EditorsAbout the SiteComes vs. MicrosoftUsing This Web SiteSite ArchivesCredibility IndexOOXMLOpenDocumentPatentsNovellNews DigestSite NewsRSS

12.31.13

Copyright Promotes Censorship and Surveillance, Cannot Rescue Broken Business Models

Posted in Intellectual Monopoly at 11:56 am by Dr. Roy Schestowitz

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
Share this post: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Digg
  • del.icio.us
  • Reddit
  • co.mments
  • DZone
  • email
  • Google Bookmarks
  • LinkedIn
  • NewsVine
  • Print
  • Technorati
  • TwitThis
  • Facebook

If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

Pages that cross-reference this one

What Else is New


  1. Shame on MapR for Pursuing Software Patents While Pretending to Stand for Free/Open Source Software

    The patents gold rush sees another company joining the 'fun', albeit this company should campaign hard against software patents rather than pursue any



  2. Doomsday Scenario in the Back Mirror as Michelle Lee Keeps Her Job (and Much-Needed Patent Reform) at the USPTO

    The future of patent reform, i.e. tackling overpatenting and patent trolls, looks somewhat more promising with today's confirmation of Lee's 'extended tenure' at the Office



  3. Links 19/1/2017: PulseAudio 10.0, Linux 4.9 Longterm Kernel

    Links for the day



  4. Corporate (Wall Street) Media Agrees That Brexit Dooms the Unitary Patent (UPC)

    The nonstop lies or the fake news about the UPC starting "real soon now" don't quite pass a reality check or a basic assessment based on fundamental concepts, such as the UPC's facilitation of subordination (to Europe) in the United Kingdom



  5. Farce of an 'Independence' for the Boards of Appeal as Another Ally of Benoît Battistelli Enters as Parasite Inside the 'Overseer'/Host

    The latest cluster of lies from the President of the European Patent Office (EPO) and direct refutation of false claims of independence for the Boards of Appeal, where the former Vice-Presidents can flock, just like the Mini Minion (Minnoye) of Battistelli



  6. Links 18/1/2017: Red Hat's OpenShift 3.4, Mozilla's New Logo/Branding

    Links for the day



  7. Union-Busting Action by Team Battistelli Takes Heavy Toll, Techrights Will Continue to Expose EPO Injustices to the World

    The Staff Union of the European Patent Office, SUEPO, which faced unprecedented and probably illegal (based on local laws) attacks, is being weakened by the worst President ever, whose own management team seems to be collapsing along with the institution he is destroying in just a few years



  8. A Lot More Fake News About the UPC, Trying to Convince People That the UK is Ratifying (It's Not, It Cannot)

    Response to some of the latest misleading (self-serving) whispers about the fate of the Unified Patent Court (UPC), which is in a deadlock due to Brexit



  9. Rumours Suggest That EPO Management is Aware of Decline in Patent Quality and is Thus Actively Lying About it to the Media/Public

    Whenever Battistelli brags about patent quality he may be consciously and deliberately lying through his teeth if the latest rumours are correct



  10. Links 17/1/2017: GIMP Plans, New Raspberry Pi Product

    Links for the day



  11. Resumption of EPO Propaganda ('Meet the President') Officially Starts Tomorrow

    Yet another one of these foolish 'Meet the President' stunts, scheduled to take place tomorrow morning



  12. Caricature: Battistelli's New Year's Resolution (More EPO Lies)

    The latest cartoon being circulated within the European Patent Office (EPO)



  13. Donald Trump Gives New Hope to Patent Aggressors and Patent Trolls

    Pessimism about the prospects of patent progress or patent reform in an age of staunchly pro-business Conservatives and glorification of protectionism



  14. More Fake News About the Unified Patent Court (UPC) Based on Lobbying Tactics From Bristows UPC and the Preparatory Committee

    Unified Patent Court (UPC) lobbying has gotten so bad that it now infiltrates general media outlets, where people are asked to just blindly assume that the UPC is coming and is inevitable, even though it's clearly in a limbo and is unlikely to see the light of day



  15. EPO Totally Silent for a Month, But Deep Inside There Are Serious Cracks

    The situation at the EPO seems to be pretty grim, even at the top-level management, and the EPO has gone into permanent silence mode



  16. Links 16/1/2017: Linux 4.10 RC4, Linux Mint 18.1 'Serena' KDE Edition Beta

    Links for the day



  17. 'Financial Director' Publishes Fake News About the Unitary Patent (UPC)

    Response to some of the latest UPC propaganda, which strives to misinform Financial Directors so as to enrich the author and his firm



  18. Independent and Untainted Web Sites About Patents Are Still Few and Rare

    Commentary about news sources that we rely on, as well as the known pitfalls or the vested interests deeply ingrained in them



  19. The 20% Rule: Patent Trolling Suffers Double-Digit Declines and Patent Troll Technicolor is Collapsing

    Significant demise or total catastrophe for the modus operandi (method) of going after companies with a pile of patents and threats of litigation



  20. US Supreme Court Did Not End Apple's Patent Disputes Over Android (Linux), More Cases Imminent

    An overview of some very recent news regarding the highest court in the United States, which has been dealing with cases that can determine the fate of Free/Open Source software in an age of patent uncertainty and patent thickets surrounding mobility



  21. Links 15/1/2017: Switching From OS X to GNU/Linux, Debian 8.7 Released

    Links for the day



  22. Number of New Patent Cases in the US Fell 25% Last Year, Thanks in Part to the Demise of Software Patent Trolls

    Litigation and prosecutions that rely on patents (failure to resolve disputes, e.g. by sharing ideas, out of court) is down very sharply, in part because firms that make nothing at all (just threaten and/or litigate) have been sinking after much-needed reform



  23. America Invents Act Improved Patent Quality, But Right Wingers Threaten to Make It Worse Again

    The past half a decade saw gradual improvement in assessment of patents in the United States, but there is a growing threat and pressure from the patent microcosm to restore patent maximalism and chaos



  24. PTAB -- Not Deterred by Courts -- Continues to Invalidate a Lot of Software Patents

    The Patent Trial and Appeal Board (PTAB) continues to make progress reforming the patent system by eliminating a lot of patents and setting an example (or new standards) for what is patent-eligible after Alice



  25. EPO Abuses Come Under Fire From Politicians in Luxembourg

    Luxembourg is the latest nation in which concerns about the EPO's serious abuses are brought up not only by the media but also by politicians



  26. Constitutionality as a Barrier and Brexit Barriers to UPC Keep the Whole Pipe Dream Deadlocked

    The UPC is still going nowhere fast, but the demise (or death) of the UPC as we know it must not be taken for granted



  27. Links 14/1/2017: Wine 2.0 RC5 and AryaLinux 2017 Released

    Links for the day



  28. Links 13/1/2017: Linux 4.9.3 and Linux 4.4.42

    Links for the day



  29. Brexit Means No UPC (Unified Patent Court)

    Now that Jo Johnson, Boris Johnson's brother, is officially declared the new minister for intellectual property in the UK everything that Lucy Neville-Rolfe wrote is as solid as paper bag on a rainy London day



  30. Patent Trolls and Software Patents: CloudTrade, Patent Practitioners Density, and Via Licensing

    Software patents armament from a British company, charted concentration of the patent microcosm in the United States, and US-leaning patent trolls that prey on China


CoPilotCo

RSS 64x64RSS Feed: subscribe to the RSS feed for regular updates

Home iconSite Wiki: You can improve this site by helping the extension of the site's content

Home iconSite Home: Background about the site and some key features in the front page

Chat iconIRC Channel: Come and chat with us in real time

CoPilotCo

Recent Posts