Bonum Certa Men Certa

Copyright Promotes Censorship and Surveillance, Cannot Rescue Broken Business Models

Summary: Thoughts and observations about who is being served by today's copyright "law" (written by the copyright monopoly)

Copyright reform in the digital age is an important topic [1] because more often than not we see copyright abused to kill information or censor it. In a world of abundance through sharing everyone including artists would benefit; monopolists and middlemen, however, would not.



The Pirate Bay is not copyright abuse although it can, if misused, contain copyrighted material against the will of the copyright holder/s (not always same as the creator). The Pirate Bay is still online [2], but its founder gets treated worse than serial killers, showing perhaps that "law" these days is an instrument of the rich and powerful. Those who call for ridiculous new "laws" (like “Six strikes”) may actually be the real criminals [3] and when illegal raids are used against people like Kim Dotcom (with biased "justifications" to come only years after the act [4]) we just know that copyright "law" deserves little respect. It's written by lobbyists and politicians funded by billionaires who profit from their cartels. "Santa Claus Is Coming To Town" is currently being censored by those thuggish billionaires, using copyright "law" of course [5].

Torrents have just turned a decade old [6] and one must remember that a lot of this technology is being used for totally legitimate purposes by very legitimate entities, including businesses and governments. Torrents should be celebrated -- not demonised -- for they improve utilisation of the networks while reducing surveillance.

Don't let scapegoat rulings [7] scare you and remember that those who hunt down sharers are deemed human rights violators, according to the European Court Of Human Rights [8]. A lot of those who are prosecuted are not even guilty of copyright infringement. Remember that "Google Discarded 21,000,000 Takedown Requests in 2013" [9] (almost unworkable to do because the total number of requests was 235,000,000). How can any site keep copyrighted material (and check validity of claims) without employing thousands of staff to work 24/7 and hopefully make correct rulings 100% of the time? It's impossible. Sites that have copyrighted material on them (uploaded by users) cannot honestly be prosecuted unless they deliberately turn a blind eye to the problem and support/advocate the problem. Some nations have already moved on, realising that it's impractical to stop sharing [10] (one way or another people will share files, even using physical devices like portable drives) and some artists too are trying to evolve (even if it's just a rumour [11]) rather than just litigate.

Google can explain the issue at hand pretty well because it does challenge current copyright law in various ways, e.g. in fair use of scanned books. To demonstrate the copyright problem of scale, consider YouTube. Every single second, hours of footage are uploaded. How can a moderator check the source, assess in context fair use (must view the original), assess satirical/critical additions, or even verify with the copyright owner whether takedowns are desirable? This is not possible. It's infeasible even if Google had thousands of staff doing it 24/7. So should the only alternative be to completely ban all such video sharing sites? And if so, what about self hosting of videos? Who would regulate it, the ISPs and the hosts? The other problem with copyright "law" is that it destroys data hosting sites; some people may occasionally put infringing material in their Web-based filespace (e.g. DropBox) and in order to enforce copyright "law" scanners (in effect surveillance) need to go through personal files, essentially opening the door to the NSA (which sought to add DropBox as a PRISM partner). Hence, copyright law is not just a tool in the censorship toolbox but also in the surveillance toolbox. It's clear who benefits from it.

Related/contextual items from the news:



  1. Fundamental Cultural Rights Must be at the Heart of Copyright Reform in Europe!


  2. Pirate Bay Back in Sweden’s Calm Waters After .GY Suspension
    The Pirate Bay’s domain troubles seem to be never ending. Just a day after the troubled torrent site found a new home in Guyana, the site’s new .GY domain has already been suspended. The local domain registry informs TorrentFreak that all domains that violate its policies will be suspended immediately. The Pirate Bay, meanwhile, has decided to return to the relatively calm waters of Sweden for the time being.


  3. “Six strikes” Copyright Alert System may violate antitrust law
    Antitrust law is as thoroughly unlibertarian as IP law is, though my guess is patent and copyright do more damage to property rights, freedom, the free market, and the economy.1 The perverse thing is that the state helps to create monopolies by its various policies (patent, copyright, FDA regulations) and then it turns around and uses its antitrust regulations to punish companies for acquiring these monopolies.2 And, also perversely, the use of antitrust law itself can limit the abilities of private actors to deal privately with “piracy,” competition and knockoffs, which then supports the argument that IP is needed (and then the IP rights, once granted, get the companies in trouble with antitrust law if these IP monopoly rights are “abused”). (As an example: antitrust law has been used against the fashion industry, and the movie chain system, making it harder for these industries to engage in private measures in response to knockoffs and “piracy”.)


