Posts Tagged ‘Copyright’

This is an older article published last year on my sister blog (censoringlife.blogspot.com), that never got mirrored here.. Enjoy

So I was reading how google would put any site lower in their search results based on copyright takedown notices given to them by copyright holders. On an article about this (not the linked one), there was a link to this google site showing how many takedown notices google receives per month and what sites are complained about. Most are free file hosting sites, and warez sites, but some big surprises crept in..

First, nearly half of the 2000 links I looked through when browsing page 1 to the page where the 2000 link was posted, were porn sites. A lot of blogging sites crept in as well, and so did facebook, twitter, and other social networking. However, their have been copyright takedowns of gaming file hosting sites as well, probably fraudulent ones.

Here are 10 screenshots showing what sites were given fraudulent takedowns, all circled in red.. These results were set per month so the URLS listed were all complained about in 1 month.

I saw quite a bit of blogger listed, mainly because there are blogger blog with pirated content on them, but wordpress? Sounds like a fraudulent claim, because I refuse to believe that wordpress hosts 763 URLS that have infringing content on them.

Yahoo? WTF!  It’s a search engine and doesn’t actually host anything that could be considered pirated or infringing. With 1808 “Url’s” to boot. I refuse to believe that this is a valid takedown notice, mainly because besides yahoo mail (which nothing pirated can be hosted on), and my.yahoo, what else do you have?

No We have the 335 Facebook takedown notices. Now on facebook, there might be some infringing content, but 335? Sounds awfully fradulent to me. I refuse to believe that 335 URLS have been found per month with obvious infringing content.  Same thing with the below twitter.com takedowns. Twitter doesn’t even allow people to host anything but file links with very short descriptions and short 30 character “tweets”, where are the 333 twitter infringing URLS? Made up, that’s where!

Yet another fraudulent search engine takedown notice with 274 URLS of “infringing content” that is supposedly on a site that can’t even host that stuff. Google.com has search results and the mere idea that they are linking to infringing material might cause these “takedown notices” but there actually isn’t any material on google that is infringing, and notice how this said “google.com”, as in the search engine, not youtube, not gmail, not anything else but the search engine itself… Sounds really fishy to me.

Now we got 239 quite possibly fraudulent takedown notices of content on Scribd.com, a document hosting site.  I’ve never heard of scribd.com even being used to host copyrighted material, and while these results could be genuine, I’m not so sure… Moving on…

Now HERE is the one that pisses me off. Gamefront, formally known as filefront, is a gaming file hosting site, a really big one. It has thousands of video game demos, patches, mods, etc. Not once have I ever encountered anything pirated being hosted there… And I have never even heard of it being associated with piracy, but yet we get 232 takedown notices per month on a gaming file hosting site which probably deletes anything that could be infringing. Are these legit? Hell NO! These sounds fraudulent beyond belief. It’s like 2 copyright holders and 2 more organizations insisted on filing takedown notices on all legal files, because If you believe that filefront/gamefront has mostly legal files, how the hell can they have 239 pirated URL’s discovered per month? It sounds really fishy, fishy like an attempt to take down mods or something like that…

Now we get 192 takedown notices for dailymotion.com, a video sharing site. Whether these takedowns are legit or not remains to be seen, but judging by youtube and it’s thousands of fraudulent takedown notices done by people trying to make a buck off of innocent uploaders, you really cannot trust these to be genuine, can you?

Another yahoo.com search result… Moving on…

Finally, another 66 livejournal URL’s being “found” per month, by 26 quite possibly bogus copyright holders, and 19 “organizations”. I have never heard of livejournal as a source for infringing stuff, and I refuse to believe that 66 have been found per month…..

What we have here, is an example of Copyright Fraud being done on a large scale by people trying to shut down sites that host LEGAL, Non-infringing content. Not once have I discovered any infringing (full games,etc) files on Filefront, or infringing content on Google itself, or on yahoo or wordpress  or on Scribd, etc. Infringing documents maybe but 239 per month? Yeah Right!!! It seem like most of these circled ones are quite questionable at least and obviously fraudulent at worst. And to bring up another completely different subject : Look at all the porn sites listed…. Is copyright law being abused to shut down porn?

It looks like it is, maybe part of the GOP’s “War on Porn” that they announced recently. If the morons in the right wing can over abuse copyright  law to take down Porn, then they can abuse it to take down any site that gets their panties in a bunch (Porn, Violent Games, Modding Sites, Youtube, Social Networking), because I don’t believe that Porn is infringing, hell I don’t see how 16,000+ notices on tons of  porn sites are all infringing on someones copyright. I see how they are all fraudulent to censor them too..

If these results are the ones that will all be listed lower in the search results, then the internet has already been censored, and it will only get worse…

Advertisements
Image representing YouTube as depicted in Crun...

