This one’s for Jafo and I.D.: IP Bill Introduced in Senate

 

 

Many of us know that Jafo adopts occasionally unpopular (with some) stands on IP (Intellectual Property). He insists on the highest of standards to protect artists and their efforts. He does this across the internet and at significant cost to his private life. Fewer, though, know that Island Dog becomes rabid on this topic as well until recently (“Join me in ripping a ripper”), and dedicates significant time to this as well. In this case alone, this same ripper has been back on deviantArt six or seven times (I lose count).

I should express my special thanks to $chix0r (a wonderful artist, btw, as well as dA Admin) at dA for helping every single time. Due notice should be paid to the right panel on her profile page.

So, this little news flash inspired me to express my respect for these two WC Community Members and leaders, and is dedicated to them as well as $chix0r at dA as my “thank you”.

The really great site arstechnica published on the new Bill introduced in the Senate by 11 Senators of very different leanings. This anti-piracy legislation would dramatically increase the government’s legal power to disrupt and shut down websites “dedicated to infringing activities.”

A major feature of the PROTECT IP Act would grant the government the authority to bring lawsuits against these websites, and obtain court orders requiring search engines like Google to stop displaying links to them.

“Both law enforcement and rights holders are currently limited in the remedies available to combat websites dedicated to offering infringing content and products,” said Senator Patrick Leahy, a Vermont Democrat and the bill’s main sponsor.

“The proposal comes to help complete and repair the Combating Online Infringement and Counterfeits Act introduced last year (COICA) which was scrapped by its authors in exchange for the PROTECT IP Act (PIPA) in order to win Senate passage.” – arstechnica

This PIPA is less sweeping in the domains allowed to be seized, but now limits the DNS to American soil only, allowing the sites to continue to be seen outside the USA.

“Either way, though, the legislation amounts to the Holy Grail of intellectual-property enforcement that the recording industry, movie studios and their union and guild workforces have been clamoring for since the George W. Bush administration.” – arstechnica

“The measure does not narrowly define the websites that could be targeted. The bill still defines a site as ‘dedicated to infringing activities’ if it is designed or marketed as ‘enabling or facilitating’ actions that are found to be infringing. In other words, even if the site isn’t itself infringing copyright, if its actions ‘enable or facilitate’ someone else’s infringement, the government can tell ISPs to blacklist your site, and copyright holders can sue to cut your funding.” - Sherwin Siy, deputy legal director of Public Knowledge

So, Spencer and Paul… this one’s for you and all you do to protect WinCustomize and it’s members as well as Stardock from the rippers: “Thank you”, from the doc.

Sources:

1. http://arstechnica.com/tech-policy/news/2011/05/senate-bill-gives-feds-power-to-order-piracy-site-blacklisting.ars  from David Kravitz, Wired.com

293,462 views 155 replies
Reply #1 Top

Finally. A step in the right direction. Just hope the Republicans see it the same way. They have a nasty habit of killing things like this.

Reply #2 Top

Sponsors of the Protect IP Act include Judiciary Committee Chairman Patrick Leahy (D-Vt.), as well as Orrin Hatch (R-Utah), Chuck Grassley (R-Iowa), Charles Schumer (D-N.Y.), Dianne Feinstein (D-Calif.), Sheldon Whitehouse (D-R.I.), Lindsey Graham (R-S.C.), Herb Kohl (D-Wis.), Chris Coons (D-Del.), and Richard Blumenthal (D-Conn.).

Reply #3 Top

The measure does not narrowly define the websites that could be targeted. The bill still defines a site as ‘dedicated to infringing activities’ if it is designed or marketed as ‘enabling or facilitating’ actions that are found to be infringing
End of quote
This is going to be the big problem with it. It need to be defined very well or it's open to much abuse by the government...and we all know how far they can be trusted.

Reply #4 Top

Just another example of the government protecting the (400,000 quoted) wealthy while 44.2 million are on food stamps.

Government really needs to pull there head out of there ass.

Reply #5 Top

I understand the concerns very well, but I also understand the artists like Xiandi whose work has been ripped. 

The ones who'll be defining the process will be the Courts, as they'll be the ones granting court orders. 

Reply #6 Top

Quoting myfist0, reply 4
Just another example of the government protecting the (400,000 quoted) wealthy while 44.2 million are on food stamps.
End of myfist0's quote

Off topic I know, but a good number of the people on food stamps should not be, they just use and abuse the system. Some people do not even use their food stamps, they "sell them" for a profit. Sadly, food stamps and welfare are the most abused assistance programs in this country. A lot of the people drawing assistance do not even really need it, or they purposely do things that allow them to get it.

Back on topic:  Problem is, what about those web sites that we have no control over, like overseas?  Can they blacklist those from even being seen in the US?  Would be great!

