We Remember The Magic Café We Remember
Username:
Password:
[ Lost Password ]
  [ Forgot Username ]
The Magic Cafe Forum Index » » Not very magical, still... » » SOPA, and you thoughts (0 Likes) Printer Friendly Version

 Go to page 1~2~3~4~5 [Next]
kcg5
View Profile
Inner circle
who wants four fried chickens and a coke
1875 Posts

Profile of kcg5
A great number of websites are not happy with this bill, and several (my favorite site, Reddit, being one) are having "blackout" days, some people are switching their business to sites that do not support the bill (StopOnlinePriacyAct). Godaddy.com supported in the beginning, but after a public outcry, it appears they backed down.

So, your thoughts? Any staff member care to take a shot?

1/18 is when reddit will go dark
http://blog.reddit.com/2012/01/stopped-t......all.html
Nobody expects the spanish inquisition!!!!!



"History will be kind to me, as I intend to write it"- Sir Winston Churchill
Tom Cutts
View Profile
Staff
Northern CA
5856 Posts

Profile of Tom Cutts
Wait, so Reddit only survives by stealing Intellectual Property.

Interesting.
kcg5
View Profile
Inner circle
who wants four fried chickens and a coke
1875 Posts

Profile of kcg5
I certainly didn't say that.. YouTube could find itself in the same spot.


When I said staff, I meant from a Café point of view. No offense.
Nobody expects the spanish inquisition!!!!!



"History will be kind to me, as I intend to write it"- Sir Winston Churchill
kcg5
View Profile
Inner circle
who wants four fried chickens and a coke
1875 Posts

Profile of kcg5
Cool. The Café puts its own mark on the "e". Snazzy
Nobody expects the spanish inquisition!!!!!



"History will be kind to me, as I intend to write it"- Sir Winston Churchill
critter
View Profile
Inner circle
Spokane, WA
2551 Posts

Profile of critter
"Flambe."

Edit- Huh. Didn't work.
"The fool is one who doesn't know what you have just found out."
~Will Rogers
kcg5
View Profile
Inner circle
who wants four fried chickens and a coke
1875 Posts

Profile of kcg5
Haha
Nobody expects the spanish inquisition!!!!!



"History will be kind to me, as I intend to write it"- Sir Winston Churchill
kcg5
View Profile
Inner circle
who wants four fried chickens and a coke
1875 Posts

Profile of kcg5
Now wiki is involved.. not just that one site, reddit..

http://www.washingtonpost.com/business/t......ory.html
Nobody expects the spanish inquisition!!!!!



"History will be kind to me, as I intend to write it"- Sir Winston Churchill
MobilityBundle
View Profile
Regular user
Las Vegas/Boston
120 Posts

Profile of MobilityBundle
SOPA gets unfairly harsh treatment in the press. Although it's far from perfect, a lot of the fervor is unjustified in my opinion.

A lot of the criticism comes in the form of "SOPA is terrible because it gives the US government / the corporate elite the power to censor the internet virtually at will, with no recourse available to the victims of censorship." In actuality, the "targets" of SOPA are pretty tightly defined, and there are checks and balances built in to the bill to mitigate abuses.

... which is not to say the bill is perfect. In my mind, the most serious criticism has nothing to do with shades of "Big Brother," but rather there are some technological problems that suggest the bill won't accomplish what it aims to accomplish. For networking geeks interested in more detail, see here:

http://www.scribd.com/doc/73106069/Napol......-16-11-c
Woland
View Profile
Special user
680 Posts

Profile of Woland
SOPA is not going to happen during the present Congress. Representative Issa stated:

Quote:
"While I remain concerned about Senate action on the Protect IP Act, I am confident that flawed legislation will not be taken up by this House. Majority Leader Cantor has assured me that we will continue to work to address outstanding concerns and work to build consensus prior to any anti-piracy legislation coming before the House for a vote,” said Chairman Issa. “The voice of the Internet community has been heard. Much more education for Members of Congress about the workings of the Internet is essential if anti-piracy legislation is to be workable and achieve broad appeal.”

"Earlier tonight, Chairman Smith announced that he will remove the DNS blocking provision from his legislation. Although SOPA, despite the removal of this provision, is still a fundamentally flawed bill, I have decided that postponing the scheduled hearing on DNS blocking with technical experts is the best course of action at this time. Right now, the focus of protecting the Internet needs to be on the Senate where Majority Leader Reid has announced his intention to try to move similar legislation in less than two weeks."
gdw
View Profile
Inner circle
4817 Posts

Profile of gdw
Quote:
On 2012-01-15 01:45, MobilityBundle wrote:
SOPA gets unfairly harsh treatment in the press. Although it's far from perfect, a lot of the fervor is unjustified in my opinion.

A lot of the criticism comes in the form of "SOPA is terrible because it gives the US government / the corporate elite the power to censor the internet virtually at will, with no recourse available to the victims of censorship." In actuality, the "targets" of SOPA are pretty tightly defined, and there are checks and balances built in to the bill to mitigate abuses.

... which is not to say the bill is perfect. In my mind, the most serious criticism has nothing to do with shades of "Big Brother," but rather there are some technological problems that suggest the bill won't accomplish what it aims to accomplish. For networking geeks interested in more detail, see here:

http://www.scribd.com/doc/73106069/Napol......-16-11-c


Right, because no government legislation has ever opened the door for "unintended" consequences, nor have they ever been used to go after people they were clearly not intended for, and the checks and balances ALWAY keep everything in check, and balanced.

Many of the problems come from exactly how the "targets" are described. The descriptions leave plenty open, and include far more than just those "pirating" material.
It's amazing, people will criticize you for "biting the hand that feeds you," while they're busy praising the hand that beats them.

"You may say I'm a dreamer, but I'm not the only one."

I won't forget you Robert.
MobilityBundle
View Profile
Regular user
Las Vegas/Boston
120 Posts

Profile of MobilityBundle
Quote:
On 2012-01-16 13:50, gdw wrote:

Many of the problems come from exactly how the "targets" are described. The descriptions leave plenty open, and include far more than just those "pirating" material.


How so? (Care to elaborate?)
gdw
View Profile
Inner circle
4817 Posts

Profile of gdw
I'd have to double check the current bill, as it probably has gone through some changes since I last looked into it thoroughly, but some kid uploading a video of them doing karaoke would be open to being pulled.

Essentially any site that allows for user posted material, which, now adapts is pretty much all of them, would be open to being taken off line.
It's amazing, people will criticize you for "biting the hand that feeds you," while they're busy praising the hand that beats them.

"You may say I'm a dreamer, but I'm not the only one."

I won't forget you Robert.
kcg5
View Profile
Inner circle
who wants four fried chickens and a coke
1875 Posts

Profile of kcg5
Quote:
On 2012-01-16 15:42, gdw wrote:
I'd have to double check the current bill, as it probably has gone through some changes since I last looked into it thoroughly, but some kid uploading a video of them doing karaoke would be open to being pulled.

Essentially any site that allows for user posted material, which, now adapts is pretty much all of them, would be open to being taken off line.


This was why I posted it here, and asked for an opinion from the staff (about the Café). If passed, and yeah-it's out now, but someday, something like it will pass, I could link a youtube vid here (that maybe has a scene from "the sting" in it, and then maybe the Café could itself be shut down.
Nobody expects the spanish inquisition!!!!!



"History will be kind to me, as I intend to write it"- Sir Winston Churchill
MobilityBundle
View Profile
Regular user
Las Vegas/Boston
120 Posts

Profile of MobilityBundle
Quote:
On 2012-01-16 15:42, gdw wrote:
I'd have to double check the current bill, as it probably has gone through some changes since I last looked into it thoroughly, but some kid uploading a video of them doing karaoke would be open to being pulled.

Essentially any site that allows for user posted material, which, now adapts is pretty much all of them, would be open to being taken off line.


What if I told you that that wasn't the case -- not by a longshot? Not in the current bill, and not as it originally read? It may be useful to have the full text of the bill handy. So here it is:

http://thomas.loc.gov/cgi-bin/query/F?c112:1:./temp/~c112RtWXUf:e11714:

The current bill has two modes of enforcement: enforcement by the Attorney General (title II, section 102), and enforcement by "the market" (title II, section 103). "The market" are the copyright holders... think Viacom, Sony, etc.

The AG can only take action against "foreign infringing sites." That is defined in section 102(a), but basically means a foreign site that is already committing criminal infringement (under existing law), AND would be subject to seizure in the U.S., if it weren't foreign.

In other words, SOPA doesn't extend enforcement beyond the extent to which existing criminal law is defined. To be sure, it takes a lot to *criminally* infringe intellectual property. Even uploading unquestionably copyrighted content to, say, YouTube isn't criminally infringing. To criminally infringe requires (among other things) that the infringer commercially profit from the infringement.

As for the Viacoms and Sonys (Sonies?) of the world, they can only go after sites that are "dedicated to theft of U.S. property." That phrase is defined in section 103(a)(1). There are two ways to be dedicated to theft of U.S. property:

One way involves being "primarily designed or operated for the purpose of" infringing. (section 103(a)(1)(B)(i).) Think, for example, a site that earns 95% of its cash by streaming copyrighted movies. In particular, it'd be really hard to characterize The Magic Café (or even YouTube) as *primarily* designed to infringe. At the very least, that can be evinced by the high proportion of non-copyrighted (or legitimately licensed) content on either site.