Image via CrunchBase

I am Doing some research on the trans-pacific partnership treaty which would force the US to adopt copyright laws that allow the government to abuse copyright law like no other. The TPP would make the government able to take internet communications which all ISPS would be required to collect by spying on customers to allow the government to find “alleged” copyright infringement, and simply make one accusation of infringement, by saying “this site is filled with pirated links”, without proof, and then force ISPS to tell the copyright holder, force intermediaries like google to shut down the sites in question, and would also penalize temporary copies (think youtube buffer copies) as infringement as well. The spying (deep packet inspection), would be used to frivolously find such buffer copies and then accuse anyone watching any video with anything copyrighted in them with criminal infringement for simply watching the video! Basically this allows the government to legalize censorship of/frivolous lawsuits directed at  any site they see one accusation of infringement on (99% of the internet), or any site the government accuses of infringement based on the fact that they don’t have to prove links on the site infringe. That would be enough to get you arrested and sued under TPP!! One FALSE accusation. According to this site (found while researching TPP), all these  groups/corporations/whatever all lobbied for the TPP, which could be used to take down 99% of the cool parts of the internet, including gaming websites (planetquake,etc), modding sites (moddb, ANY site that hosts mods that have one accusation of infringement), youtube, amazon mp3, internet radio (pandora, etc), indie music sites (soundcloud, reverbnation, etc), and blogging hosts and social networks. It’s scary how the language could be used to censor the internet for “alleged” infringement.

As a consumer, simply complaining to the government and signing petitions, isn’t enough. IMHO. I am considering not buying anything from these groups  until (A) The TPP removes the temporary copies section to prevent buffer copies to be used in frivolous lawsuits takedowns of people who simply watch youtube videos of something that is allegedly infringement (there is a LOT of fraudulent youtube copyright claims especially to lets players, because content ID doesn’t require proof of copyright)  (B) removes the section that says the government doesn’t have to name every “infringing” link without proof of any kind for the ISP to take down the site and replaces it with direct confirmation from the copyright holder with proof of his copyright before the government forces the ISPS to remove said site (C) adds a section that requires a court order with proof of infringement included before the ISP can give deep packet inspection results to the government to find “alleged” infringement (D) Removes the section that mandates that copyright infringement for no profit is criminal infringement.  (E) Enacts Stiff penalties and jail time for falsely accusing someone of infringement, even if it was by accident, to be paid by both the government and the copyright holder.  If none of these changes happen or the US government even attempts to pass these provisions as  law without these changes I shall do everything in my ability to tell people who feel like they could be targeted under the buffer copies BS section for fraudulent infringement,  how to fool deep packet inspection using free plugins for browsers that are easily downloaded.  I already know how. Even if some of the corporations/etc on the list below didn’t lobby for the TPP for it’s IP chapter, It’s still a bad thing to lobby for something like this, and I still don’t really want to buy from them.

Corporations (how many times they lobbied for TPP)

Dow Chemical 12
Dairy Farmers of America 11
Generic Pharmaceutical Assn 11
News Corp 7
Biogen Idec 7
American Automotive Policy Council 7
Milliken & Co 6
Ann Taylor 6
Libbey Inc 6
Boilermakers Union 6
Abbott Laboratories 6
Communications Workers of America 6
Corning Inc 5
Cascade Designs 5
Gildan 5
Alliance for American Manufacturing 5
Footwear Distribs & Retailers of America 5
National Milk Producers Federation 5
McWane Inc 5
Net Coalition 4
Computer & Communications Industry Assn 4
Retail Industry Leaders Assn 4
Biotechnology Industry Organization 4
American Iron & Steel Institute 4
American Manufacturing Trade Action Cltn 4
Fiat SPA 4
National Amusements Inc 4
Express Scripts 4
Prudential Financial 3
International Longshoremens Assn 3
Herbalife International 3
American Farm Bureau 3
Library Copyright Alliance 3
Oceana 3
American Frozen Food Institute 3
Outdoor Industry Assn 3
USA Rice Federation 3
American Assn of Exporters & Importers 3
Homer Laughlin China Co 2
Technology Assn of America 2
National Corn Growers Assn 2
Campbell Soup 2
Animal Health Institute 2
Tyco Electronics 2
American Academy of Family Physicians 2
National Cattlemen’s Beef Assn 2
Cargill Inc 2
Tyson Foods 2
General Electric 2
American Fedn of St/Cnty/Munic Employees 1
Pharmaceutical Rsrch & Mfrs of America 1
Burlington Industries 1
Dell Inc 1
IBM Corp 1
Intel Corp 1
Public Citizen 1
Society of Chemical Manufacturers & Affl 1
Campaign for Tobacco Free Kids 1
Earthjustice Legal Defense Fund 1
NETWORK 1
New York Farm Bureau Federation 1
Illinois Agricultural Assn 1
Visa Inc 1
Nucor Corp 1

(there are others on the site I got this from, but naming them puts me in risk for a “libel” lawsuit, so I am not naming them here)

Sites possibly effected by TPP:

