The OPEN act contains the right for private entities to bring their case before the ITC to prove harm and that a site is actually infringing. That is a far cry better than SOPA's private right of action.
1) Google is not the only one upset about SOPA/PIPA. Neither are they the most upset about it. Pretending that Google is the only one upset is a nice deflection that supporters of SOPA/PIPA have built up for themselves. It hasn't worked yet, except maybe for a completely lopsided and biased Congressional review panel. However the public at large is not convinced.
2) No one any more. With the amount of free ways to infringe copyright, why would anyone pay for it? Criminals have moved on to high profit black market goods like drugs for their primary source of income.
There is no way to get rid of all piracy. There comes a point where piracy is an act of nature and one must simply write it off as part o the cost of doing businesses. Just like a retail business factors in theft, a game developer, film producer, writer, musician, must factor in some amount of piracy.
The goal should be to make enough money that no amount of piracy will hurt you. Did CD Projekt do that? Yes. They sold over a million copies. That made them a profit. They can continue making games.
Would it be nice to eliminate piracy? Sure. It would also be nice to have world peace.
I am not back tracking. I identified right at the beginning that they are following in the same failed foot steps as other businesses. I identify from the beginning that they are sending shake down letters to potentially innocent parties.
Did I say I was okay with copyright infringement for personal use? No. I said that I don't support a copyright enforcement policy that is based on some of the flimsiest data possible.
See my comment above.
Personally, I have no problem is a company wants to go after someone infringing on copyright for personal gain. If they have proof that a person is actually infringing and making money at it, by all means take them to court.
What I do have issue with is a company sending what amounts to little more than a shakedown letter to people who are merely suspected of infringement. Additionally, that suspected infringement is not even for personal gain. It is private use.
And those that receive the letter, who are innocent, who can't afford to defend themselves? What are they supposed to do?
Hello, Not Mike here.
So IP addresses are more accurate in identifying an individual than the following: DNA, Fingerprints, and Video Surveillance? Are you honestly this nuts?
Yeah, I think when it is a developer specific bundle, they let you break down the developer portion (at least they did on the last one) but with the Regular Bundles it is split evenly.
Since when are the labels the best option? From what I can tell, the labels keep the lions share and if the Musicians manage to pay back their advance, they make earn a very small percentage of profits.
As it is now, musicians can sell their music themselves online and make all the money for themselves.
I am looking at it right now. There is an arrow next to the charity option that when clicked expands it to allow for further control of which charities get that money.
Gah! I thought I closed my anchor tag.
While I also thought the Red Cross thing was completely boneheaded, I still think that the good that they do around the world is a worthy cause.
If you still want to donate to the EFF, by all means do it. Nothing is stopping you.
If you don't want to donate to the Red Cross because of that issue, turn its slider down to zero when you buy your bundle. no one is forcing you to donate to them.
That is exactly why I have bought thee bundles. I am a Linux only guy and these Bundles have given me more games than I could ever play.
You don't even have to do that. This bundle give you control over which charities get what money. So you can still donate to Child's play while not donating to Red Cross.
Of course there are problems with current law and civil procedure. When a site like Dajaz1.com is given the run around for a year and never charged of any crime and having its domain name seized for that time, that is a problem.
SOPA will make all that worse.
Sorry, thought I was done.
SOPA is an attempt to stop some of the biggest abuses of the system, to deal with the issue of "offshoring" of illegal websites to avoid US law, while the sites continue to market to and serve US customers.
No. SOPA is an attempt by legacy gatekeepers to prevent them from having to compete and innovate for another few years. This will do nothing to stop piracy and the supporters of the bill know this. However, it will give these legacy gatekeepers the ability to decide what web services are allowed to survive and which ones are not.
The misuses of DMCA (rare but highlighted, spotlighted, and raised on a pedestal here on Techdirt) are not really enough to justify getting rid of it. It does what it is suppose to do.
We highlight them to expose the unnecessary harm that is done to legitimate speech. If the DMCA were never abused, we would never mention such abuses. We will continue to highlight such abuse until the laws that allow for the abuse are repealed or changed.
The true misuse of the DMCA is the safe harbor provisions, which have been turned, abused, and bent over from behind to allow business models that would not be legal without DMCA existing.
These "misuses" of safe harbors are no such thing. The safe harbors are working exactly as intended. They are there to protect service providers from liability for the actions of third parties. Holding a third party accountable for the actions of someone else is not conducive to justice in this nation.
We don't hold car manufacturers and dealers responsible for the actions of drivers. Neither do we hold gun manufacturers responsible for the actions of guns. Why should we hold online tool developers responsible for the actions of their users? It makes absolutely no sense.
Since when is personal responsibility something that must be avoided at all costs?
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And how exactly are these sites supposed to verify that the information that a user enters is factually correct?