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U.S. Senators Introduce SMART Copyright Act to Combat Piracy

torrentfreak.com

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Re: U.S. Senators Introduce SMART Copyright Act to Combat Piracy

#61

Post by heavyset_go »

bitwize wrote: post #10
uo21tp5hoyg wrote: post #5

I don't pirate music, I don't pirate games, I don't pirate software, I don't pirate anything but TV and movies and the reason is simple: piracy is a service problem for me. I know where to get music/games/software, I have no idea where to get the movies and TV I want to watch, they're spread over 20 different services, 90% of which are not available in my country and the ones that are don't have that specific content…

You are not entitled to any movies or television shows at any quality at all because it's not your IP. If someone wants to shoot a movie and then lock it in a vault, never to be seen by anyone, Prince-style, that is their right. If they want to change it to remove and permanently memory-hole offensive elements, that is their right. If they want to release it only in certain formats, up to and including theatrical-onl…

Fair use says you're often entitled to parts of IP-protected works for the purposes of education, exposition, parody, reverse engineering, the historical record, etc.

A journalist's right to fair use of IP is often hampered by the platforms the IP is distributed under. If Google had their way, journalists wouldn't be able to use yt-dlp, or other clients, to include clips from content published on YouTube in their reporting.

Re: U.S. Senators Introduce SMART Copyright Act to Combat Piracy

#62

Post by DebtDeflation »

>The bill requires online hosting services to implement standard technical protection measures, designated by the Copyright Office.

How does it define an "online hosting service"? Literally any computer connected to the internet could potentially be considered an online host.

Re: U.S. Senators Introduce SMART Copyright Act to Combat Piracy

#63

Post by gutitout »

Eddy_Viscosity2 wrote: post #52

I didn't see any mention of fixing the biggest problem with the current system: no penalties for false claims. If I post a video of myself playing moonlight sonata to youtube, and somebody puts a copyright claim (or more than one) against it, then it gets taken down and I suffer the consequences, but there is no mechanism for penalties for what amounts to fraud by the claimant. They should automatically get fined (pa…

This legislation is to protect those that paid for the legislation directly. It is not intended for the tax payers.

Re: U.S. Senators Introduce SMART Copyright Act to Combat Piracy

#64

Post by partiallypro »

Eddy_Viscosity2 wrote: post #52

I didn't see any mention of fixing the biggest problem with the current system: no penalties for false claims. If I post a video of myself playing moonlight sonata to youtube, and somebody puts a copyright claim (or more than one) against it, then it gets taken down and I suffer the consequences, but there is no mechanism for penalties for what amounts to fraud by the claimant. They should automatically get fined (pa…

It took me abnout 6-7 months to get an account restored because the appeal process with Facebook took that long. I even reached out to the actual copyright holder and got a letter saying I could reuse the video (a very short clip, maybe 10 seconds) which was automatically flagged by Facebook. I can't even imagine the appeals hoops you'd have to jump through with this new proposal.

Re: U.S. Senators Introduce SMART Copyright Act to Combat Piracy

#65

Post by heavyset_go »

Eddy_Viscosity2 wrote: post #52

I didn't see any mention of fixing the biggest problem with the current system: no penalties for false claims. If I post a video of myself playing moonlight sonata to youtube, and somebody puts a copyright claim (or more than one) against it, then it gets taken down and I suffer the consequences, but there is no mechanism for penalties for what amounts to fraud by the claimant. They should automatically get fined (pa…

The system will never be set up to punish rights holders as it is meant to enrich them.

Re: U.S. Senators Introduce SMART Copyright Act to Combat Piracy

#66

Post by nullc »

Eddy_Viscosity2 wrote: post #52

I didn't see any mention of fixing the biggest problem with the current system: no penalties for false claims. If I post a video of myself playing moonlight sonata to youtube, and somebody puts a copyright claim (or more than one) against it, then it gets taken down and I suffer the consequences, but there is no mechanism for penalties for what amounts to fraud by the claimant. They should automatically get fined (pa…

If you were objectively harmed you shouldn't need any additional law to go after them for damages ... except for the fact that youtube absolutely refuses to tell you who filed the false complaint (as I've personally experienced).