Reply #7 Top

Quoting DrJBHL, reply 5
I understand the concerns very well, but I also understand the artists like Xiandi whose work has been ripped.
End of DrJBHL's quote

It is extremely unlikely that any action would ever be taken under this bill for a single independent artist's infringement claims. Likewise unless rips are occurring on sites largely and openly dedicated to such, nothing would be done even if the feds did take independent creators seriously.

Postings on DA and similar sites would not be actionable under the bill. Ripping is also not exactly the same thing as piracy (pirates don't generally attempt to take credit for creating that which they distribute).

Regardless, there's a lot more potential for bad to come of this (more power for the feds that they really do not need) than there is for any good to independent creators who are most affected by IP theft.

 

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Reply #8 Top

Copyright already protects a creator's interest. The law already gives content providers enough power to prosecute and end any infringing material.

Kyro has it exactly right: this is more power than necessary to protect IP. It has the potential to stifle correct usage of copywritten material. Even now, take-down notices are used incorrectly. This bill could have a chilling effect on free speech.

 

Reply #9 Top

I just have fears of this bill being used for purposes other then it's legitimate intent- and I don't trust the court system to police it with its politicized nature at the Supreme Court.  I also have fears that we may end up subsidizing outdated businesses such as the record industry/RIAA that are a drain on artists.

 

I do think artists need protection- provided they can show actual harm.

 

Many independent artists aren't rich, I have several professional artist friends, who are equally passionate on this issue (we've had our share of arguments)- and they don't make a whole lot.

Reply #10 Top

[quote who="LightStar" reply="6" id="2936742"]Back on topic: Problem is, what about those web sites that we have no control over, like overseas? 

Under COICA yes... under this Bill, no.

 

Quoting kryo, reply 7
Postings on DA and similar sites would not be actionable under the bill. Ripping is also not exactly the same thing as piracy (pirates don't generally attempt to take credit for creating that which they distribute).

Regardless, there's a lot more potential for bad to come of this (more power for the feds that they really do not need) than there is for any good to independent creators who are most affected by IP theft.
End of kryo's quote

If given away, no. If sold, yes. This bill is more applicable, it's true. I think if syndication of the thieves could be proven, it would be a different matter, or if they got together or were present on a Torrent type site.

Quoting illmunkeys, reply 8
this is more power than necessary to protect IP.
End of illmunkeys's quote
 

I don't agree, but no biggy. You're entitled to your opinion. I don't see the proposed legislation being used to kill criticism as that isn't at all in the Bill. I think you're fearing something that isn't there. It's a lot easier for the Gov't. to bring a thief to court than for you to do so. Also a lot cheaper. I applaud this legislation.

I'd also go further and say RICO should be expanded to cover these hackers who work for organized crime which has shifted to the cyber crime arena for profit. Android malware has increased 400%, XP owners are seeing much more malware directed towards them as W7, while increasing in number is decreasing percentage wise.

I think this is part of the larger initiative regarding the Internet and encouraging Security and commerce while at least trying to stifle crime. The reassuring part is that it's in its infancy and open to a good deal of input. Sooo... if you've got constructive stuff to offer, hook up with a Consumer group and make your thoughts heard.

 

Reply #11 Top

The sites they're after are already out of country, this bill is pointless nonsense as an excuse for grabbing more power.  An attribute to be expected considering the useless shit's sponsoring it, not one of them in the list should be trusted further than they can swim with an anchor tied around their neck, and I recommend testing in advance to see how far they get.

Reply #12 Top

it may be a step in the right direction, but will it really do anything to protect the little person?. More likely this bill is being set in place by pressure from the music and movie industyr to combat piracy. Theres really no money in hammering some schmuck who rips a persons work and uploads it as their own on sites like DA, But someone who downloads a few songs or movies are going to be ripped to shreds because thats where the money is. This is more about lining the pockets of lawyers and company execs rather than actually protecting peoples rights IMO

Reply #13 Top

Just one more nail. And the question is......whose coffin will it be......ours or theirs?

Reply #14 Top

Quoting LightStar, reply 6
Off topic I know, but a good number of the people on food stamps should not be, they just use and abuse the system. Some people do not even use their food stamps, they "sell them" for a profit. Sadly, food stamps and welfare are the most abused assistance programs in this country. A lot of the people drawing assistance do not even really need it, or they purposely do things that allow them to get it.
End of LightStar's quote

Off topic: This is one of my pet peeves too, Tom. If you're LEGITIMATELY unable to work, okay, if you're TEMPORARILY down on your luck, okay, but this cradle to grave living off the government is plain old BS in my book. And I know some would say it's really none of my business but actually, as long as I work and Uncle Sam's taxing my paycheck, yeah, it kinda is...

Reply #15 Top

Quoting navigatsio, reply 14
as long as I work and Uncle Sam's taxing my paycheck, yeah, it kinda is.
End of navigatsio's quote

Absolutely right.

