Items tagged "DMCA"

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Impressions on the SOPA Markup, Thursday Evening

December 16, 2011 DMCA , Enforcement , Internet Protocol , Open Internet , Piracy

My original plan had been to write up a quick summary of today’s markup, but at this writing, the House Judiciary Committee has discussed less than half of over 50 pending proposed amendments to SOPA. However, there’s a clear trend in the committee regarding amendments—nearly every one voted on so far has been defeated.

I’d been live-tweeting a blow-by-blow of the proceedings so far, but the main takeaways from the markup are probably best recounted thematically, rather than chronologically, since a lot of themes get repeated with each amendment ‘s introduction and debate.

There’s various levels of debate being engaged in during this markup. First, there’s the discussion of the bill text. Then there’s the discussion of the bill’s effects. Third is the discussion of proponents’ and opponents’ motives.

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Manager’s Amendment of SOPA Doesn’t Fix What’s Ailing This Bill

December 14, 2011 Anti-circumvention , DMCA , Enforcement , Filtering , International

Monday afternoon, the House Judiciary Committee released its planned manager’s amendment to SOPA, claiming that it eliminated significant concerns with the bill. While it does fix some of the current version’s outrageous proposals, it leaves some of the most dangerous provisions largely intact. Here’s a brief rundown of our concerns with the manager’s amendment.

DNS Filtering

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Modernizing the Copyright Office, One Database at a Time

November 30, 2011 Copyright Office , DMCA

Right now the Copyright Office is in the process of overhauling how it administers part of the Digital Millennium Copyright Act (DMCA), which has the potential to make the copyright notice-and-takedown process easier for service providers and copyright owners alike. The DMCA provides a safe harbor for online service providers that limits their liability for users’ infringement if they satisfy a number of conditions. One of those conditions is the agent designation requirement: the service provider must designate an agent to receive infringement notices from copyright holders so the service provider can take down the allegedly infringing content (subject to a counter-notice from the user). This week, Public Knowledge filed comments in the Copyright Office’s rulemaking to update its directory of service providers’ agents.

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SOPA and the DMCA Safe Harbors

November 3, 2011 DMCA , SOPA

The Internet is a great facilitator of commerce and discourse. Our laws and policies are designed to preserve this character by preventing sites that host content of others from being shut down or crippled by money damages for their users’ illegal actions. Copyright law achieves this objective by exempting content hosts, such as Youtube and flickr, from liability for their users’ infringing actions so long as these sites comply with certain conditions. These conditions are premised on the idea that copyright owners are primarily responsible for policing sites on the Internet for infringement and protecting their rights. The recently introduced Stop Online Piracy Act (SOPA) would undermine this principle. In the process, it would undermine a vital legal protection that has fostered today’s Internet.

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SOPA and Section 1201: A Frightening Combination

October 28, 2011 DMCA , Enforcement , SOPA

One of the many serious problems with the Stop Online Piracy Act (“SOPA”) (pdf) is how it tacks itself onto existing law to expand liability to people who may be three times removed from any actual copyright infringement. In § 103, SOPA wraps another layer of liability around what are called the “anticircumvention provisions” of the Copyright Act (which are found in section 1201 of the Copyright Act). The goal of the anticircumvention provisions is preventing people from circumventing technology that protects copyrighted works. Importantly, however, some courts have held that § 1201 prohibits circumvention even when the person’s ultimate use of the work does not infringe copyright.

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PK In the Know Podcast

August 26, 2011 BART , DMCA , Fair Use , Piracy , TXTSMS

On today’s podcast, we discuss Fox’s efforts to increase piracy, BART shutting down cell phone service, the Understanding 9/11 project, and the MP3Tunes decision.  Then we talk about how three artists – Rana Santacruz, April Smith, and Mates of State – are finding new ways to reach out to fans.

You can download the audio directly by clicking here (MP3) or stream it using the player below:

Want to subscribe to our podcast? Click here for the MP3 feed.

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Announcing the Winner of the Public Knowledge “Copyright School” Video Challenge!

July 11, 2011 DMCA , Fair Use

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Thoughts on the Copyright Alert System

July 7, 2011 Broadband , DMCA , Filtering , P2P , Piracy

UPDATE: Added mention of the $35 appeal fee in the "Appeals" section below.

Today, major ISPs joined the RIAA and MPAA in announcing a joint program to deal with file-sharing. The document governing this agreement, a "Copyright Alert System," is hosted here. Public Knowledge and the Center for Democracy and Technology issued a joint statement on the CAS, available here.

Beyond that, what does this agreement represent? It extends some of the characteristics of some ISPs' existing voluntary notice-forwarding agreements, while stopping short of a three-strikes-and-you're-out procedure.

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COICA v. 2.0: the PROTECT IP Act

May 12, 2011 Choke Points , DMCA , Enforcement , Piracy , Safe Harbor

The Senate is gearing up for another go-round on rogue websites legislation, and this time, they’ve jettisoned the “COICA” label in favor of calling it the “PROTECT IP Act.” Like a summer blockbuster sequel, it tightens up some things, adds a few new villains, but in the end reprises the same general plot.

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Sheet Music Domain Goes Down Over Bogus Copyright Claim

April 22, 2011 DMCA , Enforcement , Public Domain , Safe Harbor

Yesterday, IMSLP, a website dedicated to archiving public domain sheet music lost its domain name due to a complaint sent by the UK’s Music Publishers Association to the site’s registrar, GoDaddy. The notice incorrectly claimed that IMSLP’s copy of Rachmaninoff’s The Bells infringed copyright. (Coverage by TorrentFreak, Michael Geist, and BoingBoing.)

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