Legitimate speech being blocked by a DMCA takedown notice does not equate to a violation of someone's First Amendment rights.
You're right, except the truth is the exact opposite of that. Legitimate speech being blocked by a DMCA takedown, illegitimate or otherwise is a violation of that entity's free speech rights. Speech is communication. Audio, video, it is all communication. Cases like these are just exploiting the loophole in the DMCA which allows for consequence-less illegitimate takedown notices to be filed and served.
It's private action on a private website.
And that's the problem which really lies at the heart of the matter. Internet takedowns should really take place in court. It's the only way to make sure this gets handled fairly. Currently, as Mike repeatedly asserts, the law operates on a 'guilty until proven innocent' basis, which as you know is contrary to the entirety of American law.
"Getting the TSA to act within the law is important not only because it is essential to have the rule of law, but because the legal procedures TSA is required to follow will require it to balance the costs and benefits of its security measures articulately and carefully."
LOL, like that's ever gonna happen. I, for one, am not holding my breath. Our Gov't has shown repeatedly that they believe they're above the law and become indignant when anyone suggests that this might be the case.
Also, good on those at TSAComment.com, hopefully they're able to have an impact.
Re: Re: Re: Re: Re: Re: Re: Re: It sounds like someone needs to be fired
Actually, it's that we, the public(we stand to lose the most) have a vested interest in the crafting of this treaty or whatever you want to call it. Senator Wyden is simply using his position to call out on our behalf.
Re: Re: Re: TechDirt totally out of touch about how much patents pay for innovation
All well and good, except his example isn't all that extreme. Absurd, yes, but the obviousness is blinding, and that's the whole point. People patenting obvious things because the patent researchers are either incompetent or willfully ignorant.
And then incompetent judges upholding them. Truly blind leading the blind.
See, that's the bullshit. The pirate sites have zero costs to create the content, and they make money on selling "fast access" and such. They don't make enough to pay for the content. It is disloyal competition at it's finest.
No, that's bullshit. Delaying access in today's world is an idiot move. "Fast Access" as you put it is available ubiquitously. If they'd only embrace it. Companies like Netflix and Amazon are there if one day, they decided it would be ok.
Switching business models to counter this would pretty much spell the end of higher end content. There just isn't enough money at the bottom to make it work. Consider the 150 million with mega... that was about 30 million a year, which wouldn't pay for a single hollywood movie or even part of a season of CSI or whatever.
I'm sorry, but you're going to have to create new online services and spend quite a bit of money if you want to sustain this model of distributing "seasons" and "shows" online. Oh wait. Netflix, Amazon, iTunes. What the fuck? The entertainment companies couldn't come to a deal for quick releases to these distributors? I wonder how much it's costing the entertainment companies every day.
The only extent anyone has over initial distribution is its first showing. Once it's out there, anyone can do what they like with it. Welcome to life. It's unfair and it sucks. Deal with it.