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SOPA (maybe?) DroppedFollow

#77 Jan 20 2012 at 5:33 AM Rating: Good
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PigtailsOfDoom wrote:
I don't really get legally what he did wrong. He did not provide the copyrighted material. He made money off of ad revenue, not the material itself. How does that violate copyright laws?


As mentioned above, he provided access to the copyrighted material, and made money doing it.

That's pretty clear grounds for prosecution in the United States, it's just the whole .com thing is weird to me. I understand how DNS works and how the .com was essentially "run by" a US company, but if that's the one relation it's still a pretty weak thing to extradite for.
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#78 Jan 20 2012 at 9:12 AM Rating: Good
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I think it's a case of my government being pussy whipped by yours. It's ********* I don't really see how the US can claim jurisdiction over .net domains.


I think what this whole situation needs, is for Tim Berners-Lee to come out and say he copyrighted the whole web, and sue the US government.
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#79 Jan 20 2012 at 9:15 AM Rating: Excellent
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Nilatai wrote:
I think what this whole situation needs, is for Tim Berners-Lee to come out and say he copyrighted the whole web, and sue the US government.
We'd get the Disney lawyers and lobbyists, and if there's anyone that knows how to manipulate the copyright laws ...
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#80 Jan 20 2012 at 9:21 AM Rating: Excellent
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Raolan wrote:
MegaUpload is a perfect example. MU is a file hosting site, nothing more. They have no clue what is contained in the vast majority of files being hosted.

That's not necessarily true. It's no secret that the site was used consistently for the exchange of illegally copied material. I'd assume the state would make a case showing a long history of take-down requests from copyright holders and other evidence showing that it's reasonable to believe that the hosts (A) were aware of the wealth of illegal material and (B) made only token efforts to do anything about it.

Mere ignorance isn't an excuse from liability in any event. If a bunch of kids have a party at my house and are drinking, doing drugs and **** fighting, I have liability even if my excuse is "Gee, I didn't know." It's even worse when the state can prove I bought a bunch of booze, chicken feed and have a long history of documented complaints against me.
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#81 Jan 20 2012 at 9:32 AM Rating: Excellent
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I guess you should just pass SOPA & PIPA then. I mean, look at youtube! It's been getting away with sharing copyrighted material for years! They should be held accountable damn it!
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#82 Jan 20 2012 at 9:38 AM Rating: Good
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I agree that knee-jerk reactions are the best and there should be no middle ground between complete government shutdowns and rampant, ignored violation of the law. We should celebrate this wise accord.
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#83 Jan 20 2012 at 9:39 AM Rating: Good
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We should celebrate this wise accord.
I'll bring the butter!
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#84 Jan 20 2012 at 9:44 AM Rating: Excellent
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Smiley: laugh
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#85 Jan 20 2012 at 9:50 AM Rating: Good
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Jophiel wrote:
I agree that knee-jerk reactions are the best and there should be no middle ground between complete government shutdowns and rampant, ignored violation of the law. We should celebrate this wise accord.

Yaay, I'm glad we agree. Everything stays the same. Smiley: yippee


You do see how what you're saying is the same as what SOPA/PIPA are advocating, though, right? That website owners are responsible for the actions of it's users? That is, if they don't police everything their users share.

I mean, with things like MU and youtube, copyright infringements are dealt with according to the DMCA. Which requires the holder of the copyright to make a claim against it. Are you suggesting this isn't good enough?


I like this talk.
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#86 Jan 20 2012 at 10:03 AM Rating: Excellent
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Nilatai wrote:
You do see how what you're saying is the same as what SOPA/PIPA are advocating, though, right? That website owners are responsible for the actions of it's users? That is, if they don't police everything their users share.

I don't think it's completely inappropriate. I think the bar for taking strong action was set too low and that the law needs some revision to protect the owners but the basic concept of "You're responsible for what goes on on your own property" is a valid one and should apply to web content as well.

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I mean, with things like MU and youtube, copyright infringements are dealt with according to the DMCA. Which requires the holder of the copyright to make a claim against it. Are you suggesting this isn't good enough?

I don't think it's "good enough" to place the entire burden for locating violations on your "property" on others, no. If you can't show some responsibility for what occurs on your property, then ultimately you'll wind up with liability. The best way to protect yourself from that liability is with a pro-active attempt at policing it rather than a smirk and a shrug.
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#87 Jan 20 2012 at 10:19 AM Rating: Excellent
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Jophiel wrote:
Mere ignorance isn't an excuse from liability in any event. If a bunch of kids have a party at my house and are drinking, doing drugs and **** fighting, I have liability even if my excuse is "Gee, I didn't know." It's even worse when the state can prove I bought a bunch of booze, chicken feed and have a long history of documented complaints against me.
Chicken feed threw me off until I realized where my mistake was.
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#88 Jan 20 2012 at 10:29 AM Rating: Good
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Jophiel wrote:
Nilatai wrote:
You do see how what you're saying is the same as what SOPA/PIPA are advocating, though, right? That website owners are responsible for the actions of it's users? That is, if they don't police everything their users share.

