EFF On IsoHunt: Bad Facts Make Bad Law

from the don't-get-distracted dept

As Gary Fung is seeking a rehearing of the IsoHunt case in the 9th Circuit, two amicus briefs were filed yesterday. The first from the EFF and the second from Google. Neither brief suggests that Fung should get off as innocent, or that he did nothing wrong. Rather, both are worried about how the broad ruling by the court for the specific situation regarding Fung and IsoHunt will lead to further abuse by copyright holders and massive chilling effects on service providers. The EFF notes that while Fung/IsoHunt may have been bad actors, it appears that the court used this to go way overboard in creating new and dangerous standards for copyright.
This Panel Opinion is a classic case of bad facts making bad law. Amicus Electronic Frontier Foundation does not file this brief to dispute the Court's factual conclusions regarding the conduct at issue in this case. However, the Panel Opinion went far beyond what was necessary to address that conduct. As a result, it has created new legal uncertainty for online service providers and their customers, undermining over a decade of legislation and jurisprudence designed to help reduce that uncertainty. A predictable legal environment has proven to be crucial not only the growth of the Internet generally, but the growth of innovative platforms for free expression, in particular. This case should not provide a vehicle to impede that development.
In particular, they're quite (reasonably) worried at the court's broad interpretation of causation here, in which the court suggests that the most minor example of inducement can lead to liability for all infringement, even if the site had nothing to do with it.
Most important, the Panel Opinion adopts a "loose causation theory" that disconnects the scope of inducement liability from the defendants' acts—raising the troubling possibility that a single inducing act (such as a message to one customer) could open the floodgates to liability for third-party infringement entirely unrelated to that act. The Opinion's loose causation theory conflicts with fundamental common law principles of proximate cause essential to both predictability and fairness. The Panel's decision to depart from those principles was apparently based on the unfounded assumption that the Supreme Court's decision in Metro-Goldwyn-Mayer Studios Inc. v. Grokster, Ltd., 545 U.S. 913 (2005) requires it. Not so. First, Grokster expressly recognized that secondary liability under copyright derives from common law principles. Second, given that Grokster's specific inducement standard was imported from patent law, it is more likely that the Court also intended to import the analytical framework patent law applies where, as here, a service is capable of both infringing and non-infringing uses.
Meanwhile, Google's focus is on the question of "financial benefit directly attributable" from infringing activities. The DMCA, of course, includes that as one of the prongs for testing whether or not a site gets safe harbor protections. Most courts have found that indirect profits don't make you lose safe harbors: i.e., if you're just making money on ads from a page that has infringing content, that's not "directly attributable". Most people recognize that for it to be "directly attributable" then it needs to be something like actually selling the infringing content, and the direct profits from that action need to be shown. Instead, copyright maximalists have tried to argue that if you have infringement on a site and some money is made (i.e., there are ads or affiliate links) then, that violates that prong of the test and you lose your safe harbors. Most courts have realized that's crazy. But the Fung ruling went very close to the maximalist view, and that (quite reasonably) has Google concerned. Specifically, it's concerned that the ruling could be read to mean that any "influence" a site has over content means it's liable for all of the content on the site:
There is a danger that this passage could be misconstrued to stand for a broader proposition that we do not believe the panel intended: that any time an online service provider is found to have exercised "substantial influence" over any user-submitted content on its service—no matter what that finding was based on—it thereby loses its DMCA safe harbor protections for all user-submitted content on the entire service. This is how some copyright plaintiffs have already tried to read the panel's ruling. In a recent submission to the Southern District of New York in the Viacom v. YouTube case, for example, the plaintiffs have asserted, citing the panel opinion, that this Court “made clear that where DMCA eligibility is unavailable due to the right and ability to control prong of the safe harbor, the DMCA defense is broadly lost as to all clips in suit.” Ltr. from Paul M. Smith to Hon. Louis L. Stanton at 2 (March 22, 2013) (attached as Ex. 1).
As Google right notes, this would lead to "absurd results."
Imagine, for example, a video-hosting service that was otherwise eligible for the section 512(c) safe harbor, but that on one occasion commissioned a particular user to upload a video that, unbeknownst to the service, turned out to be infringing. A court might conclude that the service exerted a “substantial influence” over that instance of infringement and, if the service earned a direct financial benefit from it, there would be grounds for denying the safe harbor for a claim based on that video. But it would make no sense to thereby disqualify the service provider from DMCA protection across the board—even for countless other videos whose posting it did not control or from which it earned no benefit.

Likewise, consider a search engine eligible for protection under the section 512(d) safe harbor for linking to infringing material online. If one of the millions of links provided by the search engine pointed users to infringing material that had been authored by the search engine itself and that users were charged to view, a finding of control plus financial benefit might be warranted for that particular link. But, again, there would be no plausible basis for categorically depriving the service of the safe harbor for the millions of unrelated links it delivers to material that it does not control or financially benefit from.
But, of course, that's crazy (even if it's exactly what many maximalists actually do seem to want). Hopefully, the court is willing to revisit these issues and recognize that its original ruling went overboard because of the situations in this case, and that could unfairly mess up other legitimate offerings.




Reader Comments (rss)

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    Ninja (profile), Apr 16th, 2013 @ 7:15am

    I find it ok. As long as it's applied retroactively to the MAFIAA as well.

    All smaller stances of non-compliance with the DMCA should make them automagically lose all others and be forced to pay the maximum damages possible, no? But the MAFIAA has nothing to fear, no? They never ever screwed up any artist, right? They never incurred in copyright infringement, right?

    Hypocrites.

     

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    Anonymous Coward, Apr 16th, 2013 @ 8:14am

    Most people recognize that for it to be "directly attributable" then it needs to be something like actually selling the infringing content, and the direct profits from that action need to be shown. Instead, copyright maximalists have tried to argue that if you have infringement on a site and some money is made (i.e., there are ads or affiliate links) then, that violates that prong of the test and you lose your safe harbors.

    This is just what piracy apologists would love to see and the court rightly has recognized the problem. This direct attribution theory would enable a website dedicated to infringing activity to immunize itself by offering a single non-infringing work. No rational court will ever accept this happening.

     

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      PaulT (profile), Apr 16th, 2013 @ 8:27am

      Re:

      "This direct attribution theory would enable a website dedicated to infringing activity to immunize itself by offering a single non-infringing work."

      Whereas people like you would prefer a completely law abiding site to be shut down because of a single infringing work that they had no knowledge of, because they might have made some revenue in a tangential, indirect way.

      See, I can exaggerate too. Sadly, you'll probably just call me names because I don't see why sites that don't offer the content should be shut down for infringement. But then, I'm also someone who pays for content, not the "piracy apologist" figment of your imagination that you're obsessed with attacking.

       

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        Anonymous Coward, Apr 16th, 2013 @ 9:05am

        Re: Re:

        That's why I liked the "dedicated to infringing activity" judicial standard in SOPA. It clearly targeted operations like IsoHunt and prevented others engaged in minor or accidental infringement from being swept up.

        Just paying for content (assuming actually you do) doesn't mean you're not a piracy apologist. You and others here have a long history of excuse-making and defending the looters and criminals who illegally monetize the copyrighted creative output of others for their own personal gain.

         

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          Anonymous Coward, Apr 16th, 2013 @ 9:11am

          Re: Re: Re:

          It didn't "clearly" do anything as "dedicated to infringing activity" is rubberbanding for the judges to flesh out...

           

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          Beech, Apr 16th, 2013 @ 9:17am

          Re: Re: Re:

          But who gets to decide what's "dedicated to infringement"and what isn't? In sopa it was whatever company wanted to cut off a websites funding sans any kind of hearing. Now if it was a judge and/ or jury deciding in an adversarial hearing... Well that's something I don't think too many people would mind.

           

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            Anonymous Coward, Apr 16th, 2013 @ 9:26am

            Re: Re: Re: Re:

            But who gets to decide what's "dedicated to infringement"and what isn't? In sopa it was whatever company wanted to cut off a websites funding sans any kind of hearing. Now if it was a judge and/ or jury deciding in an adversarial hearing... Well that's something I don't think too many people would mind.

            You simply don't know what you are talking about. SOPA required a judicial decision that a site met the standard of "dedicated to infringing activity". The hearing was pursuant to the Federal Rules of Civil Procedure and the defendant website had all of the rights as any other civil litigant- including the right to defend themselves at an adversarial hearing.

            And remarkably, people did mind. Because, like you; they were blinded in the FUD storm and duped in to believing what you currently believe.

            Glad to have made a convert. Welcome!

             

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              Ninja (profile), Apr 16th, 2013 @ 9:46am

              Re: Re: Re: Re: Re:

              Indeed there were some improvements towards the end. But why see the plethora of absurdities and broad wording in SOPA when we can focus on some smaller, pseudo-fixed point?

              PaulT has a point and your denial is rather telling. Google makes a pretty valid and sensible point along with EFF. Both of them recognize IsoHunt is at fault in some aspects and none of them are asking for the court to ignore it. They are, however asking the court not to ignore a long line of precedents and legislative stability and deliver a sensible, narrow ruling. The fact you don't like it doesn't mean it's not right.

