County Shuts Down Hotspot after Movie Download

Coshocton County, Ohio, shutters a hotzone because of a movie download: The local paper reports that Sony Pictures notified OneCommunity, which operates the county's one-block hotzone, that a movie was downloaded "illegally." The article doesn't provide enough details to know whether this was via BitTorrent, a pirate movie site, or other means. It's possible it was a perfectly legal download that Sony doesn't like, too, such as a transfer of a movie for personal use or a legal movie download that was mischaracterized.

In any case, it doesn't seem that Sony nor the MPAA (which is mentioned in the article but didn't apparently contact the county at all) asked for the network to be shut down. Further, there's no legal basis on which to close down a network because of illegal use. The common-carrier and other ISP laws protect such operations, even though if Sony had filed suit the ISP might have had to produce certain logs and other connection records.

My friend Cory Doctorow over at BoingBoing went with the knee-jerk headline: "MPAA Shuts Down Entire Town's Muni WiFi over a Single Download," when it wasn't a whole town, the MPAA wasn't apparently involved, and the shutdown was by the county, which didn't have to do so. The MPAA told MediaPost that it "didn't ask for the network to be shuttered."

What's likely here is that the county overreacted, and decided to limit any potential liability immediately, even though no sanctions or actions were apparently threatened by Sony (or the MPAA). In similar cases, private and governmental bodies have simply said, "Whatever" or turned to groups like the EFF for support.

Update: The network was brought back up on Friday. Sony received a number of complaints about its actions, despite not actually having asked the county to turn its network off. Sony reportedly emailed the county, and must have said it wouldn't pursue any action, which led to the county turning the network back on.

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