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

torrentfreak.com

71–80 of 105 posts

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

#71
post #51

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…

I pirate because I don't want to be tracked. I don't want Amazon, AppleTV, Netflix, building a profile on me based on my viewing history.

I feel the opposite, actually. I'm a pretty staunch privacy advocate, but the biggest thing I feel when, say, "obtaining" "through unspecified means" the latest season of Star Trek Discovery is: the studios who made this have no idea I'm watching this, and if enough people did that, it'd look like no one was watching it, so they're less likely to make a season 4.

The secondary argument is, they use that viewing history to influence the production of new shows ("people like shows set in space, lets make more space shows"). I also don't feel this is unreasonable. Ultimately this isn't tracking journalists' movements in an authoritarian regime; its entertainment. If my viewing history leads to the production of more shows I enjoy, who is losing?

Not all tracking is bad. Pragmatically, its not an open-and-shut thing, for me.

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

#72
post #11

I'm a bit confused as to how this even solves anything to do with piracy even if you take the RIAA's side. Youtube et al already have incredibly aggressive copyright filters. I can't actually think of a major media platform that is based in the US sphere of influence that lacks those filters. At best this sounds like reinventing what already exists, but with more bureaucracy. I'm also confused as to how anybody expec…

YouTube has aggressive copyright filters, but only for a specific set of vetted major media owners. The system is actually intended to take copyright disputes outside of the law and let Google negotiate a backdoor license with whatever company they think has the strongest claim to ownership over the content. The average YouTuber is not treated like a copyright owner in this arrangement, and has very limited tools to go after infringing reuploads of their own content.

Furthermore, there's plenty of other services that don't have a Content ID solution, are under the DMCA 512 safe harbor, and still have enormous amounts of infringing material, because the current notice-and-takedown regime puts all the onus of enforcement on the copyright owner. Speaking of, at one point, Google would not service automated search requests, and would comply with takedowns by... linking the user to the takedown request, which has the infringing link on it. Don't ask me how that is actually within the safe harbor.

The underlying problem is that DMCA 512 is underspecified; it just says you need to take down content when asked and put it back up if the uploader is willing to dox themselves. It does not say how the company goes about taking down content. SMART would change it so the Copyright Office determines how far any company has to go in complying with a takedown notice. If they say "video sites need a perceptual hash upload filter", then any site that hosts video and doesn't have said filters is outside of their safe harbor.

The solution to fair use under DMCA 512 is to tell the complainant to sue you and hand them a service address. I don't think that's changing - though practically speaking, if every substantial similarity is being prosecuted as infringement then you basically lose the right to anonymous fair use. The major publishers don't care because...

- They have dedicated staff to handle actual infringement issues, and have gone over everything with a fine-toothed comb

- They are large enough to be able to absorb even large damage awards, whereas the average independent creative would be ruined by even a modest infringement judgment

These are problems mostly orthogonal to the problem of upload filters, though - copyright is a hellish nightmare regardless of whether or not a few extra people get access to YouTube Content ID.

Also, TPB never accepted DMCA takedown requests, that's actually how they got shutdown. The prevailing narrative at the time was that Sweden had no notice-and-takedown law on the books. But that makes no sense, because that law only exists to disclaim liability, not create it. If you don't have DMCA 512, that doesn't mean you no longer have to worry about takedowns. It means you can be sued for the actions of billions of your users. Furthermore, there were standing EU directives at the time that would have required Sweden to implement a DMCA 512-like law anyway.

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

#73

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 abu…

In theory one can be sued for filing false takedown notices. In practice it never happens because it requires proving that the defendant knowingly sent a false notice. This is an impossible burden of proof because the defendant can just plead ignorance and/or incompetence.

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

#74
post #10

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…

We are arguing if the law should work that way, not if it already does or not.

And personally, I don't think it should. The purpose of copyright law is to make it economically viable to publish creative works. Ashcanning your own work very much goes against the copyright bargain, but we don't have any legal provision to counteract it yet.

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

#75

There are a lot of problems in the world and the US right now, and these shmucks are busy worrying about online piracy?

> There are a lot of problems in the world and the US right now, and these shmucks are busy worrying about online piracy?

In the US our lawmakers just do what they're being paid for. They're paid by the media cartel to improve that industry's profits and protect their ability to act as gatekeepers controlling what we're allowed to see or hear.

