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.