copyfraud; the illegal pursuant of a licensing demand that was not owned by the 'alleged' copyright holder. theft from the public domain in direct effort to feloniously support a business model, each count of licensing demands should be met with a $150,000 statutory damages for each and every license pursued during the terms of the dispute.
evidence the work was elevated to the public domain in 1927 @ ~ $20 million / yr profit, using real facts and not hollywood accounting numbers, I would say Warner Bros is on the hook for $1.78 billion, with a 'B' towards a pool fund where everyone who licensed the song since 1927 can demand from.
live by copyright, be bankrupted by copyfraud. they should just double the fine, because copyfraud.
Is not the copyright OWNED by the producer of said broadcast/filming/photograph?
If neither the NFL or Mr.Haupt registered the required 28yr copyright on the 'tape' AND the NFL cannot own the contents of the tape, how in the world is this even a fight?
either; "This telecast is copyrighted by Mr. Haupt for the private use of our audience. Any other use of this telecast or any pictures, descriptions, or accounts of the game without the Mr. Haupt's consent is prohibited."
simply replace NFL with Mr. Haupt on the NFL's bullshit claims they spew during any televised game.
or: Shouldn't this tape be in the public domain?
'To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.', remember?
Ok, TPP bad, mkay.. I get it. I've lurked here for years, great site btw Mr. Masnick..
Can someone ELI5 how the multi-national corporations pushing so badly for this clusterfsck are indeed going to benefit?
The reason I ask is simple. Typically these greedy bastards are incredibly narrow minded and so blinded by greed, any typical 7yr old can circumvent the new implications with some minor behavioral modifications. (i.e. cord-cutting et al.)
I am interested in an article(s) outlining the detrimental effects in laymen's terms that would improve an individuals ability to retain some semblance of freedom moving forward. I understand it's blatant copywrong aspects (consider me one of the many that has zero respect for copyright anymore, and could care less) baked into the TPP, but would like to better understand other possible behavior changes needed to circumvent the intended goals.
With the fervor with which this is being pushed, looking at it thru the eyes of pure greed, I fail to understand what they hope to gain. Knowing that, of course, I am incapable of thinking like a greedy, self-serving massive global conglomerate hell bent on profit$.
I dont comment here often, and obviously, when I do its from Hong Kong, or China, or Belarus, Japan, Russia, Ukraine and a million other TOR exit nodes built into my VPN client. Event techdirt sometimes asks me captcha thinking I am not human, which is great. I feel that it is of nobody's business who/where/or what I am. Suffice it to say, I knew about the Snowden highlights long before they were public, and I like my privacy.
Nor do I post here often, in respect for the quality journalism Tim, Mike and Glyn without feeding the trolls here that I am in any associated with their ideals or 'agenda'.
I am considered a pirate, fair enough. But to read article after article of the most inane, useless prattling of a dead industry, its mindboggling.
Here's how a dedicated 'pirate' works. Well above 30+, double docterate in Computer Science and Engineering, have written software for the better part of 2 decades for banking, finance, mortgate, human resources and health care. got a nice client list and resume, making big 6 zeros for the last 10 years.
this is how we do it. Scene: person/group/software captures broadcast of x show in SD, HD720p and HD1080p formats. automation of timing markers by broadcast identify the commercial start/end and software simply removes them, remuxes to our format of choice, typically matroska. this is all automated.
Distribution: x show, now encapsulated, sometimes including regional subs,etc. are now released to bittorrent, freenet, TOR, iirc and usenet. this is all automated.
Indexing: many indexing sites are now private and are not scraped by google or other web bot, so infringing content is never identified. Many of these indexing tools have apis, which allow other software to interact on unknown, unwatched, secure ports. The api allows other software to scan the index for defined filters/shows/episodes/seasons, u name it. there is a HUGE world of software developed in the vacuum that eases the automation process immensely.
apis: tools like sickbeard, couchpotato and sabnzbd+ make it easy to configure tv shows and movies to be automatically identified and downloaded using SSL or other heavily encrypted method. typically the 'base' download machine is already behind a many hop VPN or using a TOR exit node. this eliminates threats like deep packet inspection, view the garbage, feel free. this is also automated.
archiving: the apis are so versatile they easily rename, archive and keep watch for new identified movies/tv shows, this too is all automated. the big cost is storage. 4tb of quality drive is around 300usd.