Reply #16 Top

I apologize for this as it may seem like a rant...  but....   Why is it, every time some mentions a benefit like food stamps... somebody has to mention an aside about how 'some people' abuse them? There is still way more coroprate welfare than poor people welfare.  And who has eliminated most of the decent jobs in the USA so that more and more people, exhausted from working two mininum wage jobs and still falling behind, finally say, enough is enough!  .. I wish people who are oppopsed to 'abuses' of tax monies would ALSO point out how the rich, powerful, corporate, ruber-rich 'families' abuse tax dollars every time they decide to also (as an aside) point out how the weaker, poorer, less powerful, folks in society sometimes abuse (il-legally steal) tax dollars.  GE comes redily to mind, as do the billions that go to crop subsidies which almost  exclusivly are paid to multi-million dollaer agri-corps. Lets not forget the incredible subsidise oil and gas companies get....   

And, as far as cradle to grave benefits, yes, of course, it should never be allowed.  I have a neighbor, who is mid 30's and has down syndrome.  She has  no family.  She should be put work.   Perhaps the IMF has a job for her?  She is pretty.  (alert; preceeding six sentences are sarcasm.)

The truest test of the character of a society, and of an individual, is how they treat the least powwerful people around them.  

If you really want your taxes to go down, then return the taxes on the uber-rich and corporations back to the levels they were in the 1960s!

Reply #17 Top

I have to agree with kyro.

Most of these sites are far from the feds reach so all this will do is give the feds the ability to censor what USA residents have access to.

Reply #18 Top

Quoting CarGuy1, reply 17
all this will do is give the feds the ability to censor
End of CarGuy1's quote

That's what entered my mind immediately. More power to be abused. You know someone will. 

Reply #19 Top

While I generally empathize with the singular artist attempting to safeguard his work from potential theft, this bill is a step in the wrong direction. It would be one thing if the bill gave individual IP holders the right to sue individuals and sites in cases wherein they are posting copyrighted materials as not the work of the IP holder. However, I am skeptical of granting the federal government such blanket authority over web sites where in they can simply blacklist a site for any purpose. While this type of legislation can be back by the best of intentions in helping the small time artist, it opens a door towards direct government control of the internet, which is fundamentally a bad idea.

Reply #20 Top

So, basically anyone who able to put enough pressure on the Government using this Bill's power as it's avenue is able to protect their IP rights at the expense of other's rights, and everyone who is not able to put enough pressure on the Government using this Bill's power as it's avenue is basically fucked.

Sounds like a typical Corporate lobbied Bill, to me.

As my friends have said, if they continue to wittle away rights and leave everything open all while using "IP Rights" as the justification, VPNs are going to become the next big thing.  The Internet?  That's for Corporate lackies.  Real men have WANs, VPNs and other disconnected largescale networks with which to share their items.

Reply #21 Top

Quoting ZehDon, reply 20
is able to protect their IP rights at the expense of other's rights
End of ZehDon's quote

What....the 'rights' to be free to steal others' IP?

Reply #22 Top

Quoting Jafo, reply 21

Quoting ZehDon, reply 20is able to protect their IP rights at the expense of other's rights

What....the 'rights' to be free to steal others' IP?
End of Jafo's quote

I think you are completely correct to feel that IP theft is not necessarily a good thing, but there is a fine line here with respect to IP protection.

Reply #23 Top

Quoting illmunkeys, reply 8
The law already gives content providers enough power to prosecute and end any infringing material.
End of illmunkeys's quote

Yes it does ... 

As an Artist, IP allows me to make an income, where otherwise someone can make money out of my hard work. There is already a strong system of protection, I sure don't need the US government's help.

US needs to fix their Patent system and stop protecting outdated business models.

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Reply #24 Top

yup.

ElanaAhova is right as well as Nav. I can't stand parasites of any stripe. Incidentally, Corporations already pay the highest tax rate in the world here. Raise their taxes and take away their candy and I promise you they'll be gone. As for the rich? Not a single one of them pays what he should: But that's the fault of the tax code. Would YOU pay more if you had a legal way not to? 

Oh yes...

Not a single one of you said "Thank you" to I.D. or Jafo.

Not a single one of you did the same for $chix0r, yet you're all the first to jump on someone guilty of ripping. You're the ones staunchly defending the artist but also the ones worried that the President and Congress are out to steal every fractal/Bryce wallpaper they can along with your "right" to free speech as well as all your other "rights". Right. They won't, simply because they want you to vent. If you couldn't, pressure might build up.

It's beyond funny. Lucky for you they aren't interested in taking your "rights". I'd love to see the gamers and "from my cold, dead hands" folks finally have to "put up or shut up."   I'd also like to own the underwear factory. 

They'd be the first to say, "Where's that ticket to?" and the first to complain that "hey, no one turned the airport lights off."

 

Thanks for saying and helping me say 'thank you'. 

 

Reply #25 Top

Quoting DrJBHL, reply 24
Corporations already pay the highest tax rate in the world here.
End of DrJBHL's quote

That's funny, our corporations say the same thing.

Thank you I.D, Jafo ...   :sun: