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

The Cyber Show on How Data is Misused and Broadcast is Abused to Crush Resistance to Harmful Technology
We recently published a number of articles about how Computer Science is coming under attack
Assessing the "Worth" of a Life
Don't let blunt plutocrats decide whether Venezuelans deserve sympathy or not
More Weight of IBM's Stock is Ascribed to Lies and Things That Do Not Exist
Turning stones into gold?
SLAPP Censorship - Part 118 Out of 200: Exposing Crimes is Not a Crime, It is a Public Service
We will soon enter the sixth year of lawfare
 
Microsoft Falls to Lowest Value Since 2023
Microsoft can come back down to somewhere below $100
This Could be the Start of Microsoft's Biggest Wave of Layoffs in 50+ Years
This is what it looked like for Intel a few years ago
The Register MS is Promoting a Pyramid Scheme for Money, But It Is Over 6 Million Pounds in Debt
How much lower can the reputation of this publisher sink?
Gemini Links 25/06/2026: Unix-like People and NeoGeo
Links for the day
Members of the Delegations in the EPO's Administrative Council Told That Amid Unrest Campinos Must Go; a Year of EPO Strikes Means It's Time to Change Leadership
Which strategy is needed for the European Patent Organisation?
Increasing Participation Rates in Staff Representatives' Elections at the European Patent Office (EPO)
The industrial actions seem to have brought colleagues closer together
Microsoft's Mass Layoffs Have Already Begun (Could Not Wait 'Til July)
Microsoft's biggest layoffs round in 50+ years?
Planning 20-Year Techrights Event
Interested people can contact us in IRC
Links 25/06/2026: Earthquakes Strike Venezuela, Conflict of Interest in Kangaroo Court UPC
Links for the day
Links 25/06/2026: "Why We Need Seed Legislation" and XBox Chaos Predicted by Insiders
Links for the day
Gemini Links 25/06/2026: Hobbies Change, Young love, Strange Encounter, and Raspberry Pi Zero W
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, June 24, 2026
IRC logs for Wednesday, June 24, 2026
Don the Con Meets the Conman From IBM, Shares of IBM Continue Sliding Some More
The "Quantum" hype did not last long [...] PIPs are the new layoffs
Retaliatory Whistleblowing Expected at Microsoft During or After the Mass Layoffs
Retaliatory behaviour by Microsoft will backfire
Gemini Links 24/06/2026: Heatwave, Steam Next Fest, and Year of Buying Guitar Pedals
Links for the day
Links 24/06/2026: China Tops "TOP500", Impact of Microsoft’s Massive Layoffs Extends Further, Internet Society's Community Snapshot
Links for the day
While Thousands at IBM Lose Their Jobs ("Silent Layoffs") IBM's CEO Goes Begging the Dictator for Bailouts, Based on Deliberate Lies About "Quantum"
Many who claim to be retiring are only in their 40s and 50s. They're too proud to publicly admit what IBM did to them.
European Patent Office (EPO) Series: London Calling...
EPO Vice-President in charge of the "Patent Granting Process" is likely to have been a pay-off for the support which the UK gave to Campinos in 2017
Faking Productivity With Slop and Wasting Money on Faking 'Productivity': A Microsoft Story
If the quality of everything at Microsoft goes down
IBM Sends Workers 'Packing', Sometimes With the "Low Performer" Label That Imperils Their Future
To many people out there, IBM correlates with deceit
Links 24/06/2026: Four-Day Workweeks, GM Cut 1,000 Workers at Its EV Plant, 21,000+ Oracle Layoffs
Links for the day
A Step in the Right Direction (EU) in the Fight Against LLM Slop From GAFAM (US)
We've already mentioned this in Daily Links, but let's discuss this a little further
SLAPP Censorship - Part 117 Out of 200: Libel Tourism or Defamation Forum-Shopping in the United Kingdom Condemned by the European Union (EU)
Last week we reminded readers that the EU had criticised UK defamation law
Demonstration Next Week at the European Patent Office (EPO), Administrative Council Seen as Complicit
Corruption in Europe hurts all of us
IBM is Now Hinged on False Accounting and False Promises
This is the legacy of the current CEO
"PARTNER CONTENT" or 'Content Farms' That Promote Slop and Misinformation (The Register MS)
The Register MS represents a big part of the problem we all face
Wikipedia - Like Some Free Software Projects Infiltrated and Bribed - Bans Its Own Founder
Over the years we've named (not shamed) some projects and organisations that got corrupted by money and ended up banning their own founders
Turn Off the Slop, It's Wasting Energy and Destroying the Planet (the Only Planet We Have)
Right now we see lots of headlines about energy shortages and drained-up reserves
Lessons From Almost 30 Years of Site-Building Activities
We still strive to become faster and lighter
Do Not Outsource (the Seductive Mirage)
Abandoning so-called 'conventional wisdom'
Media Complicit in IBM Fraud Meant to Prop Up the Share Price Based on Lies, Fabrications
Even IBM insiders are fuming at this
The “Aktion T4” at the European Patent Office (EPO) Saves Money for the President's Own Purse
Call for parents of children with special needs
In Some Countries, Windows Has Lost Its Monopoly
Windows fell to an all-time low globally this month
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, June 23, 2026
IRC logs for Tuesday, June 23, 2026
Gemini Links 24/06/2026: Motivation, PostScript Printer, and Why Hyperscalers and the Smolnet are Compatible
Links for the day
The Media's "Satya Says" Syndrome Distracts From Grim Reality
how insiders see Microsoft slop
Oracle's Collapse Has Nothing to do With Slop, It's About Its Debt Exploding by Almost 50% in Just 12 Months
How are people meant to trust the media?
SLAPP Censorship - Part 116 Out of 200: 5 Years of Multiparty Lawfare Against Techrights, Funded by Americans and Also by Third Parties (Including Microsoft Salaries)
The public and our government will be informed in full
Now... a Word From Our Sponsor
Powerade
Links 23/06/2026: Microsoft Studio Closures and Journalism Subjected to Further Cuts
Links for the day
Gemini Links 23/06/2026: Gardens, Basketball, Blocking Hyperscaler, and New Commodore Phone
Links for the day
Links 23/06/2026: Apple Price Hikes and Technical Debt in Slop
Links for the day
After IBM's Shares Collapsed the CEO is Trying the "Quantum" Trick Again, Bolstered by a Demented Dictator in the White House
from what we can gather IBM's CEO is trying to get the US government to participate in the scam
Greece Ought to Curb the Threat of Social Control Media
its national discourse seems to be run by an American company called Facebook
State of the GNU/Linux Desktop (and Laptop)
The time to advocate GNU/Linux is now
The 'XBox Narrative' Distracts From Destructive Cuts Across the Whole of Microsoft
Microsoft is preparing to lay off a likely record-breaking number of people [...] this isn't just an XBox problem
SLAPP Censorship - Part 115 Out of 200: Spending the Next Decade Writing About SLAPPs and Trying to Fix the System
It's the same industry that got paid by corrupt EPO officials to try to cover up the corruption
Microsoft's Stock Fell Nearly $200, But the Real Problems Are Just About to Begin
if they dump slop, what will they tell shareholders?
The Cyber Show on Starmer and Software Freedom
The Cyber Show's Andy has just explained why our departing national leader wasn't all bad
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, June 22, 2026
IRC logs for Monday, June 22, 2026
Gemini Links 23/06/2026: Girlrotting, Homeworlds at BGA, Slop Ruins Sites
Links for the day