The global internet isn't threatened by this. If anything, it makes it easier for companies like Twitter and Google to spread out into other cultures.
If someone wants a .com or .eu address, they can just ask someone to set it up for them, or use a proxy. If that makes it easier for the users to bypass their governments regulations and allow the companies to wash their hands of it, it will only strengthen the internet.
He's pointing out that many here are falling into the zero-sum economics fallacy.
Just because person A sees a free movie doesn't mean you lost a sale. That person may not have gone to see the movie in the first place. However, if that person was impressed with the movie, they may buy a dvd or some other kind of merchandising in the future, generating a net gain.
That person may recommend the movie to a friend, who may pay to see it and/or also buy into some kind of merchandising in the future.
To me, it seems the content industries obsession with zero sum economics is blinding them to the potential of the internet.
A system like this won't work because after the "I license you to use this file" tick box there will be one that says "even if this is copyrighted, this file falls under Fair Use."
Laws that punish fair use will also violate the first amendment.
I think it will come down to something like "if everyone knows it's never okay and the material is easily identifiable, like the child porn case, then the service provider is much more likely to be held liable."
Since most works are already copyrighted at the moment of their creation now, service providers cannot be expected to know if the material is licensed to be on their site.
This is especially true if the user has already represented that they have the authority to license the work to that site. Holding the service provider liable for what it cannot reasonably know would not survive strict first amendment scrutiny.
disclaimer: IANAL but I do follow this stuff pretty closely
Re: Love most of what the Senator says, strongly disagree with this...
It makes sense to me. It costs jobs in the United States. If it were fair competition, that would regrettable, but understandable. However, it's not.
If the Chinese produce a product at a loss, they discourage other investors from the market. That diverts resources, human capital, research grants, ect that would improve the science and manufacturing of green tech into other things.
As oil gets more expensive, the United States (and whatever other countries you happen to be in) needs to be in the business of producing economical alternative energy to lower the cost of living and industry for everyone.
The Chinese are distorting the market place so that doesn't happen.
But it is proof of knowledge of the password. Unless she has already admitted that she knows the password, which she should not have done, then it would be self incrimination.
That would require that you admit it is your computer and/or you have knowledge of the password to the judge. Over here, I'm pretty sure that's goes against the Constitution.
I would like to see the governments rational before over reacting. Maybe megaupload wasn't complying with the DMCA, or maybe they paid company officers to upload copyrighted material.
On the post: Whistle-blowing Scientists (Trying To Prevent Dangerous Products From Reaching The Market) Sue FDA For Snooping On Their Personal Email Accounts
Re:
On the post: The End Of The Global Internet? Google's Blogger Starts Using Country-Specific Domains To Permit Local Censorship
If someone wants a .com or .eu address, they can just ask someone to set it up for them, or use a proxy. If that makes it easier for the users to bypass their governments regulations and allow the companies to wash their hands of it, it will only strengthen the internet.
On the post: Slovenian Ambassador Apologizes For Signing ACTA [Updated]
I could sign ACTA too, but it wouldn't mean much.
On the post: Is The 'Legislative Solution' To Online Infringement To Create A Content Use Registry?
Re: Re: Re: Re: Re: Re: Re: LOL
Just because person A sees a free movie doesn't mean you lost a sale. That person may not have gone to see the movie in the first place. However, if that person was impressed with the movie, they may buy a dvd or some other kind of merchandising in the future, generating a net gain.
That person may recommend the movie to a friend, who may pay to see it and/or also buy into some kind of merchandising in the future.
To me, it seems the content industries obsession with zero sum economics is blinding them to the potential of the internet.
On the post: Is The 'Legislative Solution' To Online Infringement To Create A Content Use Registry?
Re: Re: Re: Re: Re: LOL
I think a lot of marketing people would disagree with you.
On the post: Is The 'Legislative Solution' To Online Infringement To Create A Content Use Registry?
Laws that punish fair use will also violate the first amendment.
On the post: Apparently Veoh Isn't Dead Enough For Universal Music; Asks For Rehearing Of Its Bogus Copyright Lawsuit
On the post: Senator Ron Wyden's Favorite Techdirt Posts Of The Week
Re: Re: Re:
Since most works are already copyrighted at the moment of their creation now, service providers cannot be expected to know if the material is licensed to be on their site.
This is especially true if the user has already represented that they have the authority to license the work to that site. Holding the service provider liable for what it cannot reasonably know would not survive strict first amendment scrutiny.
disclaimer: IANAL but I do follow this stuff pretty closely
On the post: Senator Ron Wyden's Favorite Techdirt Posts Of The Week
Re: Love most of what the Senator says, strongly disagree with this...
If the Chinese produce a product at a loss, they discourage other investors from the market. That diverts resources, human capital, research grants, ect that would improve the science and manufacturing of green tech into other things.
As oil gets more expensive, the United States (and whatever other countries you happen to be in) needs to be in the business of producing economical alternative energy to lower the cost of living and industry for everyone.
The Chinese are distorting the market place so that doesn't happen.
On the post: Senator Ron Wyden's Favorite Techdirt Posts Of The Week
Thanks From The Internet
On the post: Senator Ron Wyden's Favorite Techdirt Posts Of The Week
Re: Queston for the Senator
On the post: Twitter Decides To Censor Locally, Rather Than Block Globally, In Response To Government Demands
Re: It is also an elegant way
On the post: Twitter Decides To Censor Locally, Rather Than Block Globally, In Response To Government Demands
Re: really?
On the post: Twitter Decides To Censor Locally, Rather Than Block Globally, In Response To Government Demands
Re: It is also an elegant way
On the post: Judge Says Americans Can Be Forced To Decrypt Laptops
Re: Re:
On the post: Judge Says Americans Can Be Forced To Decrypt Laptops
Re: Re:
On the post: Judge Says Americans Can Be Forced To Decrypt Laptops
Turning over a password is an admission of ownership/knowledge of the password and I will not admit that is my laptop.
I never knew the password.
I expect this will get overturned on appeal... or lawyers will be much more careful about what they tell their clients to admit to.
On the post: Clay Shirky: Why SOPA's Not Going Away
Next Steps
Some sort of easy to use special effects toolbox for the home user would put a big nail in the coffin of big contents strategy.
On the post: The Internet Strikes Back: Anonymous Takes Down DOJ.gov, RIAA, MPAA Sites To Protest Megaupload Seizure
It's too early to know if this is justified
On the post: What Is Ron Paul Thinking? Sues To Unmask Anonymous Internet Users
Re: HuffingtonPost
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