               

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              Beech, Apr 16th, 2013 @ 1:32pm

              Re: Re: Re: Re: Re:

              Show me where that was in the bill, plz.

               

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          DannyB (profile), Apr 16th, 2013 @ 9:20am

          Re: Re: Re:

          > That's why I liked the "dedicated to infringing activity" judicial standard in SOPA.


          That is still not a precise enough definition.

          The deeper problem is that nobody believes you anymore. You are generally believed to be acting in bad faith because too often before you have used a nuclear weapon to kill a spider without concern for the vast collateral damage to the innocent people upstairs or many city blocks away.

           

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            Anonymous Coward, Apr 16th, 2013 @ 9:28am

            Re: Re: Re: Re:

            That's kind of the purpose of the hearing. Does the evidence prove a website was dedicated to infringing activity or not? How is that unreasonable?

             

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              Anonymous Coward, Apr 16th, 2013 @ 9:36am

              Re: Re: Re: Re: Re:

              How is that unreasonable?

              If there's any liability for piracy, then that ipso facto is unreasonable to the Techdirtbaggers.

               

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                Josh in CharlotteNC (profile), Apr 16th, 2013 @ 10:49am

                Re: Re: Re: Re: Re: Re:

                Nice strawman (and an ad hom). Try harder.

                Liability and even piracy are edge conditions over a fundamental disagreement over what government granted monopolies should cover, and how best to promote the progress of science, learning, culture, and innovation.

                My personal feelings are that there should be zero government granted monopolies over any type of culture, idea, or information. While it may have worked well before the advent of general purpose computers and global networks, it no longer works in today's world where information can be infinitely copied, transmitted, distrubted, to nearly everyone, for little or no cost.

                The issue is far more complex and nuanced than you will ever admit to.

                 

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                  Anonymous Coward, Apr 16th, 2013 @ 10:51am

                  Re: Re: Re: Re: Re: Re: Re:

                  Josh are you suggesting that a world should exist where the rich can't keep getting richer at the expense of the rest of us?

                  Apox on thee, pesant!

                   

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                    Josh in CharlotteNC (profile), Apr 16th, 2013 @ 11:29am

                    Re: Re: Re: Re: Re: Re: Re: Re:

                    Yeah, I'm horrible. I'll probably get called a communist for saying that. Well, when they're not calling me a teabagger or an anarchist, that is. The copyright apologists are so inept around here that they can't even keep their insults consistent.

                     

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              Anonymous Coward, Apr 16th, 2013 @ 10:25am

              Re: Re: Re: Re: Re:

              AC they cannot even decide if a site is 'dedicated to infringing activity' after a 5 year trial. What makes you think they can decide it in a short hearing?

              What needs to happen is the MPAA/RIAA need to compete with the 'pirates'. My downloading of films and TV has dramatically reduced since I got netflix, in fact most of my friends who used to torrent everything have netflix and torrent less.

               

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          PaulT (profile), Apr 19th, 2013 @ 3:51am

          Re: Re: Re:

          Why yes, I do have a history of morons like yourself completely misrepresenting or misunderstanding my points in order to attack those who disagree with you and the dinosaurs you obsessively defend even as they destroy their own marketplace. Thanks for noticing.

          Sadly, you're too stupid to understand my actual opinions, which is why you launch moronic attacks like this. My ACTUAL statements tend to be either supporting new business models, pointing out that time is better spent offering content legally rather than trying to bankrupt or alienate your own customers and defending technology from those too stupid to understand it.

          If that makes me a "piracy apologist", so be it - but don't pretend for a second that anyone else uses the same bullshit definition you do. You've lied to yourself so much, you can't even recognise people who should be allies - we're actually going after the same thing you claim to (supporting artists and helping them make money). It's just that my words don't depend on pretending it's still the late 90s.

           

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      Rikuo (profile), Apr 16th, 2013 @ 8:48am

      Re:

      Hmm? Sorry you say something? I wasn't paying attention. I was too busy playing my brand new copy of Red Dead Redemption on PS3, after shelling out for a Turtle Beach Ear Force PX21 and DSS2. I'm also in the middle of buying components for a home server and another high end gaming PC (highly considering switching to Linux or Ubuntu now that I've noticed Nvidia have released drivers for those OS's).

      I'm not a piracy apologist. I'm a fuckin' realist. I take a good long hard look at the world and come to a conclusion based on what I see. I don't live in a fantasy world where you constantly hear things we don't say. I am willing to pay money if I, the potential customer, deem the potential product or service to be of good value. I don't see anything wrong with infringing copyright because I have yet to see any argument that convinces me that only one person or corporation should have a legal monopoly over certain works.

       

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        Anonymous Coward, Apr 16th, 2013 @ 9:19am

        Re: Re:

        I'm not a piracy apologist. I'm a fuckin' realist. I take a good long hard look at the world and come to a conclusion based on what I see. I don't live in a fantasy world where you constantly hear things we don't say. I am willing to pay money if I, the potential customer, deem the potential product or service to be of good value. I don't see anything wrong with infringing copyright because I have yet to see any argument that convinces me that only one person or corporation should have a legal monopoly over certain works.

        You are a piracy apologist; a thief and greedy, self-serving douchebag. You don't get decide what is worth paying for and what you can simply take for your personal enjoyment. These experiences which are offered in exchange for compensation are not yours to decide whether to pay for. No one makes you buy anything; if you don't want to pay, do without. But instead you unjustly enrich yourself because you have an issue with copyright. That's not how law and society works. I don't believe you anyway. You strike me as a cheap, greedy freeloader who takes things of value because you can.

         

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          Anonymous Coward, Apr 16th, 2013 @ 9:34am

          Re: Re: Re:

          ou strike me as a cheap, greedy freeloader who takes things of value because you can.

          Just the way Pirate Mike likes 'em.

           

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          Anonymous Coward, Apr 16th, 2013 @ 9:39am

          Re: Re: Re:

          I thought you didnt read his posts?

           

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          Rikuo (profile), Apr 16th, 2013 @ 9:43am

          Re: Re: Re:

          What is you don't believe? That I have games consoles and love to play games?
          http://imageshack.us/photo/my-images/35/img1893u.jpg/
          http://imageshack.us/photo/my-images/ 42/img1895br.jpg/

          The first link is my gaming computer. I built it myself, after ordering and paying for all the parts. I was happy with paying because I deemed the prices being asked to be good value. I spent over 2000 euro on that one. I'm also planning on a home server with 20TB worth of hard drives, that also will set me back over 2,000 euro, plus a new gaming rig, this time all top of the line parts with full liquid cooling, rough estimate being 3-4 thousand euro.
          The second link is just a random sampling of my PS3 and DS/3DS games. Yes, I do have a PX21 headset and DSS2. Liking them both so far. I used to have real 5.1 headsets but the simulated surround sound I get with this setup is far superior, since there isn't eight speakers jammed next to my ears.

          o...how am I cheap and greedy? I've previously linked to my Steam account, and I have no problem with buying new games - I just love the option of being able to buy used (in fact, just yesterday I bought the Uncharted trilogy used for 60 euro. Would have been much higher if they were new).
          So go on. Tell me again. How is it that I, a hard-working, tax-paying member of society doesn't get to determine what is good value for my money? I deem digital data to have a price of 0 because its well, digital. Freely copyable data, infinite in number. Once infinite in number, the price for a copy is zero. However, THAT DOES NOT MEAN I DO NOT PAY. Steam offers freely copyable digital games for a price and I GLADLY pay, when the price is just right and I feel I am getting enough bang for my back.


          So...have I shut you up for good? I've just countered EVERYTHING you say about us here at Techdirt. Want to continue calling me a thief?

           

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            MrWilson, Apr 16th, 2013 @ 8:48pm

            Re: Re: Re: Re:

            Maximalist troll logic: If you still have enough money to eat, you must be a dirty thief and pirate because all your earnings are belong to the media companies.

             

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          Anonymous Coward, Apr 16th, 2013 @ 9:43am

          Re: Re: Re:

          I do do without. Stop insisting that I don't and demanding for laws that act like I don't do without because some artist can't afford another solid gold Humvee. You're not fooling anyone.

           

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          Anonymous Coward, Apr 16th, 2013 @ 9:49am

          Re: Re: Re:

          unjustly enrich yourself


          I'm tempted to 'Funny' this one. Is that the term the old media industry would suggest putting in a hypothetical
          expanded copyright law? I mean "unjustly enriching" does sound a lot more offensive than "looking".

          Looking must be just what you meant as Rikuo, while mentioning "copyright infringement" didn't mention anything other than viewing and previewing.

          Then again, Wonder bread may have been an injustice for diabetics...

           

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            Anonymous Coward, Apr 16th, 2013 @ 10:05am

            Re: Re: Re: Re:

            "Unjust enrichment" is an equitable concept that dates back many centuries and is still a very powerful legal maxim today.

