do.
As it happens also, they are not searching or seizing anything, and the trackers concerned are NOT based in India and thus the telegraph act has no application.
many people who have been sued solely based in their ip address have been found not guilty as ip address is not alone can be used.
True, but in the case of a threatening letter, a warrant could be issued to seize their computer equipment and do a forensic search.
do some research.i will never advise anyone to use hayani net.you should defend your customers and not bow to the govt.
I have read the DoT license in full and understood at least most of it.
I have the copyright act (including proposed amendments) in full and understood at least most of it.
I have read all of the directives issued to ISPs since the opening up of the ISP world in 2002.
I have read the fineprint of several of the customer contracts to ensure that the things we are doing are in line with the standards and regulations.
I have written to the government about the Broadband policies in India and made recommendations as to how things need to be improved to get India's broadband "up to speed," as it were.
So with all due respect, I have done the research - and I fear more research than you have, at that, and unless you feel like quoting me some obscure clause from a relatable law or part of the Indian constitution that proves me wrong, I would suggest you stop giving blanket statements like that it is illegal to do this and they can't do that.
As for my customers, I have clearly stated on other threads that we would be defending both the privacy and right to access legal methods of distribution for our customers unless we are specifically instructed by a direct order from either the copyright office or the DoT to block access to certain things, providing that there is a legal basis for us to obey such an order. Basically what I mean for that is, they'd have to be on the verge of revoking our ISP license.
But let it be known that from the ISP contracts I have read in India, a clause is included that basically says if someone tries to take legal action against the ISP for something a customer has done, the liability will be passed on to the customer.
Google doesn't host them. Arguably the same argument can be applied to the trackers, but the difference is that nudity and copyrighted materials are seen differently by the law.
can you block email cuz people send threatning letters?
No, but you can easily pinpoint where the threatening letter came from (or at least appeared to come from) and take action against the individual user - this would parallel how most ISPs in India will handle letters coming from the RIAA/MPAA if the new amendments to the copyright act are passed.
this is totally illegal and unconstitutional.you are innocent until proven guilty and there is a ternm known as due process.isps cannot arbitrarily block this.if taken to court they will be held guilty.
Have you actually read the copyright act or the DoT/ISP license agreement? Or your own contract for your ISP account, for that matter?
torrent or trackers are not illegal,only torrents which give copyright material is illegal but to know that if you are using copyright material you need to know what links they are using which amounts to unreasonable search and seizure and a violation of indian telegraph act 1885.
I agree that torrents and trackers are not illegal, however they are not outright blocking bittorrent or access to all known trackers. The poster in #8 of this thread clearly stated he had no problem connecting to a tracker for downloading Debian Linux via bittorrent. Tata in this case (assuming that they have blocked trackers such as TPB and link-removed) are merely blocking known links to copyrighted material which under the copyright act of 1957 they are obliged to do.
As it happens also, they are not searching or seizing anything, and the trackers concerned are NOT based in India and thus the telegraph act has no application.
many people who have been sued solely based in their ip address have been found not guilty as ip address is not alone can be used.
True, but in the case of a threatening letter, a warrant could be issued to seize their computer equipment and do a forensic search.
do some research.i will never advise anyone to use hayani net.you should defend your customers and not bow to the govt.
I have read the DoT license in full and understood at least most of it.
I have the copyright act (including proposed amendments) in full and understood at least most of it.
I have read all of the directives issued to ISPs since the opening up of the ISP world in 2002.
I have read the fineprint of several of the customer contracts to ensure that the things we are doing are in line with the standards and regulations.
I have written to the government about the Broadband policies in India and made recommendations as to how things need to be improved to get India's broadband "up to speed," as it were.
So with all due respect, I have done the research - and I fear more research than you have, at that, and unless you feel like quoting me some obscure clause from a relatable law or part of the Indian constitution that proves me wrong, I would suggest you stop giving blanket statements like that it is illegal to do this and they can't do that.
As for my customers, I have clearly stated on other threads that we would be defending both the privacy and right to access legal methods of distribution for our customers unless we are specifically instructed by a direct order from either the copyright office or the DoT to block access to certain things, providing that there is a legal basis for us to obey such an order. Basically what I mean for that is, they'd have to be on the verge of revoking our ISP license.
But let it be known that from the ISP contracts I have read in India, a clause is included that basically says if someone tries to take legal action against the ISP for something a customer has done, the liability will be passed on to the customer.
mgcarley
Founder, Hayai Broadband
You may be right. But I do not think government gave directive only to TATA. If govt gives directive it shud be to all ISPs.
And I dont know if ISPs have right for self-censorship unless there is court order.
I don't think the government has given a directive at all to anyone. Basically speaking, ISPs can do whatever they like if they think it is in the best interest of their network, or potentially their own legal protection... "nipping it in the bud" or taking "preventative measures" against potential problems before they arise, or worse, judging by the recent amount of apparent blocking of certain sites and in this case trackers, they could be testing to see how customers react.
And I dont know if ISPs have right for self-censorship unless there is court order.
I don't think the government has given a directive at all to anyone. Basically speaking, ISPs can do whatever they like if they think it is in the best interest of their network, or potentially their own legal protection... "nipping it in the bud" or taking "preventative measures" against potential problems before they arise, or worse, judging by the recent amount of apparent blocking of certain sites and in this case trackers, they could be testing to see how customers react.
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warthog
you see the govt if says ban sites the isp bans them.this is totally done arbitarily.there is no free speech in this country.only a court order should be followed but isps are too timid.
mgcarley
Founder, Hayai Broadband
you see the govt if says ban sites the isp bans them.this is totally done arbitarily.there is no free speech in this country.only a court order should be followed but isps are too timid.
I'm quite in agreement, but like I said, it's probably trying to avoid problems... or possibly the US subsidiaries are getting threatened... or possibly they are just trying to prevent abuse of their networks.
I'm quite in agreement, but like I said, it's probably trying to avoid problems... or possibly the US subsidiaries are getting threatened... or possibly they are just trying to prevent abuse of their networks.
B
brickhouse
I'm quite in agreement, but like I said, it's probably trying to avoid problems... or possibly the US subsidiaries are getting threatened... or possibly they are just trying to prevent abuse of their networks.
threatened............lol
europe and other high speed countries will get threatened first
threatened............lol
europe and other high speed countries will get threatened first
mgcarley
Founder, Hayai Broadband
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