The other way involves a site whose operators take "deliberate actions to avoid confirming a high probability of" infringement. Section 103(a)(1)(B)(ii). It's unclear what the full scope of that means, but two things are clear: turning a blind eye to notifications of infringement (like a DMCA takedown notice) probably counts. However, SOPA makes clear up front (title I, sec. 2) that it does not abrogate any of the "safe harbor" provisions of the DMCA. That includes the idea that there is no affirmative duty of site operators to police their sites for infringing content.

Okay, so in the market based regime, if Sony wants to hit a foreign infringing site, it has to follow the same DMCA-like procedure of sending a notification, giving the content provider an opportunity to send a counter-notification explaining why they don't believe their stuff to infringe, and if there's still a dispute they get to go to court.

In that regard, it's the same balance as the DMCA.

Now, you might not like the DMCA. It, like anything else, has potential for abuse. But my point is that you shouldn't have any more of a problem with SOPA than you do with DMCA.
ed rhodes
View Profile
Inner circle
Rhode Island
2767 Posts

Profile of ed rhodes
So, my "Ma-nah Ma-nah" playing cat is safe?

http://www.youtube.com/watch?v=_aJS1coYF......AAAAABAA
"There's no time to lose," I heard her say.
"Catch your dreams before they slip away."
"Dying all the time, lose your dreams and you could lose your mind.
Ain't life unkind?"
gdw
View Profile
Inner circle
4817 Posts

Profile of gdw
Good thing I've got big problems with the dmca.
As for sopa, we will see. Even if the bill was absolute the most clear, concise, loopholeless, perfect bill ever written, I guarantee you it would lead to abuses.
It's amazing, people will criticize you for "biting the hand that feeds you," while they're busy praising the hand that beats them.

"You may say I'm a dreamer, but I'm not the only one."

I won't forget you Robert.
MobilityBundle
View Profile
Regular user
Las Vegas/Boston
120 Posts

Profile of MobilityBundle
Quote:
On 2012-01-16 19:29, ed rhodes wrote:
So, my "Ma-nah Ma-nah" playing cat is safe?

http://www.youtube.com/watch?v=_aJS1coYF......AAAAABAA


The cat is certainly safe from SOPA. It's hard to characterize YouTube as either a foreign infringing site, or a site dedicated to theft of U.S. property. For that reason, it's completely beyond the scope of SOPA. To be clear: absent radical changes to how YouTube works, *anything* on YouTube is beyond the scope of SOPA.

Whether the cat is beyond the scope of the DMCA is another question, and not one I can answer here. For example, if the ma-nah ma -nah rights holder licensed the song to the manufacturers of the cat, then it'd be tough to argue that the video is infringing. Otherwise, it'd be easier.

That question notwithstanding, it's not clear to me (... it never is...) whether there's a fair use defense for the creator of the video. (There's almost certainly not a fair use defense for the manufacturer of the cat, but that's yet another question.)
MobilityBundle
View Profile
Regular user
Las Vegas/Boston
120 Posts

Profile of MobilityBundle
Quote:
On 2012-01-16 19:38, gdw wrote:
Good thing I've got big problems with the dmca.
As for sopa, we will see. Even if the bill was absolute the most clear, concise, loopholeless, perfect bill ever written, I guarantee you it would lead to abuses.


Yeah, that's kind of vacuous though. Virtually any law is capable of abuse. To expect otherwise is setting your sites too high. At least in my opinion.
kcg5
View Profile
Inner circle
who wants four fried chickens and a coke
1875 Posts

Profile of kcg5
Then why is it that nearly every story regarding SOPA mentions YouTube, along with wiki, Facebook etc?
Nobody expects the spanish inquisition!!!!!



"History will be kind to me, as I intend to write it"- Sir Winston Churchill
LobowolfXXX
View Profile
Inner circle
La Famiglia
1197 Posts

Profile of LobowolfXXX
Probably because unlike a number of posts in this thread, Nearly every story isn't written by a practicing IP lawyer.
"Torture doesn't work" lol
Guess they forgot to tell Bill Buckley.

"...as we reason and love, we are able to hope. And hope enables us to resist those things that would enslave us."
The Magic Cafe Forum Index » » Not very magical, still... » » SOPA, and you thoughts (0 Likes)
 Go to page 1~2~3~4~5 [Next]
[ Top of Page ]
All content & postings Copyright © 2001-2021 Steve Brooks. All Rights Reserved.
This page was created in 0.19 seconds requiring 5 database queries.
The views and comments expressed on The Magic Café
are not necessarily those of The Magic Café, Steve Brooks, or Steve Brooks Magic.
> Privacy Statement <

ROTFL Billions and billions served! ROTFL