You could try to bring an action joining youtube but google is so wealthy that it's nearly essentially immune to litigation, including by states-- so it would be a waste of time.

Re: U.S. Senators Introduce SMART Copyright Act to Combat Piracy

#67

Post by Someone1234 »

Eddy_Viscosity2 wrote: post #52

I didn't see any mention of fixing the biggest problem with the current system: no penalties for false claims. If I post a video of myself playing moonlight sonata to youtube, and somebody puts a copyright claim (or more than one) against it, then it gets taken down and I suffer the consequences, but there is no mechanism for penalties for what amounts to fraud by the claimant. They should automatically get fined (pa…

- A false DMCA takedown notice can result in a lawsuit including damages and legal fees.

- Most YouTube takedowns have nothing to do with the DMCA as YouTube has their own proprietary system. This system is extrajudicial. This system has the type of problems you're raising and little recourse.

I actually think the DMCA takedown process itself is problematic, but YouTube's own private one is a whole extra level of abusive.

People need to remember that laws reforming the DMCA would do nothing to fix YouTube's system, unless they outright banned YouTube/Google from operating an extrajudicial system.

Re: U.S. Senators Introduce SMART Copyright Act to Combat Piracy

#68

Post by heavyset_go »

ipnon wrote: post #8

It's getting to the point that services will simply be hosted outside the United States, the index page will say "this site shall not be used by United States citizens," and then people can go about using the Web like it already works anyway . It seems Senators don't understand well what it is they're trying to accomplish because they don't understand how the Web works.

Pretty sure many countries have agreements to recognize US IP and its protections, and the ones that don't are incentivized (i.e. punished) into recognizing them, as well.

Re: U.S. Senators Introduce SMART Copyright Act to Combat Piracy

#69

Post by autoexec »

goosedragons wrote: post #59
heavyset_go wrote: post #54

Earlier quoted context omitted.

Don't forget when DVDs shipped with ads that your DVD player wouldn't let you skip.

And when Blu-rays started wasting your bandwidth to show you ads you can't skip. Such progress.

The increased DRM was a bit part of the push to get people to switch from DVD to Blu-ray. I've had phone calls with confused and frustrated relatives who wanted to know why it is they can't play the movie they just bought at the store. I had to tell them that it's because their blu-ray player needs to be connected to the internet in order to beg for permission to play the new movie. The player didn't support wireless, so the "easy" options for making it work were to either run a very very long ethernet cable up a set of stairs and through 5 rooms to let it connect, or to drag their blu-ray player as well as their huge TV into the basement every so often to connect it, or to buy an insanely overpriced wifi adapter made specifically for their player and wait for that to arrive by mail, or to simply pirate the movie and never have a single problem.

Re: U.S. Senators Introduce SMART Copyright Act to Combat Piracy

#70

Post by autoexec »

bitwize wrote: post #10
uo21tp5hoyg wrote: post #5

I don't pirate music, I don't pirate games, I don't pirate software, I don't pirate anything but TV and movies and the reason is simple: piracy is a service problem for me. I know where to get music/games/software, I have no idea where to get the movies and TV I want to watch, they're spread over 20 different services, 90% of which are not available in my country and the ones that are don't have that specific content…

You are not entitled to any movies or television shows at any quality at all because it's not your IP. If someone wants to shoot a movie and then lock it in a vault, never to be seen by anyone, Prince-style, that is their right. If they want to change it to remove and permanently memory-hole offensive elements, that is their right. If they want to release it only in certain formats, up to and including theatrical-onl…

> So take what they offer you or leave it. Anything else is a violation of the law.

Just because it's legal for companies to screw you over doesn't make it right or desirable. If they force us to work outside of the law to protect ourselves and our right to access and make use of our own history and culture that's what we'll do.

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