Amazon
Youtube
Facebook
Moddb
Itunes
3dgamers archive
ANY and All of the following gaming sites:
Seriously
Duke4ever
Doomworld
TESNexus
Doom3world
Fallout3nexus
Planethalflife
Func-Messgboard (look it up)
Quaddicted
Unrealsp.org
Beyondunreal.com
Payne Reactor
Planet Deus Ex
The Admirals Command Chamber
Tenfourmaps.telefragged.com
Underworldfans quake review site
Darkplaces
Zdoom.org
Gzdoom website
D2x-xl
Kmquake2
Prboomplus
Doom Legacy
DarkXL
DukePlus
Eduke32 website
Reverbnation
Purevolume
Soundcloud
4Shared
Myspace Music
Myspace
4Shared
Dropbox
FileFront/Gamefront
Atomic Gamer
Rapidshare
4Filehosting.com
Completegamer.net
Mediafire.com
Sendspace.com
Vimeo.com
Zippyshare.com
Blogspot
Wordpress

UPDATE:

Recently the Openmedia group emailed me with this link, it’s a form to email the supporters/drafters of the Trans-Pacific partnership with your concerns. They will display your posts on a wall when they get invited to the next meeting on sep 6-15. I already filled in mine, to give them my 2 cents, I suggest you do the same.  I signed up with them for updates send to my email, that’s how I got the link. Pretty lucky I did. Imagine the backlash when dozens of people email these people with what they all think. It could change the mind of the people and supporters “who are on the fence”, especially people who support video streaming sites, gaming sites, internet radio, etc. If you post the form, make sure to mention how it could be used to take down sites fraudulently, without proof by the government, how it could be used to arrest online video viewers for simply watching a allegedly copyrighted video on a video streaming site because of the temporary copies clause, and also mention how the links that are infringing don’t have to be mentioned all by name, just the assurance of the gov’t that the site has a lot of “infringing links”. It’s important that you don’t actually mention any sites I think could be affected by name,  like “youtube.com” or similar. You don’t want to give them ammo to go after such sites if it goes the way they want.

I’ve been writing about TPP here for the last few days, because In My Opinion, THIS is the big threat to the internet that SOPA wishes it was. For the people who haven’t read any of my posts and don’t know about this at all, TPP is a secret treaty being negotiated by 9 countries (including the US), that is being used to secretly pass downright stupid copyright infringement laws that will end up being abused like no other to take down sites the government finds “infringing”, that’s right, the copyright holder doesn’t have to complain, it’s the governments call, and even scarier according to this site, the government has to simply say the site has infringing links, without proof, without direct specification of which links are actually infringing and the ISPS will be forced to take it down, the person will be forced into jail, will probably be sued too,  because now the ISPS’s will be forced to tell copyright holders the names of anyone found guilty under the proposed legislation of copyright infringement, on the sole account of the government saying “this site infringes, these are the links, etc”. Only that. NO PROOF REQUIRED…

The site goes into the differences between the proposed legislation and the current US copyright law. Among other things, the current copyright law refuses to penalize people for infringing on copyright based on temporary buffer copies PC’s and other devices make, criminal copyright infringement requires at last $1000 dollars to be made with the illegal copies, while TPP would assume ALL copyright infringement is criminal, regardless of how much money is made, so therefore people infringing on copyright who do not make money off of it would all be guilty of criminal infringement under the TPP! It only gets scarier when you read some of the leaked text from the TPP leaked document, that the site linked above shows to see how draconian and corrupt the TPA really is…

“Each Party shall provide that in civil judicial proceedings . . . (b) its judicial authorities shall have the authority to order that materials and implements that have been used in the manufacture or creation of such pirated or counterfeit goods be, without compensation of any sort, promptly destroyed or, in exceptional circumstances, without compensation of any sort, disposed of outside the channels of commerce in such a manner as to minimize the risks of further infringements . . . .”

This text basically says if someone is found guilty under TPP of “criminal infringement” (aka simply any kind of infringement under TPP), and their PC was used to “create” the infringement, the “judiciary authorities” would be forced to “destroy” their PC, to “minimize future infringements”, from that person. Now if the person is uploading illegal music/movies/whatever, that’s one thing. But the TPP also illegalizes any ALLEGED infringement from both permanent and temporary copies. Anyone viewing a video on youtube that is simply alleged to be infringing by the government would end up getting the temporary copies put on their pc. They would get their PC destroyed to “minimize future infringement”. See where this is going?

“Willful copyright or related rights piracy on a commercial scale includes: (a) significant willful copyright or related rights infringements that have no direct or indirect motivation of financial gain . . . .”

This makes it so even if an infringer doesn’t make money off the “infringement” he still is guilty of “Criminal Infringement”.

“. . . that its judicial authorities shall have the authority to order, among other measures, the forfeiture of any assets traceable to the infringing activity, and shall order such forfeiture at least in cases of trademark counterfeiting . . . .”

Lets say some video or some other site online is ACCUSED of infringement. If someone uses anything from that site/video to make something else, the government has the right to destroy that site/video too!

“. . . that its authorities may initiate legal action ex officio with respect to the offenses described in this Chapter, without the need for a formal complaint by a private party or right holder.”