             

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              Rikuo (profile), Apr 16th, 2013 @ 10:12am

              Re: Re: Re: Re: Re:

              What about when the game companies get paid BECAUSE of my infringement?
              Elder Scrolls V: Skyrim - infringed first, then later paid full price for it on Steam with DLC.
              Dragon Age: Origins - Ditto. (Need I mention again that the bought copy refused to let me use paid for DLC for two weeks because of DRM?)
              S.T.A.L.K.E.R. Clear Sky - I in fact bought this TWICE because I lost the first copy I bought.
              Batman Arkham City with DLC
              Deus Ex Human Revolution with DLC

              Just a small sample of how these game companies are being unjustly enriched thanks to my breaking copyright law.

               

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                Anonymous Coward, Apr 16th, 2013 @ 10:32am

                Re: Re: Re: Re: Re: Re:

                He will probably ask about all the shit games you downloaded and didn't buy (but were obviously worthless anyway).

                 

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                  Rikuo (profile), Apr 16th, 2013 @ 10:41am

                  Re: Re: Re: Re: Re: Re: Re:

                  To whit, the obvious answer is...unlike when I cheat in games, I don't have infinite money. If I was a millionaire, I'd pay for all my games, but as I'm just your average hard working member of society, I have only finite money to use. Therefore, not all the games I play are paid for.
                  Those developers who I don't pay? That just means I found your games worthless. As in, not worthy of my time or money. I paid for Xbox and PC copies of Mass Effect 1 and 2, but didn't even infringe for 3, because of how awful that one is.

                   

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              Anonymous Coward, Apr 16th, 2013 @ 10:12am

              Re: Re: Re: Re: Re:

              Sure, but that interpretation implies profitting or otherwise benefitting financially. Rikuo mentioned nothing of the kind in his post, merely viewing and previewing. In that context, 'unjustly enriching' is simply an absurd way of negatively qualifying "looking".

               

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          Ninja (profile), Apr 16th, 2013 @ 9:55am

          Re: Re: Re:

          You don't get decide what is worth paying for and what you can simply take for your personal enjoyment.

          Oh yes I do. You are the one that doesn't decide how much you want to charge or what you want locked up for your own benefit. Arrogant prick.

          These experiences which are offered in exchange for compensation are not yours to decide whether to pay for.

          Fair enough. I've learned to go without. Arrogant as it be. Still YOU DO NOT HAVE THE RIGHT TO LOCK UP AND PREVENT FURTHER CREATION OF CULTURE. So I will breach your right as long as you breach mine. And I haven't even started to talk about the successive copyright reforms you lobbied for without ever asking me for input to reach a balanced and fair agreement.

          That's not how law and society works.

          Indeed. And that's why nobody respect your bought laws. Because that's not how society works.

          You strike me as a cheap, greedy freeloader who takes things of value because you can.

          That's called projection in psychiatry. I advise you to look for a specialist because what you said actually applies to yourself. Your damned public domain freeloader. Stop using the musical note and writing system and chords, it's public domain and belongs to the public. What a preposterous thing to make works that rely heavily on the public domain and then locking it up behind your bought laws. Disgusting piece of rotten garbage.

          Ahem. Thanks.

           

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            Rikuo (profile), Apr 16th, 2013 @ 10:02am

            Re: Re: Re: Re:

            Can't believe that my reply to his accusation is being held in moderation. I linked to a couple photos I took of what I've bought. It encapsulates everything wrong with copyright maximilists - even when we play by the rules and pay money for the fuckin' things, we still get called thieves. In my case, I have proof.

             

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              Anonymous Coward, Apr 16th, 2013 @ 10:09am

              Re: Re: Re: Re: Re:

              Such a dramatic douchebag. It's held in moderation by an automatic filter that is likely designed to prevent spamming. But yeah, blame Mike's filter on the maximalists. You idiots are priceless. Where does Mike find you guys? Public restrooms and prisons, I suppose.

               

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                Rikuo (profile), Apr 16th, 2013 @ 10:14am

                Re: Re: Re: Re: Re: Re:

                Where did I blame Mike's filter on copyright maximilists? I know precisely why, it's because I had a couple links to a third party website and they just want to check its not spam.

                 

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              Anonymous Coward, Apr 16th, 2013 @ 10:22am

              Re: Re: Re: Re: Re:

              Even common shoplifters probably didn't steal everything in they have in their homes. That fact that you pay for some of your entertainment doesn't excuse the stuff you steal.

               

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                Rikuo (profile), Apr 16th, 2013 @ 10:30am

                Re: Re: Re: Re: Re: Re:

                Steal? Please, refer me to the legal doctrine that equates copying digital data with stealing. I'd love to have a read of it.

                 

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                  Anonymous Coward, Apr 16th, 2013 @ 11:05am

                  Re: Re: Re: Re: Re: Re: Re:

                  OK, unjust enrichment. Does that make you feel better about unlawfully taking things that don't belong to you?

                   

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                    Rikuo (profile), Apr 16th, 2013 @ 11:10am

                    Re: Re: Re: Re: Re: Re: Re: Re:

                    What? The hard drives? I paid for them?

                    Oh...you mean the games. Silly me, but last I checked, they were an arrangement of 1's and 0's on MY hard drives.
                    What is being taken? If I "take" a work from you and copy it on my computer, are you somehow harmed? Possibly, if I hogged up bandwidth if I copied it from your own computer, but not if I used bandwidth from someone else's, like a cyberlocker or a torrent. You still have your files. You still have every opportunity to try and convince me to buy.
                    Then again, I wouldn't pay for any of your works on principle alone. Knowing how you think, I'd have to agree to a licence where you can kick me in the nuts every time I played/turned a page/whaever. (Strange isn't it, how I've never been shown a licence agreement BEFORE I pay for content in a store?)

                     

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                    AC Unknown, Apr 16th, 2013 @ 11:47am

                    Re: Re: Re: Re: Re: Re: Re: Re:

                    "Unjust enrichment"
                    You keep using that term, I do not think it means what you think it means

                     

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                      Rikuo (profile), Apr 16th, 2013 @ 12:12pm

                      Re: Re: Re: Re: Re: Re: Re: Re: Re:

                      Precisely.

                      I'm not making any money when I infringe.
                      If by enrichment, he means I'm being mentally and emotionally stimulated by works...my god, the horror, the sheer nerve that I would better my experiences through consuming works. Quick, black out my eyes. Censor the works...wait, isn't that PRECISELY THE PROBLEM WITH COPYRIGHT?

                       

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                Anonymous Coward, Apr 16th, 2013 @ 10:40am

                Re: Re: Re: Re: Re: Re:

                This is what gets me about the people complaining on TD articles, every problem is based on piracy.

                There's never a consideration of the downturn in content quality or failure to provide what the consumer is looking for, piracy is always to blame.

                They sound like a bunch of politically-controlled sheep who can't see the details and choose to lash out about one problem that's been made into a major issue because of loaded language and bought politicians.

                Keep it up fellas, you make the rest of us look smarter.

                 

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                silverscarcat (profile), Apr 16th, 2013 @ 11:13am

                Re: Re: Re: Re: Re: Re:

                What's being stolen?

                 

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            Anonymous Coward, Apr 16th, 2013 @ 10:07am

            Re: Re: Re: Re:

            Oh yes I do.

            Thanks for proving that you are worthless human being who puts himself above others. Just like Pirate Mike likes 'em. You fit in quite well here, Ninja. You and the other worthless pieces of shit that Mike draws in by the droves.

             

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              Ninja (profile), Apr 16th, 2013 @ 10:28am

              Re: Re: Re: Re: Re:

              Oh puh-lease mr shiny beacon of holy light don't be shy, share with us your virtues then.

              I'll give you an example of why we the consumers decide the pricing: tomato prices skyrocketed here in Brazil recently to something around 8 times the usual prices. The response has been sounding: people stopped buying, tomatoes started decaying and resellers were forced to drop the prices down back to previous levels.

              The main difference between this scenario and your precious copyright is that you have a MONOPOLY. Govt granted. No competition. And you don't care about anything but your own profits even going as far as not paying the artists and or preventing them from further creating by keeping their stuff locked up. So there are two things happening: people are giving their money to their favorite artists ROUTING around you and/or plain infringing and downloading the content.

              Your fake moralism doesn't stick. I support my favorite artists. I just refuse to support a bunch of self-entitled thugs.

               

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                Anonymous Coward, Apr 16th, 2013 @ 11:09am

                Re: Re: Re: Re: Re: Re:

                The main difference between this scenario and your precious copyright is that you have a MONOPOLY. Govt granted. No competition. And you don't care about anything but your own profits even going as far as not paying the artists and or preventing them from further creating by keeping their stuff locked up. So there are two things happening: people are giving their money to their favorite artists ROUTING around you and/or plain infringing and downloading the content.

                Bullshit. There are plenty of substitutes as in your tomato example. Don't want to pay $10 for "Django Unchained"? Fine. Watch something else. Read a book, go to a play. There are tons of alternatives for your entertainment, just like there are alternatives to eating tomatoes.