I don't think it's completely inappropriate. I think the bar for taking strong action was set too low and that the law needs some revision to protect the owners but the basic concept of "You're responsible for what goes on on your own property" is a valid one and should apply to web content as well.
That simply makes it far too expensive to actually run any kind of content sharing website. Which is, ultimately, the end goal here.

Jophiel wrote:
Quote:
I mean, with things like MU and youtube, copyright infringements are dealt with according to the DMCA. Which requires the holder of the copyright to make a claim against it. Are you suggesting this isn't good enough?

I don't think it's "good enough" to place the entire burden for locating violations on your "property" on others, no. If you can't show some responsibility for what occurs on your property, then ultimately you'll wind up with liability. The best way to protect yourself from that liability is with a pro-active attempt at policing it rather than a smirk and a shrug.

Why not? That is what is outlined by the DMCA.
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#89 Jan 20 2012 at 10:36 AM Rating: Excellent
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Jophiel wrote:
Nilatai wrote:
You do see how what you're saying is the same as what SOPA/PIPA are advocating, though, right? That website owners are responsible for the actions of it's users? That is, if they don't police everything their users share.

I don't think it's completely inappropriate. I think the bar for taking strong action was set too low and that the law needs some revision to protect the owners but the basic concept of "You're responsible for what goes on on your own property" is a valid one and should apply to web content as well.

Quote:
I mean, with things like MU and youtube, copyright infringements are dealt with according to the DMCA. Which requires the holder of the copyright to make a claim against it. Are you suggesting this isn't good enough?

I don't think it's "good enough" to place the entire burden for locating violations on your "property" on others, no. If you can't show some responsibility for what occurs on your property, then ultimately you'll wind up with liability. The best way to protect yourself from that liability is with a pro-active attempt at policing it rather than a smirk and a shrug.


I haven't exactly sorted out my own feelings on the issue, so I'm just spit-balling here:

What about an analogy to say, phone companies? Phone lines are used to perform criminal actions too...should Verizon be charged for crimes committed via telephone? Do they need to police their own lines?

Feel free to chop this argument down if it's completely off base. I didn't have time to give it much proofreading before I put it to text.

Edited, Jan 20th 2012 11:37am by Eske
#90 Jan 20 2012 at 10:49 AM Rating: Excellent
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Verizon is not extensively or primarily used for criminal chatter. Nor is the local coffee shop, for instance. I've said I don't support the pending legislation because I think it sets the bar too low; a news site shouldn't be shut down because of a few potentially violating comments in the forum section.

A bar that served primarily as a front operation for coordinating illegal activity would likely be shut down and prosecuted, though. Even if the bartender says "Golly, who knew?"

Edited, Jan 20th 2012 10:50am by Jophiel
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#91 Jan 20 2012 at 10:55 AM Rating: Excellent
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Nilatai wrote:
That simply makes it far too expensive to actually run any kind of content sharing website.

I don't know that that's actually true although I'm sure any content-sharing site would be benefit from the perception.

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Why not? That is what is outlined by the DMCA.

Because I don't think it does an adequate job of protecting the copyright holders. I find it a little ironic that it's "too expensive" for someone to police their own patch of internet real estate but it's expected for a copyright holder to find every dusty corner of the net and sweep it out themselves if they want their legal protections to be honored.

Do you think that people who produce creative works should have their works legally protected? If so, what solution do you propose? The current situation obviously does little to prevent the exchange of illegally copied material.

Edited, Jan 20th 2012 10:56am by Jophiel
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#92 Jan 20 2012 at 10:57 AM Rating: Good
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Jophiel wrote:
Raolan wrote:
MegaUpload is a perfect example. MU is a file hosting site, nothing more. They have no clue what is contained in the vast majority of files being hosted.

That's not necessarily true. It's no secret that the site was used consistently for the exchange of illegally copied material. I'd assume the state would make a case showing a long history of take-down requests from copyright holders and other evidence showing that it's reasonable to believe that the hosts (A) were aware of the wealth of illegal material and (B) made only token efforts to do anything about it.

Mere ignorance isn't an excuse from liability in any event. If a bunch of kids have a party at my house and are drinking, doing drugs and **** fighting, I have liability even if my excuse is "Gee, I didn't know." It's even worse when the state can prove I bought a bunch of booze, chicken feed and have a long history of documented complaints against me.


Except your house is a website with millions of people in it... Considering the number of pages on Megaupload I've seen removed, I'd say they were doing everything in their power to prevent people from sharing illegal content.
#93 Jan 20 2012 at 11:01 AM Rating: Good
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Jophiel wrote:
Verizon is not extensively or primarily used for criminal chatter. Nor is the local coffee shop, for instance. I've said I don't support the pending legislation because I think it sets the bar too low; a news site shouldn't be shut down because of a few potentially violating comments in the forum section.

