Posts Tagged ‘Fallout3Nexus’

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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.

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Right now, the US and 8 other countries are all negotiating a secret treaty, the “trans-pacific partnership agreement” (or TPP) behind the backs of the congress that according to a recent leak, would force each country who ratifies this faux treaty to pass extreme draconian “copyright” laws that will make the government able to read private data gotten by ISPS and see what stuff among this could be copyright infringement, and without any proof, simply make one claim of infringing links, and then force the ISPs to shut down the persons net connection and tell the copyright holder the government claimed the transmission/site infringed on, then force google/etc to remove the sites in question and filter them out from search results, basically giving the gov’t free reign to shut down anything and give copyright holders free reign to make millions of money off of frivolous lawsuits. Even worse, infringement of “temporary” copies (like buffer copies of youtube videos) are considered infringement under this, and even not making any money off of said “infringement” makes a person liable for criminal infringement under this. So basically simply watching a youtube video could get you arrested under this for copyright infringement, because watching one video that is copyrighted puts 1000’s of temporary copies on your HDD and the ISPS would catch this and find you guilty of infringement due to “downloading illegal copies”. What trash….

I mentioned in one of my latest articles about TPP, how Megaupload was shut down and my files, all video game mods, not infringing in any way, were all deleted.  It seems that TPP, which is being negotiated in secret in Leesburg VA, from SEP 6 to 15, could be used to shut down more sites like megaupload, which there are tons of…. And every single one is targeted by the copyright moguls as “piracy sites”, with claims of how each and everyone of these sites are profiting off of piracy, even though many of these sites have disclaimers that they are against piracy and will delete copyrighted files. And many of them do.

The Problem is that many of these sites have a “Premium” account that supports more file size for a price paid per month, usually from 30 to 100 dollars depending on the premium accounts size increase over the free account. Usually multiple premium account types exist with more of a price and more file size allowed. The problem is that none of the pirated files are uploaded to these premium accounts, at all. Pirates split their archives into 200 different copies all around 30 MB or so, to fit them on the free account, but to also make it so the person trying to illegally download them will have to download 200 files by clicking 200 links that all will open in new windows, why?

Pirate sites are almost always virus infected, the serious ones. And if they aren’t they require clicking on (virus filled) ad links that are to get access to the download links. The more time a pirated file downloader spends on the pirate site the more likely his PC will get infected to send out spam.  The problem is that file upload sites like megaupload cannot possibly profit off of files uploaded to their free account. The ads found on these sites fill the sites and no matter how “legal” a file you are downloading is, you will still get ads. Their profiting off the ads, but the crazy allegation that megaupload and others are “profiting off piracy”, is BS, plain and simple. The pirates don’t even have to pay more money to host their files, and don’t even want to do that. They make their money off of Spam/Virus related crap, and don’t want to have to pay more money to upload.

Now onto megaupload’s takedown. I had perfectly legal files on that site, all video game mods I was distributing on a video game modding blog, none of them were infringing, yet the copyright moguls and the executive branch morons dare to take it down and possibly “investigate” my files? Since the megaupload take down and investigation was done in complete secrecy by morons in the executive branch who refuse multiple requests by EFF and others to return files to their legal owners, who didn’t infringe, I have no way of knowing if my files are among them…. They deserve the crap they get out of this, Simply uploading to any file uploading site puts us legal uploaders in the crosshairs… you use megaupload, you’re a pirate, it’s that simple, they all think that…

It’s no surprise, that simply uploading to one of these sites gets a “pirate crosshair” (suspicion of piracy) put on you, due to this article. A big industry advertiser, GroupM, sets up ads for the music industry on other sites, apparently, hiring others to do the real work involved (correct me If I am wrong). They posted a massive, thousands of entries long, list of sites they forbid advertising to, due to the sites being “pirate sites”.  Surprise!!!!, every single fire hosting site you can think of is on this list, rapidshare, megaupload, zippyshare, filestube, dropbox (who has a policy against uploading copyrighted files), 4shared, sendspace, mediafire,  and even worse, filefront, telefragged, and soundcloud!!!! All of them besides the last 3 have had some pirated files on them, and that’s only a reality of free file hosting sites, the more files get uploaded, the more likely someone will post something “infringing” or “allegedly infringing”.

The real issue is that filefront, a gaming file hosting site is on this list. Filefront has absolutely NO infringing files on it, by default it can’t… All it does is host game demos, mods, addon levels, patches, editing utilities, all legal files related to video games.  Telefragged.com is a huge host for video game fan sites, all large in size, such as planetquake, any planet(instert game name here).com site, there are over 15 of them, planethalflife, planetdeusex, planetdoom, planet-you-name-it. Each one of these hosts dozens of dozens of other sites, many of them modding sites. Since modding involves distributing assets from the parent game with the mod to make it work, in certain cases, the chance that TPP will not be used to shut down one of these big sites is almost nonexistant. The infringing content on the mod site, really is on the big parent site, making that big parent site get taken down. Since that big parent site is really a subsite of telefragged.com, the request would move up the chain to telefragged, taking down ALL of these sites for copyright infringement under TPP, due to the “alledged” copyright infringement.  Then comes sites like 3dgamers archives which host thousands of levels for many many games, totalling in the millions for all games combined, plus mods. You get the same problem. There is not a single game out there that doesn’t have one mod that re-destributes content from the parent game, getting all of 3dgamers archive shut down. There goes every single brilliant doom megawad ever made due to one claim of copyright infringement on the whole site based on one mod for some completely different games. This isn’t even factoring in mods that take stuff from other games, which are quite common. You add in that and you get an overwhelming guarantee that the site will get shut down due to a copyright complaint.

Then you have soundcloud, a place where indie artists share their music with fans. It allows downloads in mp3 format, and since many people stupidly assume that mp3 = must be pirated, it won’t be long before it gets shut down too. Like I said in the previous article, this could affect DOZENS of popular gaming, file upload, video sharing, indie music, and internet radio sites. The real problem is that GroupM either purposely or accidentally put telefragged.com, soundcloud.com,  and filefront.com on their blacklist. I can’t see how these inclusions on their list can be an accident, with the exception of filefront, because many other sites on their list had file as their beginning, they thought filefront was just another megaupload. But that simply cannot explain why telefragged and soundcloud got on the list accidentally. In My honest opinion the fact telefragged and soundcloud are one there is proof, to me, that the copyright moguls are going after game modding sites and indie music sites as well as true infringement sites, to erroneously claim they are all infringing. They need laws like SOPA/TPP to do this because under TPP, the gov’t doesn’t need to list every infringing link separately, just simply say any site is filled with infringing links, without proof, to make it so the ISP is forced to shut down the person who made the site, from the net, and to force Google/etc to filter it out and take down the site.

If the threat the TPP poses to sites like this doesn’t scare you, then maybe the threat it poses to youtube and amazon might scare you even more. Either way, we have a law being forced down on the congress via a bogus treaty, that could be abused even more than SOPA could if it got passed, on a global scale, to take down many, many sites, for “alleged” copyright infringement. You could get every single site that the govt accuses of having infringing links on it, taken offline, their owners arrested and sued, all behind the copyright holders back, millions of millions of people being arrested and sued  for merely watching youtube videos that have one thing the government says is copyright infringing, due to temporary copies being found on their hard drive by packet sniffing (deep packet inspection), which would be required to be done by ISPS to hunt for internet traffic that the government may find infringing, and all of this is being done behind the congresses back, the supreme court is being usurped, with no say on how constitutional this is, just for more money by copyright moguls? It isn’t right… Someone has to do some serious standing up to this. On openmedia.org there is a petition with over 100,000 signatures. If you think you could be affected by this, sign the petition. It’s being taken to the supporters at the next secret meeting in VA between Sep 6 and 15 as a protest by openmedia.  Also make sure to visit eff’s page to click one button and tell your Rep’s and Senators how you feel about this. Send your own custom message to tell them how much of the internet is in danger from this, mentioning how innocent sites such as gaming, file hosting, video sharing, indie music, and internet radio sites could all be shut down under this law for merely being accused of infringement, without proof, and that temporary copies found on people computers when viewing a video could get them in trouble with the law for copyright infringement simply because the government claimed the video is infringing and that they were purposely downloading the temporary copies, just by one allegation!!!  It’s important that citizens stand up to this and use the government rights to tell our congressmen we have to protest crap like this. If there is no fight, this will pass. Do you really want to be sued for $22,500,000 for simply watching a video? It could happen to you if you don’t take part in this. It’s a scary world, and it only gets scarier.

Sites that could be effected by this (printed out in each of the articles I write on 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

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.