                 

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                  silverscarcat (profile), Apr 16th, 2013 @ 11:15am

                  Re: Re: Re: Re: Re: Re: Re:

                  Yes, but unlike the tomato example, you still call him a thief when he's not.

                   

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                    Ninja (profile), Apr 16th, 2013 @ 11:57am

                    Re: Re: Re: Re: Re: Re: Re: Re:

                    By his standards I'm most likely a thief because I do experiment a lot of stuff without buying either because it's not worth or I haven't got the funds at the moment If it's not worth I'm never buying anyway, if it's worth I'll give it a shot trying to avoid the MAFIAA. If I haven't seen I'm not buying. But I see your point ;)

                     

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                    Anonymous Coward, Apr 16th, 2013 @ 12:02pm

                    Re: Re: Re: Re: Re: Re: Re: Re:

                    What does playing video-games and reading comic books have to do with my virginity?

                    Really, you have to ask?

                     

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                      Rikuo (profile), Apr 16th, 2013 @ 12:10pm

                      Re: Re: Re: Re: Re: Re: Re: Re: Re:

                      Can't even link your reply to the right comment?

                      I actually do ask, because I can't see how reading comic books or playing video games automatically disqualifies me from having sex. Unless somehow you think you're still in the 1980'sand the only people playing computer games and reading comics are virgins living in their mother's basement (FYI, I don't, I live in a pretty sweet 2 bed apartment)

                       

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                    Anonymous Coward, Apr 16th, 2013 @ 12:04pm

                    Re: Re: Re: Re: Re: Re: Re: Re:

                    It was actually Justice Bryer who made that statement first regarding infringement. I believe it was "garden-variety thief".

                     

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                  Rikuo (profile), Apr 16th, 2013 @ 11:16am

                  Re: Re: Re: Re: Re: Re: Re:

                  Bullshit. According to copyright, You and You alone have the legal right to distribute your work (unless you sell the rights). Telling someone not to read your work is pretty much the death knell for any author worth his or her salt - it proves you don't value your own work on its own merits, merely as a pay check.
                  If I don't like what Bob is offering for his tomatoes, I can go to Alice or Charlie and see what they're offering. It's tomatoes.
                  Not when I want to consume a specific work. Bioshock Infinite, for example, is being touted as being a great story, a modern critique on racism told in a pre-modern setting of sorts. I suppose I could go read Uncle Tom's Cabin, but its NOT THE SAME.

                   

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                    Ninja (profile), Apr 16th, 2013 @ 11:48am

                    Re: Re: Re: Re: Re: Re: Re: Re:

                    Thank you. Same about pretty much anything from cell phones to vacuum cleaners. And if you plant your tomato or build your own vacuum cleaner you won't get sued (I guess... with the patent madness I might be wrong and with the gene thing I might be wrong in the tomato realm too)

                     

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                    Anonymous Coward, Apr 16th, 2013 @ 12:06pm

                    Re: Re: Re: Re: Re: Re: Re: Re:

                    Yeah but they're all movies, just like they're all tomatoes. Maybe the Beefsteak variety is pricey. OK, go buy a Roma. You'll live.

                     

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                      AC Unknown, Apr 16th, 2013 @ 1:55pm

                      Re: Re: Re: Re: Re: Re: Re: Re: Re:

                      And then he'd still get called a "thief" by jerks like you and your paymasters.

                       

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                  Anonymous Coward, Apr 16th, 2013 @ 11:39am

                  Re: Re: Re: Re: Re: Re: Re:

                  Even if he did "read a book" or "go to a play" you think the big execs running the entertainment industry are going to stop ranting and exaggerating the effects of piracy?

                  Then again, you seem to be believing their bullshit, so why even ask.

                   

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              Anonymous Coward, Apr 16th, 2013 @ 10:33am

              Re: Re: Re: Re: Re:

              Wow you sound like one of those douches who supports a minority of financially wealthy dinosaurs who wish to keep thing sin their favor over the majority.

              Maybe that explains your distorted view of reality.

               

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          Niall (profile), Apr 17th, 2013 @ 4:42am

          Re: Re: Re:

          Oh yes, he's "thieving" money from your coprolite paymasters by spending it on tech hardware instead of 'consuming' your pap.

          Go suck on your own teat if you want it so bad...

           

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          PaulT (profile), Apr 19th, 2013 @ 3:54am

          Re: Re: Re:

          "You are a piracy apologist; a thief and greedy, self-serving douchebag. "

          Please provide your evidence for this, else accept that you are simply a stupid asshole, so obsessed with attacking anyone who doesn't bow down to your masters that you'll attack the very people who are paying them in the first place. It's sad that your type of delusional fool is the only type that is willing to defend these actions, that alone should be telling.

           

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      Anonymous Coward, Apr 16th, 2013 @ 8:50am

      Re:

      "The sign of a democracy is a society in which it is better that ten guilty men go free than one innocent man be gaoled."

       

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    Anonymous Coward, Apr 16th, 2013 @ 8:19am

    DMCA

    Yet another reason to ditch this law. It is not fair for any party, nor is it applicable to reality.


    The shoot first, ask questions later mentality of the DMCA flies in the face of common sense. Good job Clinton....


    Furthermore, just how many levels deep can you go with secondary liability. Why not just sue the entire world, I mean there's only a few degrees of separation between this guy and all of us, we must all be liable.

     

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    The Real Michael, Apr 16th, 2013 @ 8:23am

    Technically, if the court were to misinterpret the DMCA safe-harbor provisions to make first-parties liable for whatever breach of copyright was caused by a second-party, the copyright industries could, theoretically, incriminate ANY first-party simply by using their server to infringe upon their own copyrights.

    Think about that.

     

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    out_of_the_blue, Apr 16th, 2013 @ 8:26am

    Once again pirate mike supporting theft, a site dedicated to off loading stolen films/tv/music. It has no other use. this costs the economy billions of dollars yet somehow its free speach. typicalt

     

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      Anonymous Coward, Apr 16th, 2013 @ 8:36am

      Re:

      You missed out Google in your comment. But it would seem that you don't have a problem with them profiteering from ads when they have millions of links to pirate content.

       

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      Rikuo (profile), Apr 16th, 2013 @ 8:51am

      Re:

      *Whacks blue with a rolled up newspaper*

      Gee, blue is just a glutton for punishment isn't he? I wish I could be like Atticus Finch in "To Kill a Mockingbird" and be told there's a mad dog in the street, whereupon he calmly takes out a shotgun and squeezes the trigger.

       

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        out_of_the_blue, Apr 16th, 2013 @ 10:09am

        Re: Re: @ "Rikuo": "takes out a shotgun and squeezes the trigger."

        Should anyone reasonable wander in here, WATCH OUT for these kids. They're getting frustrated at inability to argue their pirate case and making actual physical threats:

        Gee, blue is just a glutton for punishment isn't he? I wish I could be like Atticus Finch in "To Kill a Mockingbird" and be told there's a mad dog in the street, whereupon he calmly takes out a shotgun and squeezes the trigger.


        Mike: it IS now nearly time for you to take responsibility and draw the line at outright threats.

         

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          Rikuo (profile), Apr 16th, 2013 @ 10:19am

          Re: Re: Re: @ "Rikuo": "takes out a shotgun and squeezes the trigger."

          So you're not refuting that you are a mad dog in the street, barking, yapping and biting at people's ankles?
          I wrote that knowing you wouldn't refute it. I wrote it because it is what you are, a mad animal who is destructive to those around him, mindless about the damage he causes as long as he gets to do what he wants.

          I've played by the rules. Everyone else here on Techdirt has, and all we get in return is you biting at our ankles and calling us thieves. Last I checked, that isn't exactly a way to encourage good behavior.

           

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            Anonymous Coward, Apr 16th, 2013 @ 10:24am

            Re: Re: Re: Re: @ "Rikuo": "takes out a shotgun and squeezes the trigger."

            You admit that you decide whether or not to pay for copyrighted content, then resent being called the thief that you are? Bizarre.

             

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              Rikuo (profile), Apr 16th, 2013 @ 10:28am

              Re: Re: Re: Re: Re: @ "Rikuo": "takes out a shotgun and squeezes the trigger."

              I resent it when, even after paying for Assassin's Creed II on PC (to name one example) I had to let their DRM constantly contact their servers, all to prove I had paid for it. Constantly. If their servers failed, I would be deemed a thief and locked out of the game.

              In a sane world, what I do makes perfect sense, because then only works of quality end up enriching their authors. Instead, we have a system where you must pay for every work, or be threatened with hundreds of thousands of dollars/euros and jail-time.

               

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                Anonymous Coward, Apr 16th, 2013 @ 12:10pm

                Re: Re: Re: Re: Re: Re: @ "Rikuo": "takes out a shotgun and squeezes the trigger."

                Oh shut up, you douchebag. You zeros are worthless thieves and EVERYONE knows it.

                All this blog does is make the case for more copyright enforcement. Nice job.

                 

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                  Rikuo (profile), Apr 16th, 2013 @ 12:15pm

                  Re: Re: Re: Re: Re: Re: Re: @ "Rikuo": "takes out a shotgun and squeezes the trigger."

                  Yes, go on proving my point. Go on and call for me, the paying customer, the guy who wants to give money in exchange for quality goods or services, to shut up and stop thinking. Yes, my complaining that I had to constantly prove I had bought a copy of ACII is just proof that it didn't go far enough - obviously it was too tame, obviously next time Ubisoft will demand blood samples and DNA testing, just to make sure (all at my own expense of course).

                   

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              Anonymous Coward, Apr 16th, 2013 @ 5:36pm

              Re: Re: Re: Re: Re: @ "Rikuo": "takes out a shotgun and squeezes the trigger."

              Call me whatever you wish. I'm still not paying you a single penny. You have no morals, therefore I have none toward you. Bitch all you like, you're still not getting paid.

               

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                Anonymous Coward, Apr 16th, 2013 @ 6:46pm

                Re: Re: Re: Re: Re: Re: @ "Rikuo": "takes out a shotgun and squeezes the trigger."

                Chances are about 100% that this AC has no financial stake in the stuff you steal, yet you grasp at this flimsiest of excuses to justify your own greed and dishonesty. You are simply a pathetic, freeloading, lowlife.

                 

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          Anonymous Coward, Apr 16th, 2013 @ 11:43am

          Re: Re: Re: @ "Rikuo": "takes out a shotgun and squeezes the trigger."

          Don't you have anything better to do?

          Does your boss know you spend all day trolling on this blog?

          Do you even have a job?

          Are you even a real person?

           

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    Anonymous Coward, Apr 16th, 2013 @ 8:36am

    considering the way that judges in almost all copyright cases rule so as to favour the copyright and entertainment industries, i think the court ruled this way intentionally. all the entertainment industries have tried to do, the courts have helped them to achieve. Google has been the 'bad boy' over so many things, their bringing of this to the attention of the courts will be seen as whining. the EFF part will be seen as being bias against the industries. both want to ensure there is fair play for both sides. it is the courts that are consistently viaing for the industries that are bias. those industries always report what wasn't true, what didn't happen and what the court said. they know full welkl that they are well over the mark, but still use the language similar to that used by Viacom against Youtube in the article. something i find strange is why the courts never correct what is being reported as what was said. to me that seems to indicate that the courts are content to be reported as saying something different and are happy that lies are said about them. if the truth were to be told instead of the extremes, things would surely be far easier to sort out

     

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    bob, Apr 16th, 2013 @ 8:42am

    One from Big Search and one from its lobbyist lackeys

    And somehow they both made it here.

    I love how Big Search likes to mix together accidental infringement with an ongoing business where the guys makes money day in and day out. Somehow there's no difference between a kid who infringes once on a school project and a massive assembly line for infringement like IsoHunt. We must let IsoHunt do whatever they want because, lord knows, we might somehow hurt a kid's chance to work on a school assignment.

    The law deals with intent all of the time and the law is not interested in de minimus. But IsoHunt is not de minimus. It was a big factory for large scale, industrial-grade infringement.

     

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      Rikuo (profile), Apr 16th, 2013 @ 8:52am

      Re: One from Big Search and one from its lobbyist lackeys

      "We must let IsoHunt do whatever they want because, lord knows, we might somehow hurt a kid's chance to work on a school assignment."

      You and your ilk lost all claim to a moral superiority when a young girl's Winnie The Pooh laptop was confiscated and the father was extorted for a few hundred quid to get it back.

       

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      Anonymous Coward, Apr 16th, 2013 @ 8:53am

      Re: One from Big Search and one from its lobbyist lackeys

      ...Yeeee-eeessss Because the MAFIAA are so unbiased.

       

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      Anonymous Coward, Apr 16th, 2013 @ 9:00am

      Re: One from Big Search and one from its lobbyist lackeys

      So why are you not screaming for the shutdown of Google. They are profiteering from the ads on their site and they have links to millions of infringing content (as per numbers of DMCA's they receive). Does it not say in your book that a website who receives a DMCA notice is knowledge that the website knows that infringement exists on the site and that as they are aware that infringement exists it is not subject to the safe harbour of the DMCA.

       

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        Anonymous Coward, Apr 16th, 2013 @ 9:11am

        Re: Re: One from Big Search and one from its lobbyist lackeys

        Again the scale of the operation is what is relevant. Google is not dedicated to infringing activity. As a portion of their base, infringement is a small percentage and they cannot be expected to perform at a 100% level. IsoHunt was dedicated to infringing with virtually every transaction implicating; but a flyspeck compared to Google's size. They clearly have the ability to exercise a greater measure of control.

        It's not too hard to see if you pull your head out of your ass and look.

         

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          Rikuo (profile), Apr 16th, 2013 @ 9:23am

          Re: Re: Re: One from Big Search and one from its lobbyist lackeys

          And yet, it's Google that receives the vast majority of DMCA notices. They're at what, 4 million a month now?
          In fact, according to this article
          http://torrentfreak.com/obsessed-with-google-copyright-holders-130415/

          Google received nearly 1.5 million DMCA notices for links to KickAssTorrents while KickAssTorrents itself received "only" just near 300,000.
          If infringing links are only such a small percentage, why is it Google being handed DMCA notices in record numbers when the actual websites they're being told not to link to are relatively unscathed?

           

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            Anonymous Coward, Apr 16th, 2013 @ 9:35am

            Re: Re: Re: Re: One from Big Search and one from its lobbyist lackeys

            And yet, it's Google that receives the vast majority of DMCA notices. They're at what, 4 million a month now?
            In fact, according to this article
            http://torrentfreak.com/obsessed-with-google-copyright-holders-130415/


            Thanks for making my point. Google's search volume is 100 BILLION per month. Do the math.

            http://searchengineland.com/google-search-press-129925http://searchengineland.com/google-se arch-press-129925

             

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              Rikuo (profile), Apr 16th, 2013 @ 9:50am

              Re: Re: Re: Re: Re: One from Big Search and one from its lobbyist lackeys

              Thanks for missing the point entirely.

              Copyright holders are screaming that KickAssTorrents is an evil evil piracy site. So instead of KAT receiving the vast overwhelming majority of DMCA notices, they instead dump a truckload of them at Google, merely for pointing people to where the torrents are. Oh yeah, and this is actually assuming the DMCA notices are correct in every way, which as we've seen here on Techdirt is not the case. Speech is taken down on the whim of those who can't get their own house in order.

               

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                Anonymous Coward, Apr 16th, 2013 @ 10:25am

                Re: Re: Re: Re: Re: Re: One from Big Search and one from its lobbyist lackeys

                Have you ever heard of a DMCA counter notice?

                 

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                  Ninja (profile), Apr 16th, 2013 @ 10:32am

                  Re: Re: Re: Re: Re: Re: Re: One from Big Search and one from its lobbyist lackeys

                  Content is taken down upon receiving a DMCA notice. Sometimes it takes over 2 weeks to reinstate it. How fair is that? Would you feel comfortable if you went to jail everytime somone accused you of any crime but you could leave in 2 weeks after filling some 'counter-notice'? Oh wait, I forgot you are the holy champion of light and you'd never be in the receiving end of an unjust accusation.

                   

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                  Rikuo (profile), Apr 16th, 2013 @ 10:35am

                  Re: Re: Re: Re: Re: Re: Re: One from Big Search and one from its lobbyist lackeys

                  Yeah...DMCA counter-notices don't do much good, especially for LittleKuriboh whose Youtube channel gets taken down on pretty much a regular basis.
                  A counter-notice helps deal with ONE accusation, and that's if the content is put back up at all. It does nothing to help with the second, third, fourth, ad nauseum accusations.

                   

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                    Anonymous Coward, Apr 16th, 2013 @ 11:03am

                    Re: Re: Re: Re: Re: Re: Re: Re: One from Big Search and one from its lobbyist lackeys

                    A counter-notice helps deal with ONE accusation, and that's if the content is put back up at all. It does nothing to help with the second, third, fourth, ad nauseum accusations.

                    As does a DMCA takedown notice,

                     

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                  Anonymous Coward, Apr 16th, 2013 @ 11:04am

                  Re: Re: Re: Re: Re: Re: Re: One from Big Search and one from its lobbyist lackeys

                  counter-notice

                  Yes, yes I have. And the system is grade-A Bullshit. The dispute should always be between the uploader and the "copyright" holder. At best, the service provider should be an intermediary.

                   

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            The Real Michael, Apr 16th, 2013 @ 3:19pm

            Re: Re: Re: Re: One from Big Search and one from its lobbyist lackeys

            This is akin to forcing Google Earth and similar map services to remove directions to specific places as a means of 'punishment.' Make any sense to you? Yeah, me either.