The copyright holder does not have to publicly accuse the infringer. It’s the governments call to what is infringing, and they can “initiate legal action” for whatever reason they want whatsoever. This is free grounds for the government to accuse anyone of infringement without proof from the copyright holder…

“The TPP does not include a limitation on liability of nonprofit educational institutions, as § 512(e) does.”

Anything found infringing, created by a “non-profit educational institution”, would be treated as criminal infringement. Under copyright law there is a limitation on liability which prevents such institutions from being accused of this due to “educational value”. This would illegalize any infringement that is used for such value such as, video game commentary (!)/lets plays/ etc, news broadcasts, video game review, software reviews, etc.

“In the case of notices regarding an information location tool pursuant to paragraph (b)(i)(D) of Article 16.3, the information provided must be reasonably sufficient to permit the service provider to locate the reference or link residing on a system or network controlled or operated by or for it, except that in the case of a notice regarding a substantial number of references or links at a single online site residing on a system or network controlled or operated by or for the service provider, a representative list of such references or links at the site may be provided, if accompanied by information sufficient to permit the service provider to locate the references or links.”

Under the TPP, if the government merely claims a site has a lot of infringing links, that’s enough proof for them. Under current copyright law, the accuser has to prove what links are infringing. This allows TPP to be used for widespread frivolous attacks on anything the government deems infringing, without any proof whatsoever.  In the last article I posted, the sheer amount of youtube video’s that could be merely accused of copyright infringement is quite high.  It includes far more than infringing music uploads…

“Video game commentary, Video game reviews, Video game walkthroughs, Lets plays, video’s of mods for video games especially ones that include content from other games, their are tons of that,  videos of video games that have background music that just HAPPENS to be copyrighted by someone, video’s showing live performances of bands or videos of bands, even if those videos are uploaded by the BANDS OWN LABEL, behind the scenes videos of bands in the studio that play the tracks after being recorded, even though they are uploaded by the BANDS own label, advertisements for any site that hosts indie music, indie music directly uploaded to youtube by the ARTISTS THEMSELVES, indie music uploaded by an artist separately from their own indie hosting site (think reverbnation) not knowing that reverbnation/etc,  happened to copyright it,  clips from TV shows, even ones uploaded with the copyright holders permission, TV shows uploaded with permission, any video where the permission has been secured to upload it,  and any video someone claims fraudulent copyright on, without actually owning the copyright!”

That’s a lot the government can take down with TPP, without having to prove anything. Youtube video links count as links under the TPP, and all the government has to do is merely claim youtube is filled with infringing links and that will be grounded to take them down.

“Without prejudice to Articles 11(1)(ii), 11bis(1)(i) and (ii), 11ter(1)(ii), 14(1)(ii), and 14bis(1) of the Berne Convention, each Party shall provide to authors the exclusive right to authorize or prohibit the communication to the public of their works, by wire or wireless means, including the making available to the public of their works in such a way that members of the public may access these works from a place and at a time individually chosen by them.”

Under this, any site that has any link to something allegedly infringing, that allows people to view them whenever they want, can be blocked by copyright holders if they own the copyright. This is not limited to Youtube (obviously), Any site that links to any content hosted on any of the constantly called infringing hosting sites such as 4shared, amazon MP3 which allows people to purchase digitally mp3 music any time they want, which counts as ” making available to the public of their works in such a way that members of the public may access these works from a place and at a time individually chosen by them”, any and all game modding sites, they also count under this, basically any site that hosts content that someone thinks is infringing and allows access to free downloading.

Now… I looked up more info on the TPP, and wondered who was lobbying for this pile of crap law. I thought everyone’s favorite music industry representative would be on the list but they arent. MPAA is, however, surprisingly so is the ESA, the entertainment software association and many other tech groups, including Yahoo!. The list is on this site.  Under the TPP ANY of the following sites could be taken down…

Amazon
Youtube
Facebook
Moddb
Itunes
3dgamers archive
ANY and All of the following gaming sites:
Seriously
Duke4ever
Doomworld
TESNexus
Doom3world
Fallout3nexus
Planethalflife
Func-Messgboard (look it up)
Quaddicted
Unrealsp.org
Beyondunreal.com
Payne Reactor
Planet Deus Ex
The Admirals Command Chamber
Tenfourmaps.telefragged.com
Underworldfans quake review site
Darkplaces
Zdoom.org
Gzdoom website
D2x-xl
Kmquake2
Prboomplus
Doom Legacy
DarkXL
DukePlus
Eduke32 website
Reverbnation
Purevolume
Soundcloud
4Shared
Myspace Music
Myspace
4Shared
Dropbox
FileFront/Gamefront
Atomic Gamer
Rapidshare
4Filehosting.com
Completegamer.net
Mediafire.com
Sendspace.com
Vimeo.com
Zippyshare.com
Blogspot
Wordpress

If you are a fan of any of these sites, I highly suggest you talk to your congressmen about this treaty, being legislated behind their backs, circumventing the supreme court, for the sole purpose of government led

TPP FTA (TPPA): Trans-Pacific Partnership Free...

