Screengrab, Copyrightinformation.org

TorrentFreak reports that the Copyright Alert System, which some big Internet service providers were planning to implement Wednesday, is on hold. The system has been delayed due to adverse conditions following Superstorm Sandy, which threw a hugely destructive wrench into the works for many utilities and ISPs.

The Center for Copyright Information (CCI) is behind the system. CCI's Executive Director, Jill Lesser, wrote a blog post explaining the delay, which read in part:

Due to unexpected factors largely stemming from Hurricane Sandy which have seriously affected our final testing schedules, CCI anticipates that the participating ISPs will begin sending alerts under the Copyright Alert System in the early part of 2013, rather than by the end of the year.

Our goal has always been to implement the program in a manner that educates consumers about copyright and peer-to-peer networks, encourages the use of legal alternatives, safeguards customer privacy, and provides an easy-to-use independent review program for consumers to challenge alerts they believe they’ve received in error.

Ms. Lesser closed by saying CCI and the ISPs involved wanted to be certain "all of our 'I's are dotted and 'T's crossed" before they began sending messages to customers accusing them of downloading illegal content.

Once it is in place, the Copyright Alert System will be a series of warnings to users suspected of illegal activity that will culminate in either slowed or blocked access if the customer ignores notices from their provider.

So it looks like illegal downloaders have up to six more months to pirate copyrighted data to their hearts' content, and they may have an epic disaster to thank for that.

Screengrab, Copyrightinformation.org

Some of the largest Internet service providers (ISPs) in the country are set to take steps aimed at stopping illegal downloads.

The penalties can result in the repeat offenders losing their Internet access, though providers say it doesn't have to go that far.

Wired names the participants and describes the series of measures, called the Copyright Alert System, that will be used to clamp down on illegal sharers:

The plan, now four years in the making, includes participation by AT&T, Cablevision Systems, Comcast, Time Warner Cable and Verizon. After four offenses, the historic plan calls for these residential internet providers to initiate so-called “mitigation measures (.pdf) that might include reducing internet speeds and redirecting a subscriber’s service to an “educational” landing page about infringement.

The huge--and successful--online backlash against SOPA and similar legislative attacks on piracy slowed ISP plans to implement these measures, according to Gigi Sohn.

Ms. Sohn, who heads a digital rights group called Public Knowledge, told Wired that ISPs were afraid that if they were too quick to take their own anti-piracy measures, "...public opinion would be so raw, this would be caught in the whirlwind of bad PR."

Wired goes on to detail how ISPs will deal with infringement. Targets of the following will definitely feel like Big Brother is watching:

On the first offense, internet subscribers will receive an e-mail "alert" from their ISP saying the account "may have been" misused for online content theft. On the second offense, the alert might contain an "educational message" about the legalities of online file sharing.

On the third and fourth infractions, the subscriber will likely receive a pop-up notice "asking the subscriber to acknowledge receipt of the alert."

"Mitigation measures" follow after the fourth warning. While the term has a bitterly dystopian ring to it, on paper it means reduced Internet speed and possible redirection to a page encouraging the user to contact their provider and "discuss" the issue.

Jill Lesser, who directs the group that created these measures, told Wired that the program is intended to be "educational" rather than a form of punishment.

In the end the Internet may be ahead of the ISPs. For three months there has been a standing Reddit thread filled with advice on getting around the Copyright Alert System.

via VentureBeat

Perhaps it's public posturing in advance of its Wednesday launch, but Aereo couldn't seem less bothered about the two copyright infringement lawsuits the startup is currently facing in the Southern District of New York. Case in point, yesterday afternoon Aereo filed a breezy counterclaim--not countersuit as reported elsewhere--against ABC, CBS, Disney, NBC, Universal, Telemundo, and more.

(If you're playing catch-up with our coverage, here's a quick primer: 1. For only $12/month, the Long Island City-based startup Aereo lets users live-stream and record broadcast TV to any mobile device. Because the startup also incorporates Hulu and Netflix and doesn't require any additional devices or dongles, the IAC/Interactive-backed company makes cord-cutting even more of a reality.  2. Broadcasters no likey. On March 1st, two groups of broadcasters filed suit for copyright infringement.)

In the 15-page counterclaim and answer, Aereo cites previous cases that ruled in favor of VCR and DVD players, i.e. technological progress in terms of how we watch television [emphasis ours]:

"This case involves nothing more than the application of settled law to updated technology--settled law that establishes that Aereo's business is entirely lawful. Plaintiffs' Complaint fails because Aereo merely provides technology that consumers may use to do what they are legally entitled to do (1) access free and legally accessible over-the-air television broadcasts using an antenna; (2) create individual, unique recordings of those broadcasts for personal use, see Sony Corp. of America vs. Universal City Studios Inc., 464 U.S. 417 (1984); and play back those unique recordings utilizing a remotely-located digital video recorder ("DVR") to personal devices, see Cartoon Network LP vs. CSC Holdings Inc., 536 F. 3d 121 (2d Cir. 2008.)"

Mr. Diller actually telegraphed this argument over the weekend at SXSW, telling the folks in Austin that Aereo was no different from a Betamax, evoking a Supreme Court ruling in Sony's favor. In the counterclaim, Aereo reiterates its previously-stated position: that its insulated from copyright claims because it uses individual antennas (stored in a local warehouse):

"When a consumer is accessing broadcast television using the Aereo Technology, he or she is using a specific individual antenna that is tuned and used only by that consumer for the duration of that access. Aereo, through the Aereo Technology, simply provides to its members the convenience of locating at a remote facility the type of equipment that they could otherwise have and use at home."

In other words, Aereo's technology is the new rabbit ears. And who could be afraid of a sweet little bunny . . . gnashing away at the cord to your cable bill.

Yesterday's counterclaim was only filed in response to one set of plaintiffs suing Aereo: ABC, NBC, et al. The second suit comes from WNET, Fox Television Stations (the network Mr. Diller is credited with organizing), WPIX, Univision, PBS, and Twentieth Century Fox Film Corporation.  Aereo's PR firm said a counterclaim against the latter is expected as well and offered the following statement:

“Aereo’s business rests on three very well established legal principles: the consumers’ right to access broadcast television, their right to record unique copies of broadcasts for personal use and their right to use remotely located equipment to make their private copies.  We firmly believe that Aereo's technology is lawful. We are confident in the legal process, and we look forward to a prompt resolution of these meritless lawsuits.”

Aereo Counterclaim