             

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          AC Unknown, Apr 16th, 2013 @ 11:49am

          Re: Re: Re: One from Big Search and one from its lobbyist lackeys

          Go start your own blog and get the heck outta this one. We know you don't like it here.

           

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          Mike Masnick (profile), Apr 16th, 2013 @ 12:15pm

          Re: Re: Re: One from Big Search and one from its lobbyist lackeys

          Again the scale of the operation is what is relevant. Google is not dedicated to infringing activity. As a portion of their base, infringement is a small percentage and they cannot be expected to perform at a 100% level. IsoHunt was dedicated to infringing with virtually every transaction implicating; but a flyspeck compared to Google's size. They clearly have the ability to exercise a greater measure of control.

          In the early days, the VCR was similarly "dedicated to infringing activity" as nearly every use was infringing. Should we have killed it?

          In the early days, cable TV was similarly "dedicated to infringing activity" as nearly every use was infringing.

          Ditto for the MP3 player. And the photocopier. And radio. And the DVR.

          You think we should have shut all those products down, rather than allow the markets to actually develop around them?

          It's not too hard to see if you pull your head out of your ass and look.


          You should try it.

           

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            Anonymous Coward, Apr 16th, 2013 @ 12:23pm

            Re: Re: Re: Re: One from Big Search and one from its lobbyist lackeys

            Odd, I thought we were talking about websites and search engines. Has Google ever been dedicated to infringing activity? No. Are most websites engaged in piracy? No.

            For someone who claims to be against piracy, you sure tie yourself up in some interesting knots defending it.

             

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              Rikuo (profile), Apr 16th, 2013 @ 12:29pm

              Re: Re: Re: Re: Re: One from Big Search and one from its lobbyist lackeys

              "Has Google ever been dedicated to infringing activity? No."

              You...actually admit Google isn't dedicated to infringing? Holy shit...I never thought I'd see the day.
              Well, if Google isn't dedicated to infringing...THEN WHY THE FUCK DO YOU AND YOUR ILK CONSTANTLY ATTACK IT?

               

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              Josh in CharlotteNC (profile), Apr 16th, 2013 @ 12:40pm

              Re: Re: Re: Re: Re: One from Big Search and one from its lobbyist lackeys

              Has Google ever been dedicated to infringing activity? No.

              Hmm. I don't seem to remember Viacom ever making that argument when they sued Youtube (owned by Google) for 1 billion dollars.

               

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                Anonymous Coward, Apr 16th, 2013 @ 1:51pm

                Re: Re: Re: Re: Re: Re: One from Big Search and one from its lobbyist lackeys

                Google may own YouTube, but YouTube is a different company than Google. Are being deliberately stupid?

                 

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                  Josh in CharlotteNC (profile), Apr 16th, 2013 @ 5:23pm

                  Re: Re: Re: Re: Re: Re: Re: One from Big Search and one from its lobbyist lackeys

                  Youtube is wholly owned and controlled by Google - at best, it is a separate brand of Google.

                  That's the best you've got? And a pitiful ad hom attack, too. Hilarious.

                   

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                    Anonymous Coward, Apr 16th, 2013 @ 6:41pm

                    Re: Re: Re: Re: Re: Re: Re: Re: One from Big Search and one from its lobbyist lackeys

                    God you are a dope. Do you think Comcast runs NBC/U's daily operations? Of course not. They have their own execs. You think GE ran NBC/U when they owned it?

                     

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              Mike Masnick (profile), Apr 16th, 2013 @ 1:01pm

              Re: Re: Re: Re: Re: One from Big Search and one from its lobbyist lackeys

              Odd, I thought we were talking about websites and search engines. Has Google ever been dedicated to infringing activity? No. Are most websites engaged in piracy? No.

              You were talking about things that YOU unilaterally declared "dedicated to infringing activity" and I was pointing out how when people like you declare such things, you often fail to recognize how many technologies really started out that way, but were allowed to grow into legitimate tools. But, rather than let that happen, you want to shut them down.

              For someone who claims to be against piracy, you sure tie yourself up in some interesting knots defending it.

              You consider me explaining how radio, the VCR, the DVR etc. all made the industry you represent more money is "tying myself in knots defending piracy"?

              No wonder your industry is so fucked.

               

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                Anonymous Coward, Apr 16th, 2013 @ 1:38pm

                Re: Re: Re: Re: Re: Re: One from Big Search and one from its lobbyist lackeys

                I was talking about the points raised in the article and ensuing discussion. You unilaterally began raising examples that better support your narrative. I certainly understand why you chose those, because the example in the current debate doesn't really work for you.

                As noted, piracy is a behavior not a technology. And it's a behavior you laughably claim to oppose while desperately supporting it on a daily basis.

                 

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                  Mike Masnick (profile), Apr 16th, 2013 @ 1:52pm

                  Re: Re: Re: Re: Re: Re: Re: One from Big Search and one from its lobbyist lackeys

                  I'll just note that in arguing over what we're discussing, you have refused to actually respond to the point. Because you can't.

                  Look, YOU raised the claim that certain sites were "dedicated to infringement" based on how much infringement used their tools. I merely pointed out how your definition was ridiculous.

                  I'm still waiting, though: would you ban those technologies?

                   

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                    Anonymous Coward, Apr 16th, 2013 @ 2:26pm

                    Re: Re: Re: Re: Re: Re: Re: Re: One from Big Search and one from its lobbyist lackeys

                    No, I wouldn't ban those technologies. And I've never advocated for that. Even in the Aereo discussion, I've never said they shouldn't be allowed to use their technology- only that they should pay for the content they rebroadcast like every other rebroadcaster; rather than exploit a hole in the law for their own financial gain distributing copyrighted content they don't pay for.

                     

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                      Mike Masnick (profile), Apr 17th, 2013 @ 12:33am

                      Re: Re: Re: Re: Re: Re: Re: Re: Re: One from Big Search and one from its lobbyist lackeys

                      rather than exploit a hole in the law

                      Also known as "obeying the law". Incredible.

                      The only reason there's a "hole" in the law is because the law has been twisted by you and your friends into something that makes no sense to anyone with a modicum of understanding of technology.

                       

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                        Anonymous Coward, Apr 17th, 2013 @ 7:06am

                        Re: Re: Re: Re: Re: Re: Re: Re: Re: Re: One from Big Search and one from its lobbyist lackeys

                        Seriously Mike? I can't believe you'd make such a stupid argument.

                        If you capture on a single, large antenna and rebroadcast it to multiple customers- you pay a rebroadcast fee. But Aereo uses thousands of tiny, individual antennas to avoid paying the rebroadcast fee.

                        Please tell me why you think by virtue of using multiple, single antennas that Aereo shouldn't have to pay the same fee.

                        The intent of the law is to compensate the owner of content for its rebroadcast. And here you are if full piracy apologist mode making excuses for these grifters making money off of content they haven't paid a dime to rebroadcast.

                         

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                          Lowestofthekeys (profile), Apr 17th, 2013 @ 10:12am

                          Re: Re: Re: Re: Re: Re: Re: Re: Re: Re: Re: One from Big Search and one from its lobbyist lackeys

                          "... making excuses for these grifters making money off of content they haven't paid a dime to rebroadcast."

                          Where exactly did he make excuses?

                          I'm not being facetious, I'm just trying to wade through your bullshit.

                           

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                            Anonymous Coward, Apr 17th, 2013 @ 11:27am

                            Re: Re: Re: Re: Re: Re: Re: Re: Re: Re: Re: Re: One from Big Search and one from its lobbyist lackeys

                            Post #131 he suggests that Aereo is being perfectly honorable and not exploiting a hole in the law; avoiding paying retransmission fees by using tiny individual antennas instead of a large single one to retransmit content. They do it for the sole purpose of avoiding the fee; again lining their pockets without paying a dime to the rightful owners. According to him, they're "just obeying the law".

                             

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                              Lowestofthekeys (profile), Apr 17th, 2013 @ 12:20pm

                              Re: Re: Re: Re: Re: Re: Re: Re: Re: Re: Re: Re: Re: One from Big Search and one from its lobbyist lackeys

                              Then why the hell are you arguing about his viewpoint and not that the law should be fixed to account for that loophole?

                               

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                                Anonymous Coward, Apr 17th, 2013 @ 12:32pm

                                Re: Re: Re: Re: Re: Re: Re: Re: Re: Re: Re: Re: Re: Re: One from Big Search and one from its lobbyist lackeys

                                Because his viewpoint is consistent with his twisted outlook that content should be free for the taking. Furthermore, changing the law won'y effect Aereo. Ever hear of ex post facto?

                                 

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                                  Lowestofthekeys (profile), Apr 17th, 2013 @ 12:41pm

                                  Re: Re: Re: Re: Re: Re: Re: Re: Re: Re: Re: Re: Re: Re: Re: One from Big Search and one from its lobbyist lackeys

                                  Oh so this is a play on egos?

                                  Well, good luck with that.