TPP FTA (TPPA): Trans-Pacific Partnership Free Trade Agreement Subordinates Nations (And People) To Corporations (Photo credit: watchingfrogsboil)

witch hunts against anyone they claim is copyright infringing. You do this with one click of a button at this site.

I’ve been writing about the Trans-Pacific Partnership (TPP) for a few days. Basically TPP is a huge and secret treaty among “pacific” countries that would force them all to incorporate extreme, unfair and downright stupid copyright laws, not limited to forcing internet intermediaries (google, etc) to filter and block any content accused of “alleged” copyright infringement (aka no proof needed), as well as ISP’s having to shut down access to the people accused and forcing the ISP’s to tell the copyright holders about any of these people accused of “alleged” copyright infringement.

To make things worse, as I mentioned in the previous article, temporary copies found on people’s computers would be enough to make someone liable for copyright infringement, if found by “deep pack inspection”, a technique ISPS would be forced to use to find these temporary copies, which are downloaded in the thousands everytime someone watches 1 youtube video, listens to 1 streamed song off of sites like  soundcloud, reverbnation, purevolume, etc, all specializing in hosting indie music artists music.  The content doesn’t even HAVE to be infringing any copyright for the holder to take action, remember how many fraudulent content ID claims youtube allows, because youtube does not require proof the copyright holder actually holds the copyright! If TPP and the necessary Copyright laws pass this will only increase, by the thousands! Now let me tell you how easy it would be for temporary copies of an infringing work to get onto someones hard drive WITHOUT them actually downloading them…..

Hypothetical situation A:

Some bar is blasting pop music.  The bar’s radio station of choice has the right to play the music. Some guy happens to be walking outside filming himself going to the bar, for some other reason. The music ends up on his video. He uploads it to youtube.  The video is immediately marketed on google like all youtube video’s are, by making it go into the search results.  Someone finds the video. He watches it on his PC. Without his knowledge, around 1000+ temporary copies are created PER viewer, that don’t go away till the viewers clear their cache. And even if they do clear the cache, the damage has been done. Deep packet inspection would have found them the instant they are downloaded, because deep packet inspection involves looking at everything someone downloads with extreme scrutiny while the packets are moving from the youtube site to the person viewing it.  The ISPS would be legally forced to copy these packets and look at them closely to find out if a “temporary” copy is inside any of them and if it’s infringing.  IF The infringing song is found in the packets, the person is then liable for copyright infringement, even though he didn’t actually steal anything!

Hypothetical Situation B:

Repeat the above scenario with the following changes.  The video’ audio is cut out and replaced with a song the person happens to like. Now the person uploading IS guilty of copyright infringement. But that’s not the point. The song is popular and makes the video even more popular. 90% of the viewers don’t know of the song, but every single one of these viewers has 1000+ of these “temporary” copies on their hard drive. And because of the deep packet inspection, each and every one of these viewers, even ones who accidentally viewed the video when youtube automatically played it in part of a playlist due to an error or on purpose, are all guilty of 1000+ counts of copyright infringement under TPP!

Now to examine the damages the people would be facing looking at the latest RIAA case:

The defendant of the latest RIAA case was forced to pay $22,500 dollars PER song downloaded when he only downloaded 30 songs illegally that were only worth $0.99 per song originally. Imagine this number multiplied by 1000 or more, It gets SCARY, Scary like in $22,500,500 per defendant for merely VIEWING a video! In a court case where the entire viewership are co-defendants of eachother (assuming the video gets 100,000 views), that adds up to $2,250,000,000,000 in damages!

If you think the lawsuit bringer would not stoop too that level, you are wrong… RIAA already made the defendant of the case pay $675,000 for 30 songs! If the persons involved show the video starts showing off the video to people on his PC, that number increases even more, lets say he shows the video to 10 friends, that number becomes $225,000,000 for that defendant!!!!

The bar, the uploader, AND youtube would probably  ALL be liable under TPP for ALLOWING infringement as well. The bar allowed someone to copy a song off the radio, don’t think for a second the lawsuit bringer won’t prosecute them.  The original poster even if he didn’t put the song in the video on purpose, would STILL be held liable for allowing copies to be distributed in HIS video, even if the song was “accidentally” played in the video. Now to get to youtube.