A bar that served primarily as a front operation for coordinating illegal activity would likely be shut down and prosecuted, though. Even if the bartender says "Golly, who knew?"

Edited, Jan 20th 2012 10:50am by Jophiel


Good point. I'm personally wary of them strongarming the few cases that they're able to prosecute, drumming up charges in order to compensate for their lack of presence and general inability to deal with online criminal issues. In this particular case, for example, I don't know why MU is being charged with "five counts of copyright infringement and conspiracy." I feel like it should be something more like "aiding and abetting."
#94 Jan 20 2012 at 11:06 AM Rating: Good
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Kuwoobie wrote:
Except your house is a website with millions of people in it...

...and?

If you can't properly police yourself for your growth, perhaps you should restrain your growth until you can find a solution. Allowing 150 people to party at your house doesn't make you less liable than allowing ten people.
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#95 Jan 20 2012 at 11:19 AM Rating: Excellent
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Apparently, Joph throws some pretty wild parties.
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#96 Jan 20 2012 at 11:22 AM Rating: Excellent
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Nah. It's 150 people discussing internet regulation.
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#97 Jan 20 2012 at 11:23 AM Rating: Excellent
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And **** fights.
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#98 Jan 20 2012 at 11:54 AM Rating: Excellent
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The entirety of Google could not police YouTube, the sheer volume of content they have uploaded every day would require a staff so large that it would be impossible to turn a profit. I will give them that they are pretty good about taking stuff down once it's found, but that relies on the users reporting it.

If you think webmasters should be responsible for the content of what other people post, think of it this way. I'm a pissed customer because I think you and your website screwed me over. So I post infringing content on some obscure part of your website and report you. Your fault because it's your website, you get in trouble. You're still online? I do it again. You're in trouble again. Doesn't take long before a single disgruntled customer destroys your business because you're required to police something you have absolutely no control over. Think back to the origins of Alla and EQ. Alla wouldn't be here.

What about privacy policies of these websites? I've never used MU so I can't speak to their policy, but many upload websites unofficially tell you to encrypt everything before you upload it. How are they supposed to monitor encrypted content? Also when a company tells you they are going to go through everything you upload with a fine tooth comb, how much business do you think they're going to do?

Keep in mind the type of people you're dealing with. If possible, the MPAA would take down anything with more than two consecutive frames and the RIAA would take down anything with a musical note, since it likely infringes on something, somewhere, that maybe someone might think of and they could make money off of, maybe.

As far as stopping piracy, it's impossible. Digital content is data, nothing more, and you can't filter ones and zeros from other ones and zeros without some very serious monitoring that nobody in the US would stand for. The only way to decrease piracy is to remove the incentive of doing so, but that would require a change in the business model.

Many people are learning to use the internet to their advantage and they are giving their work away for free, becoming very popular in the process. Then future works are set at very reasonable prices. What they are finding is that people are willing to pay for work as long as it's at a reasonable price. Unfortunately this cuts Hollywood out of the picture and Hollywood is actively trying to stop it. They don't like the fact that they can't get rich riding the coattails of talent anymore.

If you honestly think this is about the artists or anyone other than the music and movie industry lining their pockets, you need to do a little research into the history of this stuff.
#99 Jan 20 2012 at 12:02 PM Rating: Excellent
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So your argument is that the legal copyright holders should have no practical recourse to violations of their protections?

Sorry, can't get behind that and that's precisely the argument that makes people blow off worrying about things like SOPA/PIPA. It's like the pothead who'll go on for ages about how industrial hemp would save the world and it's all a big business conspiracy and the government should stop cracking down on it when, in reality, he just cares about getting high.

Edited, Jan 20th 2012 12:02pm by Jophiel
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#100 Jan 20 2012 at 12:10 PM Rating: Good
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Jophiel wrote:
So your argument is that the legal copyright holders should have no practical recourse to violations of their protections?


At the destruction of the internet? No. If you're going to use the tools to promote yourself, understand the potential consequences of doing so. Change your business model.

And you're thinking this is meant to protect the little guy, it's not. This is meant to protect Hollywood. The little guys are learning how to use it to their advantage.

Quote:
It's like the pothead who'll go on for ages about how industrial hemp would save the world and it's all a big business conspiracy and the government should stop cracking down on it when, in reality, he just cares about getting high.


Since I can take the moral high ground on this issue, no, it's really not like that.

Edit: I do feel that copyright holders have a right to protect their content, but not at any cost.

Edited, Jan 20th 2012 8:12am by Raolan
#101 Jan 20 2012 at 12:15 PM Rating: Decent
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Raolan wrote:
At the destruction of the internet? No. If you're going to use the tools to promote yourself, understand the potential consequences of doing so. Change your business model.

And you're thinking this is meant to protect the little guy, it's not. This is meant to protect Hollywood. The little guys are learning how to use it to their advantage.
How would you propose they do that?
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