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Originally Posted by gideongallery
that the fucking point moron you can
which means the abuse it and lose it penalty only applies to NON pirates sites misrepresented as pirates sites.
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So a non pirate site, will have to prove it's anon pirate site and sue the company or person making the accusation.
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the current DMCA has an even greater liablity because it doesn't have the reasonable condition
66% of all takedown requests are bogus according to independent research
that thousands of bogus takedowns
all with a penalty which is way stronger then the one in this bill
if the current penalty doesn't stop abuse
why the fuck do you believe that an even weaker one going to do a better job
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Because the current penalty isn't enforced. No unenforced law is worth squat, if this new law isn't enforced. Then it's all meaningless.
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only if they want to lose the immunity
but here is the totally fucked up part as you just pointed out, if it unreasonable to accept the liablity the host,not the copyright holder who made the bogus complaint is on the hook.
there is no clear penalty for the copyright holder who abuses the law.
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And you know this as a lawyer?
Making libelous accusations, which they would be, carry very stiff penalties.
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i have said what i want if you accuse an innocent site, you lose your copyright
that fixes the problem instantly because the legitimate copyright holders who fear that they will "accidentally" wipe an innocent site from the internet will make sure the procedures guarrentee that they can't make that mistake
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So stand for congress and get this passed. What you want is pretty well meaningless.
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look at the DMCA
if you added two conditions to the take down
1. undentify the copyright material that you own that is being infringed
2. document the start and end time of the infringing use
universal would not have had a valid takedown to the mega upload song
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DMCA is for individual copyright holders to police other peoples sites and remove only the content they own. 24 hours later, it magically reappears. DMCA even the way you describe it is useless. The onus should be on the site owner to police his site, his business, his content. By hitting the whole site with a 100% take down notice, the owners will be far more cautious about what they allow on their site.
If they can't afford to police "user uploads" the simple measure is to not allow them.
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and if the penalty for knowingly filing an incomplete or bogus takedown notice was the right of the host or the accused to file a request to void the copyright (assuming the copyright holder refuses to settle)
then you can bet universal would not have done the shit they did
putting the penalty in place
make the legit copyright holder figuire out what process needs to be because they will do just enough to make sure that they don't lose their copyright and nothing more.
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If the site is 90% pirated. What's wrong with taking down the whole site?
But as I said, you have no chance of effecting how the law is written. If it contravenes the Constitution. You will have no say in getting it changed, taking it to court, maybe to the Supreme Court.
You're a sheet hanging on the washing line, being blown by the wind. You can't change it. You can hope it will get changed, hope it will not pass or hope it will not be enforced. But when it's passed you will be blown along by it, best thing you can do is change to use the wind. Turn yourself into a windmill.
At the moment this is you.
And the wall isn't taking any notice.
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Originally Posted by scottybuzz
LOL I notice those who support this bill also have serious trust issues with the US government. (DWB, etc)
You will end up being bitten hard. The government successfully bans pirate sites because of piracy? Next it will attack porn because of "brainwashing of children" or some other bullshit reason. Can't you see where things like this will lead?
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As online porn takes no measures to stop children accessing porn online. They might do that. It's a legitimate reason. Then what happens?
Maybe we go back to pre Internet days of people having to actually buy porn. So the porn business won't die. It will get a new rebirth and rise like a phoenix.
Or are you saying they will take it back to pre 1950s era?
Of course some traffic pushers will be screwed. Pornographers will party.
In reality it won't wever happen. But like you I can dream. And yes you're dreaming.