Youtube has the reputation as the worst place on the internet, besides warez, where copyrighted material is available, and many people mistakenly believe that youtube profits off of piracy… Why? Their content ID system, which was set up to alert copyright holders to unauthorized infringers uploading their copyrighted works, allows the holders to upload samples of their copyrighted works (without proof), and gives them the option to either take down video’s matching it, or to put ads in the video’s. When people see ads in video’s and they see infringement in the video’s they think youtube are trying to profit off of this, but they aren’t. The Copyright holders are, because it’s THEIR choice not youtube…

Even if you think youtube’s copyrighted works only amount to tv show clips and music pirated as video’s you are in for a shock to what things could generate “alleged” copyright claims on youtube and what does. The following types of videos are considered infringing by someone, not necessarily the movie and music industry:

Video game commentary, Video game reviews, Video game walkthroughs, Lets plays, video’s of mods for video games especially ones that include content from other games, their are tons of that,  videos of video games that have background music that just HAPPENS to be copyrighted by someone, video’s showing live performances of bands or videos of bands, even if those videos are uploaded by the BANDS OWN LABEL, behind the scenes videos of bands in the studio that play the tracks after being recorded, even though they are uploaded by the BANDS own label, advertisements for any site that hosts indie music, indie music directly uploaded to youtube by the ARTISTS THEMSELVES, indie music uploaded by an artist separately from their own indie hosting site (think reverbnation) not knowing that reverbnation/etc,  happened to copyright it,  clips from TV shows, even ones uploaded with the copyright holders permission, TV shows uploaded with permission, any video where the permission has been secured to upload it,  and any video someone claims fraudulent copyright on, without actually owning the copyright!

The sheer amount of video’s where alleged infringement could occur is about 99.9% of youtube video’s then. Even if some of these were not even infringing in the first place, the temporary copies found on the Hard drive of all the viewers would Guarantee that the copyright moguls and their clients would get even more money than they even deserve for this. Due to all the temporary copies being produced of copyrighted material that happens to be uploaded by people who own the rights, the amount of frivolous lawsuits resulting from this will SKYROCKET to the MILLIONS per years by people apparently downloading 1000 copies per video, without actually TRYING to do that. Simply viewing a video will get people thrown in jail and sued.  This will result in More money being given to the Copyright holders in court for something the defendant didn’t even do!  This WILL be used to shut down youtube because of this. Imagine a megaupload trial X100 with youtube for ALL of this PLUS Temporary copies, IP address info given to the copyright holders for ANYONE who Dared to watch any of these videos in question. Anyone who even visited youtube and got into it would be at risk for having to pay 1000X what that defendant did due to the temporary copies!!!!

What’s next after youtube??? If even ONE game related video from that list gets an alleged infringement tag, the copyright holders would get noticed. Now comes greedy gaming companies, suing major modding sites  AND lets players, people linking to those lets plays, for ALLOWING the copyrighted infringing material to be “distributed”, because of the temporary copies found on people’s HDD after viewing the lets plays. You would then get THEM suing youtube.  I watch DOZENS of lets plays, because I love seeing other people playing games. It helps me get into new ones, and helps me to see good strategies in games I have already played. People like me would be targeted also. This whole thing would not end there however.  Any modding site that hosts any kind of mod for any video game that includes content from another game would then be targeted. Here’s the thing. THERE ISN’T a modding site that DOESN’T do this. Every single game has at least ONE mod that does this… Even modified models/graphics/sprites/textures or ones that are based or inspired would get every single Modding site in trouble. And since 99% of the modding sites are hosted by BIG gaming sites dedicated to the game they mod, those parent sites would be next…. You have 99% of the internet sites dedicated to any video game being taken down due to this!!! The following sites could be gone, Doomworld, Duke4ever, Planetquake, PlanetDeusEx, Planethalflife, TESNEXUS, ANY and All game related file hosting sites (gamefront, atomic gamer, etc),  and ALL other big gaming sites that happen to host mods, nevermind MODDB and other modding sites dedicated to hosting the latest mods, ALL would be targeted under this… But that is just  the microscopic tip of the iceberg…..

Streamed video in youtube is only 1% of the total streamed content online… the rest include internet radio sites, like Pandora, Snakenet internet radio and others, and ANY site that has streamed music on it. After defeating youtube and modding sites, Amazon probably will  be the the music industry’s next target, for it’s Amazon Mp3 download service and Amazon cloud drive, which recently got heat from the music industry for allowing people to host their own BOUGHT music on the cloud….  Amazon MP3 Allows people to buy music legally online and the price is much lower (9.99 for album vs 20+ per Phsyical CD), due to the lack of packaging and medium.  However the music industry probably won’t like this because they think they don’t make enough money from REAL cd’s from amazon so… Next comes the Big Amzon.com take down where they demand Amazon get taken down because they are distributing “pirated” mp3 files.  Even though Amazon is not. Just because the service is “legal” does not mean the industry won’t file a big lawsuit. Under TPP the chance is MUCH greater this will happen, due to the fact the ISPS have to block any site that has any allegation of infringing content on it. One Mogul saying “Amazon Mp3 is all pirated stuff” is enough to get Amazon.com shut down too. It’s the only good source of music to many people, not just me, because of the fact of  the perfect selection of music and the cheap price. But that scenario only the tip of the iceberg….

There are literally Dozens of indie music hosting sites, ALL with streaming capabilities. A big one is soundcloud, another big one is reverbnation. I had my own metal music hosted on both for a while. Then you add in myspace music and facebook too because plugins for the later and the first allow streaming music. ANYONE DARING to listen to any music from any of these sites IS LIABLE for copyright infringement under the TPP, due to the temporary copies being made, thousands from one song being played!!!

