Posts Tagged ‘Quaddicted’

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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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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.