                                   

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                          Karl (profile), Apr 17th, 2013 @ 2:32pm

                          Re: Re: Re: Re: Re: Re: Re: Re: Re: Re: Re: One from Big Search and one from its lobbyist lackeys

                          If you capture on a single, large antenna and rebroadcast it to multiple customers- you pay a rebroadcast fee.

                          In fact, that's not always true. Generally speaking, it's not infringement if the rebroadcasting "is not made by a cable system."

                          The limitations and exemptions are in 17 USC 111.

                           

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                            Anonymous Coward, Apr 17th, 2013 @ 2:37pm

                            Re: Re: Re: Re: Re: Re: Re: Re: Re: Re: Re: Re: One from Big Search and one from its lobbyist lackeys

                            Can you name a single company that is doing that right now? If that's the case why does Aereo go to the trouble of using thousands of tiny antennas?

                             

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                              Karl (profile), Apr 18th, 2013 @ 1:42am

                              Re: Re: Re: Re: Re: Re: Re: Re: Re: Re: Re: Re: Re: One from Big Search and one from its lobbyist lackeys

                              Can you name a single company that is doing that right now?

                              Well, 111(a)(1) explicitly exempts "the management of a hotel, apartment house, or similar establishment," so I imagine they're doing it. Other people are exempt as well, including certain carriers, educational instructors, government bodies, or nonprofits.

                              The point is that Congress set up those rules and "fees" (actually, statutory licenses) specifically for cable companies. They do not apply to everyone.

                              So when you say Aero should pay "the same fee," you are saying - arbitrarily - that they should follow the laws that were created for a different type of company. And you seem to be doing so for no reason other than making you and/or your friends some money.

                              Incidentally: it's entirely possible that certain rebroadcasters could do exactly what you suggest, completely legally, but don't. They want to also carry the non-free-over-the-air content that is being produced by the same parent companies, so they work out a deal.

                               

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            identicon
            Anonymous Coward, Apr 16th, 2013 @ 12:59pm

            Re: Re: Re: Re: One from Big Search and one from its lobbyist lackeys

            In the early days, the VCR was similarly "dedicated to infringing activity" as nearly every use was infringing.

            No it wasn't.

            In the early days, cable TV was similarly "dedicated to infringing activity" as nearly every use was infringing.

            No it wasn't.

            Ditto for the MP3 player.

            No it wasn't.

            And the photocopier.

            No it wasn't.

            And radio.

            No it wasn't.

            And the DVR.

            No it wasn't.

            Getting sued does not constitute being dedicated to infringement.

            And piracy isn't a technology. It's a behavioral defect.

            Do you ever tire of being a ridiculous buffoon? I mean we all enjoy mocking and laughing at you, but I'm genuinely curious.

             

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              Rikuo (profile), Apr 16th, 2013 @ 1:14pm

              Re: Re: Re: Re: Re: One from Big Search and one from its lobbyist lackeys

              Our good friend, Jack Valenti, head of the MPAA at the time, once equated the VCR to the Boston Strangler.

              The very first MP3 player, the Diamond Rio, it's makers were sued, over copyright infringement.

              This is pretty basic stuff you must know when stepping up to try and debate copyright. What you just did is like being in a gay rights debate and falling victim to what is called the "Leviticus Trap" (where those who espouse hating guys based on what is in Leviticus have not read and do not follow the other laws as written there, such as not wearing cloth of two different threads).

               

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                Anonymous Coward, Apr 16th, 2013 @ 1:23pm

                Re: Re: Re: Re: Re: Re: One from Big Search and one from its lobbyist lackeys

                Lol. I've read this blog, so obviously I'm aware that the Boston strangler quote gets dragged out whenever possible.

                 

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                  Rikuo (profile), Apr 16th, 2013 @ 1:34pm

                  Re: Re: Re: Re: Re: Re: Re: One from Big Search and one from its lobbyist lackeys

                  Your point being?

                  Mike said that the VCR was viewed as being this great evil piracy machine at its time. You said no. I replied with a quote from the head of the MPAA, a guy who actively pushed against the VCR every way he could.
                  So what's your point? Are you going to admit you were 100% wrong, and more to the point, if you were previously aware of the quote, knew you were wrong EVEN AS YOU SAID "No, It was't"

                   

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              silverscarcat (profile), Apr 16th, 2013 @ 1:42pm

              Re: Re: Re: Re: Re: One from Big Search and one from its lobbyist lackeys

              Uh, yes, the VCR and Betamax WERE seen as great piracy enablers.

              Don't forget that Mr. Rodgers had to come out and say that the piracy that the MPAA feared was a GOOD thing to get Congress and the SCotUS to side with the Betamax and VCR over the MPAA.

               

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              Mike Masnick (profile), Apr 16th, 2013 @ 1:48pm

              Re: Re: Re: Re: Re: One from Big Search and one from its lobbyist lackeys

              So you're ignorant of history and the law in addition to economics and business models? Impressive.

              What *do* you know about?

               

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                identicon
                Anonymous Coward, Apr 16th, 2013 @ 1:53pm

                Re: Re: Re: Re: Re: Re: One from Big Search and one from its lobbyist lackeys

                What *do* you know about?

                Probably knows you are the world's slimiest piracy apologist.

                 

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                  AC Unknown, Apr 16th, 2013 @ 1:58pm

                  Re: Re: Re: Re: Re: Re: Re: One from Big Search and one from its lobbyist lackeys

                  And you're one of the world's slimiest copyright apologists. Go start your own blog, troll.

                   

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                  Rikuo (profile), Apr 16th, 2013 @ 2:02pm

                  Re: Re: Re: Re: Re: Re: Re: One from Big Search and one from its lobbyist lackeys

                  Here's what's wrong with you. You have demonstrated, beyond a shadow of a doubt, that you are wilfully and completely ignorant of history, the law and economics. You deliberately went out of your way to say that something that did happen, did not happen.
                  With your credibility destroyed through your own actions, no-one believes anything you say. Mike Masnick possibly is a piracy apologist. However, since it is you saying it, I therefore choose to believe him over you. He is trustworthy and has a proven track record of credibility. You don't.

                   

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                    Anonymous Coward, Apr 16th, 2013 @ 2:28pm

                    Re: Re: Re: Re: Re: Re: Re: Re: One from Big Search and one from its lobbyist lackeys

                    And you are possibly the unabashed ass licker I've ever seen. But it seems to work for you.

                     

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                      Anonymous Coward, Apr 16th, 2013 @ 2:28pm

                      Re: Re: Re: Re: Re: Re: Re: Re: Re: One from Big Search and one from its lobbyist lackeys

                      the *most*

                       

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                      Anonymous Coward, Apr 16th, 2013 @ 4:32pm

                      Re: Re: Re: Re: Re: Re: Re: Re: Re: One from Big Search and one from its lobbyist lackeys

                      Says the MAFIAA ass licker...

                       

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      identicon
      Anonymous Coward, Apr 16th, 2013 @ 9:07am

      Re: One from Big Search and one from its lobbyist lackeys

      The problem with the copyright maximalist position is that it only allows free speech for those that can get someone else to publish their works. The only Internet they will tolerate is one that is no more than ca cable system to deliver content to customers.
      If they ever get their way people would not have to listen to your ravings because their would be no web sites that allow anonymous postings.

       

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      Beech, Apr 16th, 2013 @ 9:11am

      Re: One from Big Search and one from its lobbyist lackeys

      Actually it is clearly spelled out that neither brief is suggesting that isohunt be let off the hook, and it seems that both are worried that school projects may get confused with "pirate assembly lines" or whatever you're on about.

      Both briefs state that they are concerned that the ruling could be too broadly interpreted, and should be dialed back to make sure only these "bad guys" get targeted. But, hey, congratulations on ranting about the exact fucking opposite of what the article/ briefs say.

       

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      Ninja (profile), Apr 16th, 2013 @ 10:01am

      Re: One from Big Search and one from its lobbyist lackeys

      We must let IsoHunt do whatever they want because, lord knows, we might somehow hurt a kid's chance to work on a school assignment.

      "The sign of a democracy is a society in which it is better that ten guilty men go free than one innocent man be gaoled."

      The law deals with intent all of the time and the law is not interested in de minimus.

      I wish I could kill you every time you use your keyboard to express your twisted and disgusting beliefs. I wonder if I'll be punished for this intent. Not. Because your Martian version of the law isn't applied here.

      But IsoHunt is not de minimus. It was a big factory for large scale, industrial-grade infringement.

      Neither EFF nor Google disagree that IsoHunt is at fault at some point. But you fail at reading comprehension so I'll leave it at that.

       

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    identicon
    out_of_the_blue, Apr 16th, 2013 @ 9:25am

    Google finds "millions of unrelated links" to infringing content,

    to a handful of NOT infringing. Google wants to portray the ratio as the other way. Its cause for alarm is obvious. -- So ACTIVELY eliminate links. You are NOT required to let them build up until reach numbers large enough to bring a lawsuit.

    The "could be read" worry does not mean will be. You guys always go the extremes of fear while calling everyone else "maximalists".