Our rights, freedoms, and desires don't matter to lawmakers. Only corporations and a very small number of extremely wealthy individuals have representation in government. The average American citizen and honest grassroots campaigns have essentially zero impact on policy. (https://www.cambridge.org/core/journals/perspectives-on-poli...).

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

#76
post #71
post #51

Earlier quoted context omitted.

I pirate because I don't want to be tracked. I don't want Amazon, AppleTV, Netflix, building a profile on me based on my viewing history.

I feel the opposite, actually. I'm a pretty staunch privacy advocate, but the biggest thing I feel when, say, "obtaining" "through unspecified means" the latest season of Star Trek Discovery is: the studios who made this have no idea I'm watching this, and if enough people did that, it'd look like no one was watching it, so they're less likely to make a season 4. The secondary argument is, they use that viewing histo…

If that's what's actually happening on the back end, they're doing a pretty bad job with my recommendations. What I suspect is really happening, though, is that the data collection and analytics are being used to optimize revenue, whether it be from advertising, minimizing production costs or ascertaining just how much bullshit users will put up with, and not to build or release higher quality products. That, or the data is sold.

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

#77

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.

Wait, Blu-ray disks can fetch ads from the internet?! Or are we talking about the disk IO bandwidth?

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

#78
post #71
post #51

Earlier quoted context omitted.

I pirate because I don't want to be tracked. I don't want Amazon, AppleTV, Netflix, building a profile on me based on my viewing history.

I feel the opposite, actually. I'm a pretty staunch privacy advocate, but the biggest thing I feel when, say, "obtaining" "through unspecified means" the latest season of Star Trek Discovery is: the studios who made this have no idea I'm watching this, and if enough people did that, it'd look like no one was watching it, so they're less likely to make a season 4. The secondary argument is, they use that viewing histo…

The same way Mozilla is removing features based on metrics? No, thanks.

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

#79

Would a government-mandated upload filter pass constitutional scrutiny?

Probably. The way copyright law interacts with the Constitution is...

- The Constitution itself says Congress can enact copyright law, as long as the laws themselves have a finite copyright term[0]

- As amended, the Constitution has a prohibition on "Congress" (state actors) making laws that circumscribe speech

- Since the intent of the 1st Amendment was not to immediately repeal the Copyright Clause, both provisions are valid; the 1st Amendment only protects novel acts of speech. The speaker is free to prohibit further speech that infringes upon their own.

- However, said speakers (copyright owners) are not free to prohibit any and all speech that touches their own. Only stuff that actually harms their monopoly on copying. Fair use is how copyright law passes constitutional scrutiny.

- Because DMCA 512 contains provisions for counter-notices and legal penalties for misidentification; people attempting to use copyright as a censorship tool can be punished for doing so.

- The SMART Act appears to amend DMCA 512, so said provisions would still apply. It also does not mandate upload filters on it's own, it just says the Copyright Office may decide to do so.

Whether or not an upload filter would violate the 1st would require SCOTUS to find that the DMCA counternotice provision is too burdensome for speakers making fair uses of copyrighted content. I'm not sure that would fly, even with very strict upload filters everywhere. Courts don't like having to make emergency judgments on these sorts of things, especially in situations where the remedy to the problem is "just send a counternotice".

If you were able to demonstrate in court that a particular mandate for upload filtering unnecessarily burdened speakers, then you probably might be able to overturn a specific Copyright Office SMART Act ruling. However, that would be a huge pain in the ass at best.

[0] It is currently undecided if this includes lim ©->; the closest attempt to apply "limited times" (Eldred v. Ashcroft) to asymptotic infinities failed. The thing about the Copyright Term Extension Act is that it wasn't just a blanket retroactive extension of copyrights; there were actual Germany-flavored reasons to do so.

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

#80

What sucks is how the US will pressure the rest of the world to also implement this garbage. https://www.swissinfo.ch/eng/downloading-and-uploading_what-... I am going to cancel my Netflix and start pirating because am not going to pay more than Germans for netflix and get an even smaller catalog than they get. Germany already pays more than the US for a much smaller catalog. We just get take to the cleaner just beca…

What? Europe absolutely does not need to get pressured to implement restrictive copyright laws. If anything, they are pioneers in the field. The european copyright filters laws of 2018 were even more insane[0]. And in general, IP right holders have a lot more power in the EU than in the US, where the DMCA provides quite a lot of protection relatively speaking.

[0] I have not heard a lot about the copyright filters since 2018 though. I know the controversial copyright directive has been ratified and implemented, but I don't know if it led to any concrete change up until now.

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