  4. U.S. Releases More Evidence of Megaupload’s ‘Mass Infringing Use’
    The U.S. Department of Justice has released a new 191-page filing in which Megaupload is portrayed as a massive piracy hub. The Government is using data obtained from Megaupload’s seized databases to back up and expand several of the allegations against Kim Dotcom and his co-defendants. Among other things, the evidence suggests that “repeat infringers” drove a lot of traffic to Mega’s sites. The document further shows that roughly 43% of all files streamed on Megavideo received a takedown notice.


  5. Santa Claus Is Coming To Town... And EMI Is Keeping The Copyright
    We were just talking about the latest efforts to remove termination rights from musicians (and other artists), and a number of termination rights battles are still ongoing. Most of the existing ones are slightly different from the ones we're talking about -- and it gets pretty down in the weeds technically. In short, there are different rules for works created prior to 1978 and those after 1978. Most of the focus is on the termination rights for works created after 1978 -- though there are some interesting ongoing battles concerning works created prior to 1978... including that song you just can't stop hearing this time of year: Santa Claus is Coming to Town.


  6. The Matrix ASCII: Oldest Torrent Alive Turns 10 Years Old
    A fan-created ASCII version of the 1999 sci-fi classic The Matrix is currently the oldest torrent alive. Created exactly 10 years ago the file in question has achieved iconic status, piquing the interest of dozens of downloaders week after week. Warner Bros, is not known to go after this type of fan-art, so those who are interested can proceed to download without worry.


  7. Crazy Calculations Behind $652,000 File-Sharing Damages
    Earlier this week a torrent site user was hit with a damages claim of $652,000 for uploading one movie to the Internet. With the huge amount undoubtedly still ringing in the 28-year-old’s ears, questions are now being raised about how this figure was arrived at. It’s an amazing process that shows that sometimes copyright holders may as well just think of a number, double it, multiply it by the day of the week and then add it all to their dog’s age.


  8. Reminder 2: Hunt For File-Sharers Violates Fundamental Human Rights (Says The European Court Of Human Rights)


  9. Google Discarded 21,000,000 Takedown Requests in 2013
    Google discarded 9% of the 235,000,000 allegedly infringing links copyright holders asked the company to remove from its search engine this year. This amounts to 21 million URLs for which Google took no action, either because the requests were illegitimate or were duplicates already submitted in previous notices. NBC Universal, Fox and Lynda.com have the worst track record in this regard as more than a quarter of their requests were discarded.


  10. How To Solve The Piracy Problem: Give Everyone A Basic Income For Doing Nothing


  11. Why the Iron Maiden ‘Playing for Pirates’ Error is Such a Disappointment


Recent Techrights' Posts

SLAPP Censorship - Part 90 Out of 200: When Efforts to Silence His Spouse and Also the Wife of a Blogger in Another Continent Only Give More Exposure to Embarrassing Information
The Garrett trial ended in October 2025
Links 27/05/2026: TSMC Workers Next to Consider Strikes, Ceasefire Cracking
Links for the day
 
