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Reckless DMCA Deindexing Pushes NASA's Artemis Towards Black Hole

torrentfreak.com

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Re: Reckless DMCA Deindexing Pushes NASA's Artemis Towards Black Hole

#31
post #25

Earlier quoted context omitted.

Digital piracy took off in part because copyright restrictions were so unreasonable and onerous to begin with. Copyright was last extended to its current absurd length in 1998, and its provisions were retroactive, which is arguably unconstitutional. https://en.wikipedia.org/wiki/Copyright_Term_Extension_Act

It took off because people don't want to pay for things if they don't have to, and the rest is mostly rationalization and retconning.

I think it took off because we finally saw behind the curtain.

By and large, people could ignore copyright for its first few centuries-- it simply wasn't in the face of most people.

In 1799, or 1899 you couldn't reasonably print a commercial-quality newspaper, novel, or sound recording at home. If there was anything resembling commercial-scale copyright infringement, it was a business-versus-business play, and usually the 'knock-off' product was an obvious inferior substitute, or a clear attempt to defraud buyers. You weren't just paying for the "legitimacy" of official works, you were paying for a product higher quality than you can generate yourself.

By 1999, a normal upper-middle-class consumer could buy some sub-$1000 printers and produce his own copies of documents and photographs that looked as good as anything you got from a publisher. He could get a spindle of CD-Rs in a neighbourhood shop and make audio CDs that played as well as commercial ones.

At that point, the obvious question is "this costs me 75 cents to make at home, what am I paying $15 for?" The answers-- "it's legitimate" or "the artist gets paid, blah, blah", did not prove satisfactory enough. The "artist gets paid" one especially rang hollow when we saw plenty of artists sell millions of $15 records and earn enough in royalties to get a Big Mac but not fries.

Only the fear of prosecution was remotely viable to force people to ignore the question and go back to buying "official" media.

Re: Reckless DMCA Deindexing Pushes NASA's Artemis Towards Black Hole

#32

Earlier quoted context omitted.

We need a good balance between pirates and merchants. If the former get too strong, it would stifle innovation and disincentive people from investing into improvements, technology, slowing the humanity’s progress towards a better world. If the latter become too strong, (as it is right now) all those benefits risk to fall in too few hands, making this world even more unbalanced and unjust. Let’s not give for granted t…

>We need a good balance between pirates and merchants. I disagree. We need sensible copyright terms of certainly no more than the patent terms (20 years) and probably a default of half-that. We need to remove closed distribution if we want market forces to act -- by which I mean all distribution services can offer a work (maybe after 1 or 2 years of exclusive use) provided they pay the copyright holder the fee set. N…

I think we can go further. Copyright is a terrible hack. Creative works are not scarce, but they're subject to front-loaded costs. (Write the game/book/song once, and then every subsequent copy is essentially free).

Copyright said "let's force everyone to pretend this non-scarce item is scarce, so we have a way charge a non-zero price and recoup costs." It allowed us to continue to use market-economics tools, because we couldn't think of anything better. However, it also creates an ugly and immoral distortion of how we handle the precious commodity of knowledge, and ends up creating only a few winners at the expense of everyone else in society.

But it's by far not the only way to answer that question. Why not bail on using the market at all? Massively expand the public funding for creative works. Hire armies of software developers and artists to earn a decent wage creating, and we'd probably still spend less overall because we could eliminate the opportunity for a few short-tail bazillionaires and the parasitic industries parceling out "rights".

Re: Reckless DMCA Deindexing Pushes NASA's Artemis Towards Black Hole

#33

Earlier quoted context omitted.

We need to have severe penalties for negligent DMCA takedowns, not just willfully malicious ones. Including disbarment and possibly imprisonment for any lawyers involved. Taking down pages about NASA rocketry because they shared a name with a social media model was probably an accident, but it's an inexcusable accident that never should have happened. These kind of accidents wouldn't happen so often if the people iss…

This is a very nice-sounding fantasy. Too many people profit from the status quo to do such a thing. Lawyers and judges would not dare issue a ruling or enact any law harming their and their friends' profession.

Cynicism like this is poison for changing the political system. Not only have you ceded all ground to the copyright industry - you also discourage others from trying to make a difference.

The public isn't as powerless to enact change as you make them out to be.

Re: Reckless DMCA Deindexing Pushes NASA's Artemis Towards Black Hole

#34
post #4

This would be a really good case to push the Department of Justice to investigate. There are criminal penalties for false claim of copyright infringement, but only the Attorney General can initiate a case. For knocking NASA PR out of search, that just might be possible. Complain to NASA's PR people. NASA still has some political clout. Enough to take on some Instagrammer.

It's rich that someone on Instagram picked the name of a Greek goddess and is able, through the insanity of the DMCA, squat on that name.

DMCA isn't the thing allowing this, its big companies taking dmca notices at face value and just acting on them without caring.

Re: Reckless DMCA Deindexing Pushes NASA's Artemis Towards Black Hole

#35
post #10

Earlier quoted context omitted.

It's rich that someone on Instagram picked the name of a Greek goddess and is able, through the insanity of the DMCA, squat on that name.

