I wonder if OpenAI, et.al were eagerly awaiting this verdict because once an ISP is liable...well I'm sure you can extrapolate from there.
Supreme Court Sides with Cox in Copyright Fight over Pirated Music
151–160 of 369 posts
Re: Supreme Court Sides with Cox in Copyright Fight over Pirated Music
#152[flagged]
Most opinions from the Supreme Court are unanimous.
Re: Supreme Court Sides with Cox in Copyright Fight over Pirated Music
#153A tiny victory. Copyright should not be more than a decade. This intellectual property system is one of the worst things to happen in modern society is what I would have said a few years ago, now I got bigger problems but I'm still mad.
Disagree on the decade. There are plenty of examples of great movies or other works that took longer than a decade to bring to the public. Those projects would have been completely non-viable if their content could have been stolen after creators put a decade into their development.
I think 25 or even 50 years is more defensible. But 100? Nah.
But the crushing problem today for many of us here is SOFTWARE PATENTS. These should never have been allowed in the first place; and until their scourge is abolished, everyone is at risk for having his work stolen with one.
Re: Supreme Court Sides with Cox in Copyright Fight over Pirated Music
#154Hilariously (and appropriately), the decision cites Sony Corp. of America v. Universal City Studios, Inc. , also known as the "Betamax case." > (a) “The Copyright Act does not expressly render anyone liable for infringement committed by another.” Sony Corp. of America v. Universal City Studios, Inc., 464 U.S. 417, 434. > In Sony, copyright owners sued the maker and the retailers of the Betamax video tape recorder. Id…
> The lower court found the Betamax maker liable because the tape recorder was “not suitable for any substantial noninfringing use” and infringement “was either the most conspicuous use or the major use of the Betamax product.” I don't know anyone who sold television recordings, it was always for personal use. How could the lower court get this so wrong? Was this just one uninformed judge? Or was this actually less c…
I had a relative who setup a kinda "blockbuster" type service recording things and offering them out for rental. It really took off for VHS when he got HBO and recorded movies and then rented those. It wasnt a very lucrative hustle but it was an instance of what they didnt want to have happen
Re: Supreme Court Sides with Cox in Copyright Fight over Pirated Music
#155Hilariously (and appropriately), the decision cites Sony Corp. of America v. Universal City Studios, Inc. , also known as the "Betamax case." > (a) “The Copyright Act does not expressly render anyone liable for infringement committed by another.” Sony Corp. of America v. Universal City Studios, Inc., 464 U.S. 417, 434. > In Sony, copyright owners sued the maker and the retailers of the Betamax video tape recorder. Id…
> The lower court found the Betamax maker liable because the tape recorder was “not suitable for any substantial noninfringing use” and infringement “was either the most conspicuous use or the major use of the Betamax product.” I don't know anyone who sold television recordings, it was always for personal use. How could the lower court get this so wrong? Was this just one uninformed judge? Or was this actually less c…
I suppose that selling is not necessary, distribution is. Record a movie off cable TV, share with your friends, and lo and behold, they're not going to buy the licensed VHS tape! And maybe even not going to subscribe to cable TV! Losses, losses everywhere.
Re: Supreme Court Sides with Cox in Copyright Fight over Pirated Music
#156Earlier quoted context omitted.
Big tech should loose its safe harbor protection. It’s both an aggregator AND a curator. The algorithms showing you what to see is no different than a newspaper editor. Just like newspapers big tech should be liable for their “feeds” showing harmful and defamatory information
I don’t see how it would ever make sense to hold social media liable for user posted defamation. Look at the recent Afroman defamation lawsuit and consider how YouTube is supposed to know whether that music video was defamatory or not. It took a court 3 years to reach a conclusion but you want YouTube to make that same call instantly, on millions of posts a day. What you’d get is a world where Afroman’s (non defamato…
I think the difference should be whether they are a dumb pipe, or whether they exercise editorial control and/or promote some content over others.
If you are truly a dumb pipe, that just transmits whatever the users post, then you shouldn't be liable for what goes over your wires. Like the phone company.
As soon as you start acting as an editor: amplifying some content and downplaying (or removing) other content, re-ordering it, ranking it, and so on, then you are placing your name on the content and in a sense should share liability around it.
Companies should have to deliberately decide who they are going to be: are they just wires like the phone company, or are they a newspaper's letters-to-the-editor department? They shouldn't be able to act like one, but have the liability of the other.
Re: Supreme Court Sides with Cox in Copyright Fight over Pirated Music
#157Hilariously (and appropriately), the decision cites Sony Corp. of America v. Universal City Studios, Inc. , also known as the "Betamax case." > (a) “The Copyright Act does not expressly render anyone liable for infringement committed by another.” Sony Corp. of America v. Universal City Studios, Inc., 464 U.S. 417, 434. > In Sony, copyright owners sued the maker and the retailers of the Betamax video tape recorder. Id…
They were right. I never sold a taped VCR, but my parents used it to time shift Saturday morning cartoons every week.
Time shifting for personal use is expressly legal (making a personal copy). It was also an early form of ad-blocking, because a VHS recorder could stop recording at a set time, thus skip a block of commercials, and then continue. There were suits about that, too.
Re: Supreme Court Sides with Cox in Copyright Fight over Pirated Music
#158Re: Supreme Court Sides with Cox in Copyright Fight over Pirated Music
#159Just to try and understand the decision, an analogy that’s coming to mind would be like saying a van manufacturer wouldn’t have liability if it’s used in a bank robbery. However if the manufacturer sold it with the intent for the buyer to use it for bank robbery (the manufacturer having the intent in this case, as well as the robber themselves), then they could become partially liable. Have I got that right?
Yes, as much as I understand it. You have to either make a van that's specifically tailored to performing bank robberies (a door-smashing attachment at the front, a pulley to quickly get the safe box inside, etc), or at least advertise it as such ("Will get you from the robbery site faster than police can react!"). Otherwise, it's just a van. Owning a van, or selling a van, is not illegal because it could also be used to break law. (One's hands can be used to break law, but this does not lead to a liability for merely possessing hands.)
Re: Supreme Court Sides with Cox in Copyright Fight over Pirated Music
#160A tiny victory. Copyright should not be more than a decade. This intellectual property system is one of the worst things to happen in modern society is what I would have said a few years ago, now I got bigger problems but I'm still mad.
I'm not sure I agree that any single fixed term makes sense. Rather, I think it'd be better if the exponential cost to society (in terms of works that don't happen, and works that don't happen based on those works that didn't happen and so on compounding) was just part of the yearly renewal price. Do maybe everyone gets 7 years flat to start with, then it costs $100*1.3^(year). So after another 25 years it'd be aroun…
I think I like the idea, but I can't help wondering if it would have unforeseen consequences.
Could this approach undermine the protections afforded by open-source licenses? (IANAL.)