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Showing posts with label Copyright. Show all posts
Showing posts with label Copyright. Show all posts

Thursday, June 2, 2011

Senators Want To Put People In Jail For Embedding YouTube Videos | Techdirt

Newspaper advert: "United States and Fore...Image via WikipediaFor those who love to share the Truth and keep others updated this could very well be a way to stop all that. This bill is for one reason only. To keep people misinformed and to keep them from not seeing the real news and events around the world. If it's not be be embedded just click on the don't embed button. Other than that leave it alone.
See the full article here.
http://www.techdirt.com/articles/20110601/01515014500/senators-want-to-put-people-jail-embedding-youtube-videos.shtml
Okay, this is just getting ridiculous. A few weeks back, we noted that Senators Amy Klobuchar, John Cornyn and Christopher Coons had proposed a new bill that was designed to make "streaming" infringing material a felony. At the time, the actual text of the bill wasn't available, but we assumed, naturally, that it would just extend "public performance" rights to section 506a of the Copyright Act.

Supporters of this bill claim that all it's really doing is harmonizing US copyright law's civil and criminal sections. After all, the rights afforded under copyright law in civil cases cover a list of rights: reproduce, distribute, prepare derivative works or perform the work. The rules for criminal infringement only cover reproducing and distributing -- but not performing. So, supporters claim, all this does is "harmonize" copyright law and bring the criminal side into line with the civil side by adding "performance rights" to the list of things.

If only it were that simple. But, of course, it's not. First of all, despite claims to the contrary, there's a damn good reason why Congress did not include performance rights as a criminal/felony issue: because who would have thought that it would be a criminal act to perform a work without permission? It could be infringing, but that can be covered by a fine. When we suddenly criminalize a performance, that raises all sorts of questionable issues.

Furthermore, as we suspected, in the full text of the bill, "performance" is not clearly defined. This is the really troubling part. Everyone keeps insisting that this is targeted towards "streaming" websites, but is streaming a "performance"? If so, how does embedding play into this? Is the site that hosts the content guilty of performing? What about the site that merely linked to and/or embedded the video (linking and embedding are technically effectively the same thing). Without clear definitions, we run into problems pretty quickly.
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Monday, March 1, 2010

Open Wi-Fi 'outlawed' by Digital Economy Bill

Wi-Fi logoImage via Wikipedia

clipped from news.zdnet.co.uk
The government will not exempt universities, libraries and small businesses providing open Wi-Fi services from its Digital Economy Bill copyright crackdown, according to official advice released earlier this week.

This would leave many organisations open to the same penalties for copyright infringement as individual subscribers, potentially including disconnection from the internet, leading legal experts to say it will become impossible for small businesses and the like to offer Wi-Fi access.

"This is going to be a very unfortunate measure for small businesses, particularly in a recession, many of whom are using open free Wi-Fi very effectively as a way to get the punters in," Edwards said.

"Even if they password protect, they then have two options — to pay someone like The Cloud to manage it for them, or take responsibility themselves for becoming an ISP effectively, and keep records for everyone they assign connections to, which is an impossible burden for a small cafĂ©."

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