"LLMs Are Not Much More Than Plagiarism Engines"
the impact of LLMs on communities and software projects
Is Slop Profitable Yet? No.
Everything is a giant minus
Bob (Robert) Cringely Has Just Explained That After 3 Years of Hard Work It Became Apparent LLM Slop is Unfit for Purpose in Courts
Added moments ago to Daily Links
Links 28/05/2026: LibreSSL 4.3.2, "Jeff Bezos Is Afraid Of What Comes Next", Measles Making a Comeback
Links for the day
PCs That Are Made to 'Expire' and 'Secure' Boot Contributing to Planned Obsolescence
People who are responsible for this ought to be held accountable
Evil, Faceless Corporation: Google Steals Money From You If You Don't Purchase an Android Device for MFA
At this point, under the guise of "hey hi" (slop) Google is firing tens of thousands of workers
People Go Back to Basics, Abandon Microsoft's GitHub to Avoid Slop
The media didn't pay any attention to GitHub's de facto chief quitting Microsoft only a few months ago
IBM - Much Like the European Patent Office (EPO) - Gives the President (Head of Board and CEO) All the Money While Staff Drowns in High Inflation Rates
They're discussing the same sort of thing we often see mentioned in the EPO
"THE REGISTER EXPLAINER" as "Paid-for SPAM" at The Register MS With "AI" 40 Times in the Short Page
What will be left of The Register MS in a few years?
2025: EPO President Campinos Breaks the Cookie Jar, Steals Another Million Euros While His "Brother-in-Law" Does Cocaine at the Office and Staff Prepares Rolling, Indefinite Strikes
any additional month of Campinos in charge of the EPO is a liability not just to the EPO but the EU as well
Gemini Links 28/05/2026: Dumping Microsoft GitHub, Gopher Rabbit Hole
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, May 27, 2026
IRC logs for Wednesday, May 27, 2026
SLAPP Censorship - Part 89 Out of 200: SRA Admits Malfunction, That's Why Transparency is Paramount
There have been more efforts than we can to count or can enumerate (probably over 100 such efforts) to gag us and to prevent us writing about what has happened
Our Free Software Activist in Connecticut (USA)
We'll soon revisit the latest round of legislation on "age" (surveillance, ID)
Links 27/05/2026: Living Without 'Smartphoones' and "Russia’s Biggest Attack on Ukraine in 18 Months"
Links for the day
Gemini Links 27/05/2026: The USA as an "Experiment" and Some Ubuntu Manuals
Links for the day
[Video] Full Video of Richard Stallman's Talk in Rome
It seems inevitable that the official GNU site will have it
Slop is a Passing Fad, It's About Faking Productivity (Plagiarism, Misinformation, and False Positives)
Slop is a bubble. Some people accept it later than others.
Anderon - Like Kyndryl - Could be Far Deeper in Debt Than Its Alleged Worth (Vapourware)
Time will tell, but it seems like a Federal-enabled (by the Federal Government) accounting scam, nothing more, nothing less
The Media That Keeps Covering "AI" Because the Pushers of It Pay for Spam
23 times in the page they mention "AI"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, May 26, 2026
IRC logs for Tuesday, May 26, 2026
Codecs and Software Patents - Part XI - The Stance of RMS (Dr. Stallman) Reassured GNU Regarding AV1
cautioned against software patents since the early 90s if not earlier
Google: We Are Locking You Out of Your Account (Since 15+ Years Ago) Because You Don't Have a Spyphone We Remotely Control
Google (GAFAM) is an evil company deep in debt
Red Hat: Bluewashing by IBM, Followed by RAs (Layoffs)
We could use some hints or evidence related to this
Gemini Links 26/05/2026: A Year of Composting, Fedora Bricks Itself and Infuriates Users With Slop and Wayland (Not What Users Want, What IBM Wants), Crawlers on Geminispace a Nuisance
Links for the day
Links 26/05/2026: "Making the Digital Physical"; "The Medical System Abandons Women When They Are Most Vulnerable"
Links for the day
While US Government Greenlights (or Bluelights) Bailouts for IBM Some Foreign Governments Blacklist It
"Albany leadership doesn’t know what they are doing but are damn good at pretending they do."
Good Thing When Home Appliances Are Ancient Antiques
dealing with the alarm has cost only time
The Bloating of the Web Contributes to Global Warming and Causes Burnout (Slowdown, Hardware Erosion, Waste)
This problem isn't limited to weather sites or subsites
IBM Bailouts and the IBM People Inside the Administration
It seems possible/plausible that it is bailout money down the drain or that this money will never arrive at all
Links 26/05/2026: Lithium Batteries Causing Fires (Even on Planes), 'Timmy' the Whale Dies
Links for the day
Why It's Ludicrous to Call Us "Microsoft Haters"
Even if clustered together, news items still cover a broad spectrum (or spectra) of issues
Pursuing Facts in an Age of Lies and 'Hallucinations' (Falsehoods Without Anyone Accountable, They Try Calling Computer-Generated Lies or Forgeries "Intelligence").
Our aim is to relay information while bypassing gossip networks like social control media and slop in "search" clothing
Computer-Generated Legal Filings Get You Reported to the Solicitors Regulation Authority (SRA)
We'll write a lot more about this in the future
EPO "Cocaine Communication Manager" - Part XII - In the Second-Largest Institution in Europe One Can Take Paid 'Sick Leave' for Doing Cocaine, Then Come Back
Cocaine addicts in the management were bullying colleagues. They're still in charge.
Sites in Their Twenties
We currently run concurrently a handful of series and have a lot more in the backlog
SLAPP Censorship - Part 88 Out of 200: Brett Wilson LLP is Defaming Trans People in America Because Garrett Pays Hired Guns to Silence Them
Garrett is scoring many own goals this year
Sloppy "Resource Action," (RA) or IBM Layoff, Leads to Another IBM Lawsuit, Alleging IBM Tries to Pass Liability to Algorithms
IBM is meanwhile resorting to slop to gaslight its remaining shareholders
The Latest IBM Layoff Rumours
What has happened to the company that invented so much of modern computing?
Holy See Recognises the Threat of GAFAM and Slop
Will the Holy See move away from GAFAM?
The Old Ways of Computing Were Objectively Better
Not as fast, but certainly much better
Social Control Media is a Giant Waste of Time (and There Are No Future Remedies for This)
Social Control Media is considered unhealthy to young people, but it is also collectively unhealthy to nations and nation-building
Codecs and Software Patents - Part X - Florian Müller Still Muddying the Waters for FOSS, Using Software Patents
Some things never change...
Gemini Links 26/05/2026: Slop Bug Reports and Crawlers Considered Evil
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, May 25, 2026
IRC logs for Monday, May 25, 2026