Items tagged "Filtering"
Appeals Court Rejects Viacom Arguments Against YouTubeApril 5, 2012 DMCA , Filtering , Safe Harbor , SOPA
In their case against YouTube, Viacom and other content companies keep looking for ways to impose a duty to monitor on the video-sharing site. Despite the Digital Millennium Copyright Act’s (DMCA) clear statements that services don’t need to monitor, the content companies keep trying to pick away at other components of the law to work their way around it. (Public Knowledge filed a friend-of-the-court brief in this case, arguing that filters and monitoring aren’t required to meet the DMCA requirements)
Today, the Second Circuit Court of Appeals in New York shot down the majority of those theories. Meanwhile, the case has been sent back to the district court level for more factfinding on exactly how much YouTube employees may have known about the presence of specific infringing files on their service.
Manager’s Amendment of SOPA Doesn’t Fix What’s Ailing This BillDecember 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.
Thoughts on the Copyright Alert SystemJuly 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.Read More
Three Reasons Why Google’s Censorship of “Piracy-Related Terms” is a Terrible IdeaJanuary 27, 2011 BitTorrent , DMCA , Filtering , MPAA , Piracy
Earlier today, word spread that Google, presumably bowing to pressure from Hollywood and the recording industry, had begun blocking certain “piracy-related terms” from its autocomplete search feature. As it turns out, the terms in question are “BitTorrent,” “Rapidshare” and “Megaupload”. There are plenty of reasons why this is a terrible idea but for brevity’s sake, I will limit myself to three:Read More
In a couple of weeks, the new Republican majority in the House will probably start hearings on the Federal Communications Commission’s (FCC) Net Neutrality policy. The House majority already officially opened its campaign against a free and open Internet, with the two leading lights, Rep. Marsha Blackburn (Tenn.) and Mary Bono Mack (Cal.) out in front with speeches and petitions.
But before we get to them, let’s share a little secret. Don’t tell Blackburn or Bono Mack, but two Republicans have already voted for Net Neutrality. They can fudge it all they want, but the two Republicans on the FCC, Commissioners Robert McDowell and Meredith Atwell Baker, cast their votes for the Comcast takeover of NBC. And in that takeover order was a merger condition, enforceable by the FCC, for Comcast to run a non-discriminatory, neutral network.
Senator Cantwell’s Net Neutrality Bill: Clear, Simple, and EffectiveJanuary 25, 2011 Filtering , Network Neutrality
Today, Senator Maria Cantwell (D-Wash.) introduced the Internet Freedom, Broadband Promotion, and Consumer Protection Act of 2011 to the Senate. Senator Al Franken (D-Minn.) cosponsored. The bill is a model of clarity, because it starts from a simple premise: What’s best for consumers, and what will best protect the open and democratic character of the Internet? The bill answers that question, by setting up short, simple, no-loopholes rules of the road that ensure that the companies that control the onramps to the Internet don’t get to extend that control and begin determining the shape of commerce and speech online.Read More
In this week’s podcast, we talk about the Library of Congress report on how copyright law is hindering the preservation of sound recordings, automatic filters announced by Canon and Apple, PK’s own IP3 awards, and have an interview with Eric Graham of Cellular South discussing the most important story that nobody knows.
You can download and listen to the audio by clicking here (MP3) or stream it using the player below:
A decision from a federal district court in New York today affirmed that online hosts shouldn’t have to pay if their users are infringing. The opinion, issued by Judge Louis Stanton of the Southern District of New York, found on summary judgment that Google and YouTube qualified for the safe harbors of the Digital Millennium Copyright Act. By acting to take down infringing postings when it was notified of them, YouTube was able to meet the standards of the law, despite the fact that Viacom complained that YouTube generally knew that infringing works were on the site.
A Teachable Moment From Viacom’s “Coulton-gate”June 9, 2010 ACTA , Enforcement , Filtering , Three Strikes
Video bloggers VLOG Brothers posted this entry about SpikeTV, a subsidiary of Viacom, violating musician Jonathan Coulton‘s Creative Commons License for one of his songs (I’ve included the video blog below). Briefly, Coulton has released a video of his song Flickr under a Creative Commons license allowing noncommercial use and requiring attribution. SpikeTV grabbed the video and played commercials before it and associated with while playing.Read More
LimeWire Liable for Inducement, Vicarious Copyright InfringementMay 12, 2010 Enforcement , Filtering , P2P , Piracy , RIAA
Today, a federal district court in New York found LimeWire liable for inducing copyright infringement and vicarious copyright infringement. The court’s decision, at least on those aspects of the case, may not be terribly surprising, given the precedent set in earlier cases like Grokster, Aimster, and Napster. But a few details of the court’s ruling deserve further mention.Read More