Next come the number 1 enemy of Piracy morons everywhere, sites like 4shared, zippyshare, mediafire, megaupload, rapidshare, which all have LEGIT files being hosted.  Under the TPP, the ISPS’s have to filter and block ANY site that has been ACCUSED of infringement, that includes ANY of the following sites, and if one of these sites haven’t been accused, they will eventually, I guarantee it. This list,  which I shall constantly print on any article bashing the TPP and use as tags to get the sites owners (hopefully) involved in the attack against the TPP.

Amazon
Youtube
Facebook
Moddb
Itunes
3dgamers archive
ANY and All of the following gaming sites:
Seriously
Duke4ever
Doomworld
TESNexus
Doom3world
Fallout3nexus
Planethalflife
Func-Messgboard (look it up)
Quaddicted
Unrealsp.org
Beyondunreal.com
Payne Reactor
Planet Deus Ex
The Admirals Command Chamber
Tenfourmaps.telefragged.com
Underworldfans quake review site
Darkplaces
Zdoom.org
Gzdoom website
D2x-xl
Kmquake2
Prboomplus
Doom Legacy
DarkXL
DukePlus
Eduke32 website
Reverbnation
Purevolume
Soundcloud
4Shared
Myspace Music
Myspace
4Shared
Dropbox
FileFront/Gamefront
Atomic Gamer
Rapidshare
4Filehosting.com
Completegamer.net
Mediafire.com
Sendspace.com
Vimeo.com
Zippyshare.com
Blogspot
Wordpress

If Anyone reading this likes any of those sites I highly suggest you click the take action button on this linked page by the EFF, so that your Congressman know about  the BS that’s being done BEHIND THEIR back by the executive branch, CIRCUMVENTING the Supreme court, and Congress to allow the copyright moguls  to sue 1000X as much people, for simply viewing a video!

 

Image representing YouTube as depicted in Crun...

Image via CrunchBase

While browsing the internet for more info on the TPP, which I wrote about in my previous article, I came across This Page posting Articles on TPP. The TPP, Like SOPA Before it, would severely criminalize and censor any “alleged” copyright infringement. But one thing I did not know about till today is that “Temporary copies” of copyrighted work would get you thrown in jail or sued… What are temporary copies?

Every time your PC connects to a site to view a site, stream audio from internet radio, stream video from youtube, etc, it makes at least one temporary copy on your PC. In the case of youtube video’s, Up to thousands of temporary copies, all less than 1 second long are made.  Everytime you  view copyrighted art on a website that has the rights to use it, temporary copies are made on your PC, till you clear your cache.  Under TPP all the temporary copies could get you in trouble for copyright infringement. Youtube (even though it does have tons of infringing stuff on it) could get some people into SERIOUS trouble. Imagine viewing one video that has something infringing in it and being sued for over 1000 violations due to the fact that 1000 plus temporary copies were found on your HDD because you were too lazy to clear your temp files. Think that is fiction? If TPP passes it won’t be…

But that isn’t really the scary part… The article above is on a site that also has another article called “what’s actually in the TPP?”. The site clearly states that the TPP would force internet services like google, and ISP’s to perform something called “deep packet inspection”, to look for these temporary copies, among other things. Imagine millions of people being sued for copyright infringement for simply VIEWING the Web!!! Under TPP this is would be reality. Simply viewing one video on youtube that just happens to infringe on something would download the 1000 or so temporary copies onto the persons HDD. Deep packet inspection comes next and finds them… Imagine being sued for something that happens all the time on people’s PC, 1000 times over…. Even worse, people like Quizgroupmovies and other “copyright holders”  have proven time and time again that simply claiming they own the copyright is enough. They don’t have to actually own it….  IF tpp passes then there will be a HUGE rise of fraudulent lawsuits against people for merely viewing a video, by people claiming to own it, but they won’t have to own it in the first place. The Copyright moguls do not care if their claims are fraudulent. They just want money. More and more money.  Recently a guy was forced to pay $22,500 PER SONG for downloading only 30 songs that normally would be $0.99, by the RIAA. That’s over 20,000 times more than what their worth!!!! Imagine that X10 for simply viewing one video! Hell the video doesn’t even have to violate the Morons copyrights. They can just claim it does. Simply put, TPP will legalize whole sale frivolous lawsuits for any reason whatsoever.

This could cause Serious problems for internet radio. Internet radio uses streaming (which always causes temporary copies to be created) as it’s core.  Simply listening to one artists music on something like Pandora or any site hosting music that has streaming music abilities, could get your arrested under the TPP… Every single indie music upload site such as purevolume, reverbnation, soundclick, soundcloud, they all have streaming music. Hell my indie metal solo artist is on soundcloud. Already soundcloud has been labeled a “piracy” site because it allows artists to make their music free downloads as mp3’s.  Imagine what will happen if TPP is passed and someone from some copyright group  decides to call anyone who dares to listen to ANY of the artists on ANY of these sites, infringing for 1000+ counts due to temporary copies? It would be HELL for anyone caught listening to internet music in ANY form if what below (deep packet inspection) comes true. You would possibly get thousands of lawsuits, all frivolous, all against people daring to stream music on any of these sites… None of the streaming music has to infringe for their copyrights for them to press charges on ANYONE daring to listen to them. Frivolous lawsuits WILL result from this, I guarantee it…

The people who claim that their music and movies are being pirated and that their losing money over it are the biggest morons alive. They represent crappy fake pop artists an even worse, (c)rappers, and horrible movie makers. Music has simply gone down the tubes so much lately it isn’t funny. Do these people deserve $22,500 per 30 songs “allegedly” stolen? Hell No! They certainly don’t deserve billions of dollars because someone dared to listen to a video online that happened to contain their song. That person didn’t steal their song!!! The temporary copies on that persons HDD should not be reason to throw someone in jail for multiple counts of “copyright infringement”, the most fraudulent “crime” I have ever heard of ever…

The only reason we are seeing this is because SOPA and ACTA failed. That was partially because of people contacting their reps complaining about them. Even with that happening with TPP, there is less chance it will do anything because A) We don’t know the entire treaty because it’s being negotiated in secret B) And it’s a treaty not a bill and there is less chance the supreme court could get involved, or no chance at the worst. Still People who value freedoms and people who are against the fraudulent Copyright infringement BS copyright moguls have been doing lately should really contact their REP’s about this. If you don’t know how to do that, visit this site to do it with one click of a button.

I saw an article online mentioning an amendment to SOPA that gets rid of the two part of the bill my first post mentioned that could be used to target sites that host user content that could be considered copyright infringement or could allow copyrighted works to be posted.  The “managers amendment” made by the Author of the Bill, gets rid of the language in the bill that does these things, making it so that the bill, if the amendment is passed, can’t be used to take down facebook/blog hosts/youtube if copyrighted material is uploaded by users, and also the bill cannot be used to target sites that “don’t follow the high standard” of non-copyright infringement, aka sites that are unintentionally or intentionally designed in a way so copyrighted material can or is being posted.  However the amendment itself still has one fatal flaw that could still make it target modding sites for video games:

 

If the site’s primary function is to offer goods that infringe on copyright, or offers part of goods that infringe on copyrights, it can still be shut down. How does this relate to mods? Like I said in my first post, many modding sites host mods for video games that include skins based on models skins from the original game, and older games that use sprites instead, have many mods that are based upon old sprites from the original game, even going to the the extreme of simple recolors. These are still copyrighted, so modding sites that offer these mods fit into the bill’s category of “offering parts of goods that infringe copyrights”.  Under this Bill, even if this “manager’s amendment” is passed, it still can be used against mods. However, none of this likely even matters in the long run, because the amendments to the bill were mostly shot down by congress, and if this one hasn’t, it probably will be.

Freedom is still at stake folks, contact your representative now, to do you part to try to stop this!

 

 

Continuing my post on SOPA’s possible effect on the internet, I reloaded a article mentioned in Techdirt’s article on SOPA, (linked in the video for the bill entitled “WTF is SOPA?”) that mentioned how GroupM (A huge advertising company) set up a blacklist of sites that affiliates were not supposed to post ads on, because according to GroupM, they were “pirate” and “copyright infringement sites”. The  article in  question on techdirt mentions Vimeo (a youtube alternative), and many download sites, and also hip hop related blogs. However it failed to mention an even more bizarre twist. Using a link to the document itself, searching by me revealed 2 gaming sites are on this list as well. Filefront.com (a game related download site, hosting legal downloads of game demos and patches, etc), and Telefragged (a video game hosting site, long defunct, that used to host old quake related sites, such as planetquake). It also mentioned several sites on blogspot, all hosting illegal content…

 

Now here’s the problem. Under SOPA, sites like the gaming ones would be targeted, if people like this listed them as “infringing” sites. They would be shut down, and there goes fan sites for about 12 games (if telefragged was counted and is still around (it isn’t) ). BIG fan sites. With Multiple sites for mods and other stuff. Not a small portion of the internet. Then comes the blogs. The law would end up taking down the ENTIRE bloggger.com hosting service if a copyright holder found that the blogspot blogs hosting illegal content (warez) were part of blogger, which they are.  Then, if this list is correct, file hosting sites for gaming would be under attack as well. Rapidshare, mediafire, megaupload are already targeted as “piracy” related sites already. If filefront is listed among them in one persons blacklist, it must be on others to. Since filefront changed to gamefront, that would be targeted to.  Take filefront/gamefront down and you take down the last free download site for legal game downloads such as patches, mods, demos, etc. See the problem I have with this. Most of these “copyright infringement” sites are indeed that, but a few aren’t and blogs and gaming sites are already among them.. Sigh… Read more on sopa in my article on it the ones linked below.