It’s almost as if US legal systems actively facilitate cultural appropriation, particularly with DMCA generally being applied by brute force. Using US copyright law to protect an influencer’s appropriation of a 3000 year old name to market their narcissism is exactly a case of that. Not as if it’s a unique name either. Artëm is common for men in Russia and Ukraine.

That is a good idea for a perception campaign against this kind of practice. Calling it "Cultural Appropriation" might trigger more people on the progressive side to get involved...

Re: Reckless DMCA Deindexing Pushes NASA's Artemis Towards Black Hole

#36

Earlier quoted context omitted.

We need a good balance between pirates and merchants. If the former get too strong, it would stifle innovation and disincentive people from investing into improvements, technology, slowing the humanity’s progress towards a better world. If the latter become too strong, (as it is right now) all those benefits risk to fall in too few hands, making this world even more unbalanced and unjust. Let’s not give for granted t…

>We need a good balance between pirates and merchants. I disagree. We need sensible copyright terms of certainly no more than the patent terms (20 years) and probably a default of half-that. We need to remove closed distribution if we want market forces to act -- by which I mean all distribution services can offer a work (maybe after 1 or 2 years of exclusive use) provided they pay the copyright holder the fee set. N…

I agree. If the public domain was as important as copyright, the problem of piracy would largely go away. It's people, living in the midst of the public, that think they have a god given right to create works of art solely for profit. Art is meant to improve the public good. Making money from that work is only a byproduct of your contribution to society.

Since everything is ass backwards, its no wonder people pirate content.

Re: Reckless DMCA Deindexing Pushes NASA's Artemis Towards Black Hole

#37
post #4

This would be a really good case to push the Department of Justice to investigate. There are criminal penalties for false claim of copyright infringement, but only the Attorney General can initiate a case. For knocking NASA PR out of search, that just might be possible. Complain to NASA's PR people. NASA still has some political clout. Enough to take on some Instagrammer.

Nah. It takes an act of God to prosecute anybody for perjury, and these wouldn't even be easy cases to win.

What NASA and anybody else harmed by this stuff (such as say Google) needs to do is to lobby for parity.

The statutory damages for pirating a single pop song in the US are $250,000, and any copyright holder can file a suit to get that amount, under a civil "preponderance of the evidence" standard, without having to involve the criminal justice system at all.

Therefore, the damages for knowingly or negligently filing a false DMCA notice should also be $250,000. Either the wrongly accused person or any service provider inconvenienced by the notice should be able to sue for that amount, under the same standard of evidence. If the preponderance of the evidence shows you didn't take proper care to verify a notice, that'll be $250k. For each notice.

Re: Reckless DMCA Deindexing Pushes NASA's Artemis Towards Black Hole

#38

Earlier quoted context omitted.

They aren't trying to squat on the name. They wanted to remove copies of their own photographs and picked the cheapest lawyer they could find, who proceeded to blast out bullshit notices in their clients' names. Likely because anyone more competent would be entirely outside their budget. If there is anything to learn here, it's that... - DMCA 512 is wholly inadequate for creators because there are zero protections fo…

The media cartels are pretty happy with it, being able to take down massive swaths of the Internet with no realistic consequences for false positives.

The thing is, even the media cartels hate this system, because it requires they go and manually hunt infringement. They don't want to pay that cost. They want something like YouTube's Content ID where they send one notice and all the platforms do what they say (or perish). That's why there was such a big push for yesterdecade's SOPA/PIPA and today's EUCD Article 17.

Re: Reckless DMCA Deindexing Pushes NASA's Artemis Towards Black Hole

#39
post #31
post #25

Earlier quoted context omitted.

It took off because people don't want to pay for things if they don't have to, and the rest is mostly rationalization and retconning.

I think it took off because we finally saw behind the curtain. By and large, people could ignore copyright for its first few centuries-- it simply wasn't in the face of most people. In 1799, or 1899 you couldn't reasonably print a commercial-quality newspaper, novel, or sound recording at home. If there was anything resembling commercial-scale copyright infringement, it was a business-versus-business play, and usuall…

The sad thing is that the 'legitimate' options we have now are arguably even worse - streaming services pay laughably tiny royalties, there's no transparency or consistency, ad supported platforms are markedly worse than broadcast radio/tv were.

Re: Reckless DMCA Deindexing Pushes NASA's Artemis Towards Black Hole

#40
post #10

Earlier quoted context omitted.

It's rich that someone on Instagram picked the name of a Greek goddess and is able, through the insanity of the DMCA, squat on that name.

It’s almost as if US legal systems actively facilitate cultural appropriation, particularly with DMCA generally being applied by brute force. Using US copyright law to protect an influencer’s appropriation of a 3000 year old name to market their narcissism is exactly a case of that. Not as if it’s a unique name either. Artëm is common for men in Russia and Ukraine.

> an influencer’s appropriation of a 3000 year old name

Most of the results for "artemis onlyfans/instagram" are Caucasian. Meaning it is overwhelmingly likely that the model in question is a descendant, at least in part, of literal Artemis worshiping pagans, and is thus not committing any appropriation.

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