    MONEY is the ONLY point: Google wishes its gravy train of drawing eyes to ads by ripping content from everyone else to continue.

    A "predictable legal environment" there means LACK of law, not a consensus worked out in cases.


    ^^^ My clone army rises! Thanks for the help: I was busy. But you need training: put up a BIG subject line with some caps, and DON'T mis-spell or leave it unpunctuated.



    Take a loopy tour of Techdirt.com! You always end up same place!
    http://techdirt.com/
    Every "new business model" here requires first getting valuable products -- especially money and labor -- for free.
    05:24:41[g-577-5]

     

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      Anonymous Coward, Apr 16th, 2013 @ 9:41am

      Re: Google finds "millions of unrelated links" to infringing content,

      Dont mispeel but fuk up da grammar.

       

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      Rikuo (profile), Apr 16th, 2013 @ 9:54am

      Re: Google finds "millions of unrelated links" to infringing content,

      "So ACTIVELY eliminate links"

      And that right there is the scariest thing that's ever come out of your mouth. You want Google to pro-actively delete links to speech, when they have no way of knowing what the speech is, whether it is in fact infringing (pretty easy to name a jpeg Infringing_Movie_1080p.mkv), all because your bosses don't want to try a business solution to a business model problem.
      Even if all the links are infringing copyright, SO. FUCKING. WHAT? Movies keep on breaking records every year. Music, books, comics, etc. The stated goal of copyright, the creation of new content, HAS BEEN FULFILLED. At this point, its superfluous and downright destructive to society to keep copyright on the law books.

       

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        John Fenderson (profile), Apr 16th, 2013 @ 10:04am

        Re: Re: Google finds "millions of unrelated links" to infringing content,

        Even if all the links are infringing copyright


        But, of course, links can never infringe copyright. They can only point to things that infringe copyright.

         

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          Rikuo (profile), Apr 16th, 2013 @ 10:05am

          Re: Re: Re: Google finds "millions of unrelated links" to infringing content,

          But, of course, this little fact is purposefully blocked from their small minds.

           

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        out_of_the_blue, Apr 16th, 2013 @ 10:14am

        Re: Re: Google finds "millions of unrelated links" to infringing content,

        @ "Rikuo": "And that right there is the scariest thing that's ever come out of your mouth."

        Yes, it is, just about. I'm quite mild. YOU on the other hand, above mention getting a shotgun and shooting me like a "mad dog". CEASE THREATENING ME, SONNY. Quit trying to shut me, if you value free speech so much.

        Now, as to your tiny stupid point: Google is already deleting links. And yet the world has not ended.

         

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          Rikuo (profile), Apr 16th, 2013 @ 10:25am

          Re: Re: Re: Google finds "millions of unrelated links" to infringing content,

          I'm so sorry about the "threat". As I said before, I'm busy playing Red Dead Redemption, a game about a cowboy who hunts down and kills those who threaten and damage society. I've also just finished reading the comic book series, Preacher, where a wandering priest, who has many of the same characteristics as a cowboy, ends up causing the death of God himself because God has caused massive harm merely to stroke his own ego.
          Those two titles may have warped my fragile little mind. Sorry if I now feel an insane urge to
          1) Find a shotgun (haven't got a clue where to find one in Ireland)
          2) Find out who hasn't_got_a_clue is (impossible unless I hack Techdirt's servers, find his IP address and...how does an IP address lead to identifying individuals again?)
          3)
          4) Profit!!

           

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            Anonymous Coward, Apr 16th, 2013 @ 11:22am

            Re: Re: Re: Re: Google finds "millions of unrelated links" to infringing content,

            I'm so sorry about the "threat". As I said before, I'm busy playing Red Dead Redemption, a game about a cowboy who hunts down and kills those who threaten and damage society. I've also just finished reading the comic book series, Preacher, where a wandering priest, who has many of the same characteristics as a cowboy, ends up causing the death of God himself because God has caused massive harm merely to stroke his own ego.

            And you wonder why you are still a virgin??????

             

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              Rikuo (profile), Apr 16th, 2013 @ 11:29am

              Re: Re: Re: Re: Re: Google finds "millions of unrelated links" to infringing content,

              What does playing video-games and reading comic books have to do with my virginity? I'm actually getting a strange, creepy vibe off of you. You'r more worried about my virginity than I am!

               

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              Anonymous Coward, Apr 16th, 2013 @ 11:40am

              Re: Re: Re: Re: Re: Google finds "millions of unrelated links" to infringing content,

              What's your excuse?

              Oh right...trolling Techdirt.

               

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          Anonymous Coward, Apr 16th, 2013 @ 10:25am

          Re: Re: Re: Google finds "millions of unrelated links" to infringing content,

          You only have yourself to blame for the comments that you receive by people when you purposely go out of your way to goad and bait people with your comments. If you don't like the comments then quit making such comments yourself or leave the site.

           

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      Ninja (profile), Apr 16th, 2013 @ 10:10am

      Re: Google finds "millions of unrelated links" to infringing content,

      Google finds "millions of unrelated links" to infringing content, to a handful of NOT infringing. Google wants to portray the ratio as the other way.

      And yet you can't provide evidence. It takes an insanely ignorant person to believe this. Just look at the sheer amount of SKU's (products in Amazon etc), help pages, forums, blogs, social media etc etc etc links and compare to 3 or 4 million torrents (and corresponding links) in The Pirate Bay. How many BILLIONS of pictures are uploaded daily in Instagram, Tumblr, Blogger, how many millions of tweets, blog posts are linked every damned second? Even private trackers would find most of its links not infringing because the forums often overshadow the torrent posts themselves.

      You are full of shit ootb =)

      You are NOT required to let them build up until reach numbers large enough to bring a lawsuit.

      I'd love to see you pro-actively filter 70+ hours of videos uploaded to youtube alone. Millions of photos uploaded to several services (and I'm only barely scratching the surface of the web). Please, entertain me trying. And don't throw the automated bullshit at me, it's been proven enough times that it DOES NOT work.

      On a side note I've been noticing some contradiction in some of your posts so I'm inclined to think you are trolling on purpose. That would explain why you religiously read a site that you keep disdaining...

       

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        John Fenderson (profile), Apr 16th, 2013 @ 10:14am

        Re: Re: Google finds "millions of unrelated links" to infringing content,

        I've been noticing some contradiction in some of your posts so I'm inclined to think you are trolling on purpose.


        You're only just now figuring that out? :)

         

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          Ninja (profile), Apr 16th, 2013 @ 10:34am

          Re: Re: Re: Google finds "millions of unrelated links" to infringing content,

          It used to be more subtle (a year ago). But nowadays he isn't even trying to hide it lol.

          Also, damned missed /i =/

           

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        Anonymous Coward, Apr 16th, 2013 @ 6:13pm

        Re: Re: Google finds "millions of unrelated links" to infringing content,

        He's trolling because:
        a: It's the only way he can get anyone to talk to him.
        b: He's being paid to, which simply makes him some content holder's paid bitch.
        c: All of the above.

         

        reply to this | link to this | view in chronology ]

      •  
        identicon
        Anonymous Coward, Apr 16th, 2013 @ 6:49pm

        Re: Re: Google finds "millions of unrelated links" to infringing content,

        So because Google has grown so large, rich and successful they're somehow absolved of responsibility because the task is too big? That's a laugh.

         

        reply to this | link to this | view in chronology ]

        •  
          identicon
          Anonymous Coward, Apr 17th, 2013 @ 3:19am

          Re: Re: Re: Google finds "millions of unrelated links" to infringing content,

          So because record labels/the RIAA/pornographers and Prenda Law have grown so large, rich and successful they're somehow absolved of the need to be correct because the task is too big? That's a laugh.

           

          reply to this | link to this | view in chronology ]

  •  
    identicon
    nombre, Apr 18th, 2013 @ 6:04pm

    EFF is a joke anyway. Joe Biden made fools of these clowns by pushing Six Strikes through. What was the EFF's role in blocking this? None. How about CISPA. I'm guess you already know the answer.

     

    reply to this | link to this | view in chronology ]

  •  
    identicon
    out_of_the_blue, Sep 27th, 2013 @ 2:02pm

    Wow. THIS is why I read few Techdirt comments!

    This was during the "click report on every non-fanboy" and "fake out_of_the_blue" period, SOMEWHAT lessened since, but I'm back here again because reviewing where the nasty little troll Rikuo at #12 made a thinly veiled threat of physical violence toward me.

    Mike Masnick even makes a rare appearance to do some easily refuted assertions. -- And note that he doesn't admonish Rikuo for an actual threat.

    Nice cesspit ya got here, Mike. You know, you sniped elsewhere accusing ME of polluting the site, but you NEVER make such remarks to any of your vile fanboys! In fact, I've complained often about the pollution from your fanboys. THEY CAN MAKE THREATS AND YOU JUST IGNORE IT. You've even got the worst troll, Timothy Geigner, aka "Dark Helmet", writing for you! Phooey on you!

     

    reply to this | link to this | view in chronology ]


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