Posts Tagged ‘Intellectual property’

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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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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.