so, after 10 years of this process, ive accumulated over 123 of the top 100 shows, ever, to include ireland, england, australia, new zealand and canada, to be able to watch, at my convenience.
to compare to the price chart above, ill outline my overhead to compare to what cable offers;
TV shows currently 'watching'; The Americans Arrow Bering Sea Gold Better Call Saul Black Sails Bloodline Falling Skies* The Flash Game of Thrones Hannibal Haven* Justified Marvel Agents of SHIELD Ray Donovan Scorpion Vikings The Walking Dead Californication* Heroes* Star Trek TOS* (* no longer active, but that doesnt mean I cannot find them)
every time a new 'episode' is available for watched, its automatically downloaded, washed, pressed and folded for viewing, this is all automated.
so, my monthly out of pocket is 256usd/mo that includes internet. but with that, i get the shows I want to watch, when I want to watch them, in the format I want to see, AND i have a copy to watch someday when i want in the future.
Sure, not everyone has 40tb to mess with, but its been an accumulative game that while the mafiaa refuses to compromise, incredible tools have filled customer demand.
cutting cords you say? ive not seen a broadcast commercial since the live broadcast of NFL SuperBowl, otherwise, its been close to 14 years. I dont do commercials, the network got paid by the advertiser, some of the shows I gather were already paid for, others like Game of Thrones made millions selling the broadcast rights, so everybody got paid, nobody lost money, and 'expected' income is bullshit, sure, i had an expected income of 1.2m last year, but i cant file that on my taxes, or sue the FCC because I cannot fuck clients anymore.
bottom line is, if they offered what I want, when I want for the 256usd/mo, I would STILL not switch, let the fuckers burn.
been boycotting them since 1998, attempting to single-handedly destroy the industry with my pirating ways. 21Tb archive and growing every day. Have not seen a television commercial, or pre-movie FBI idiocy in over 15 years.
they steal from the public domain, I infringe, so who's the criminal again?
when was the last time Congress actually passed a law with the people in mind, even legalization of marijuana is $$$ motivated, and convenient to those with greed, and power to enact bought, paid and written laws.
understood, however, upon my own research www.googleanalytics.com and many, many other 'google apps' attempt to extract an enormous amount of information during everyday surfing.
im not a tinfoil hatter, but I do respect my own privacy, and take considerable measures to ensure my anonymity is anonomous. not for paranoid reasons, but because i believe information is mine to divulge, not to be extracted.
this is the simple convenience that file-sharers contribute to the overall 'experience'. also, it states in copyright law that if you modify a significant piece of copyrighted material, that you are in fact authorized to apply new copyright to the result. just like the music studios 'remaster' albums, they get a new copyright.
so if file sharing 'pirates' redact 20min of commercials from a 60min show, that is a 30% modification, and should have a new copyright applied. the **AAs do this all the time, so why is this infringing for others to do the same thing?
or all the despicable Russians learning English as a second language, how dare they take legitimate work from the Russian-English Book Publishing Translation Industry by supplying a service that is needed, at a cost NOT inflated beyond logic, depraving Book Publishers their 3rd or 4th Mercedes!
one point no one is considering here. Mega is on trial, not this guy's files. to legally review his accounts contents, there would have to be probable cause, and a warrant to search thru his content.
**AA scrutiny of his content is so far outside juristiction, justice itself, constitutional rights, and serious privacy violations; irrespective of what is contained in the account, that it just baffles the mind.
its no longer, do as i say, not as i do, its more like;
fuck you, and i will do whatever the fuck i want.
then fair is fair, $150,000 fine for the first offense, and each and every subsequent offense. Throttle DMCA notices from 10,000 a week, to 10. Should the behaviour continue, no DMCA notices for a year and possible jail time for the CEO of the company, after all, corporations are people too.
This is a great idea. Lockstep punishments on both sides. 3 strikes for false take downs, and you get your ability banned, repeat infringements should get a graduated system where if you are, not convicted, but alleged to employ a DMCA take down more than 3 times, the punishment increases. And the end-users are allowed to do the alleging, no proof needed. If found allegedly infringing on the DMCA system more than 9 times, there will be a $150,000 fine for each additional erroneous take down request. Eventually removing your ability to send DMCA take downs at all, period.