copyright infringment

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Govt. seeks to blacklist websites

This is the headline, that some Internet authorities, are discussing in what could be one of the top stories for 2012 if this bill passes, you might find yourself in a position of being charged with a felony.

If you use any type of music, in your productions, including Video posted at youtube.com you could soon be looking at the possibility of being charged with a felony and or fined thousands of dollars.

This is a very scary thing and if you are in business online, you should read this story.

BlackList Youtube - Music Beds, Radio, Commericals, Licensed Music - Royalty Free Music

This is not only something that should concern video marketers but also many other website centric products.

This is the third year in a row that this type of nonsense has been introduced each time it is called a different name, but the intent is what you should be concerned about.

They intend to do something that in many cultures would be viewed as oppression, laugh this off at your own peril.
  • Profile picture of the author Kay King
    The idea that sites infringing on the RIGHTS of other people might be shut down doesn't disturb me at all.

    Who is the person in the video? Is that a news site? Is that a news outlet or recognized news syndication story? If I watch a video on a news site I don't usually see genie bras advertised at the bottom of it. The woman's agenda is clear - her qualifications not so much.

    The infringements on copyright (and trademark) have become so blatant online that many marketers now believe they can use anything they want without permission or penalty. Sites protect themselves by saying "we don't know what users add to our site" - maybe they should be required to be responsible for what appears on "their" sites.
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  • Profile picture of the author Tim Franklin
    Hi, Kay, and thanks for taking time to reply, I cant really comment on the "Bra thing"

    No offense intended, but I am not sure how important an item of clothing is compared with the message which I think is valid.

    but I would say that the facts speak loudly, and you can read it for yourself.

    http://www.google.com/url?sa=t&rct=j...3IFHgw&cad=rja


    My concern is the not that there is a need for (the Internet Police) but that the potential for misuse and abuse if such attempts to black list and ban Internet websites without due process, were to become law, that we would have competing marketers accusing each other of infringement in order to effectively, "silence" or eliminate such competition, without due process and when due process is applied the "competition that has the deepest pockets would be the winner" Now that should scare anyone in their right minds to death.

    That concerns me greatly and it should concern you as well,

    As far as the legitimacy of the news story being marred by the choice of Bra used, or other clothing, ( as long as they do wear something I am not that concerned with how that might or might not effect the actual facts) I look at the proposed language of the bill itself.

    Which you can read for yourself.

    Which I would encourage you to do the same.

    keep in mind that what is not stipulated is just as important as what is stipulated in a bill
    before congress.

    Now I like the idea of combating piracy, but the issue here is that they can choose to apply that law in any way they wish.

    Considering that even now the Patriot, act is being used to pursue, ordinary Americans, (not terrorists) but regular law abiding americans, under the auspices, of the Patriot act, (something that was never intended to happen) and most people think that the Patriot act is only used to protect America from Terrorists, but that is not true, the DEA is using it, to take away real property, in ways that would never be possible in a normal free society.

    The point is that when you have a bill that does not spell out the letter of the law, that creates a way for that law to be abused to such an extent that it becomes a threat to freedom.

    Just my take on the entire thing.

    Tim
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    • Profile picture of the author Kay King
      I agree there is always potential for abuse. But abuse is exactly what the piracy sites are doing. I can't form an opinion until I know the facts of the legislation and the safeguards contained in it.

      The risk/reward ratio is important and has to be balanced but you can't back away from enforcement becuase there might be "some" risk involved. At least that's my thinking.

      The reason I mentioned the bra ad is I don't see any reason to give credibility to the opinions expressed in that video. I don't know who that woman is - or what her qualifications are but it is obviously not a news video. Someone who believes all music or movies or whatever should be free online is not going to be on the side of any legislation.

      Just my take on it.
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  • Profile picture of the author Tim Franklin
    Oh, now I understand, it was some kind of advertisement, (LOL, sorry I thought you were commenting on what the girl was wearing) so I went back and checked it out a second time and your right, she does seem to be more interested in protecting the "right to pirate content" so perhaps a better video would be better,)

    Now here is an attorney, that expresses this issue a little better and should satisfy the question of legitimacy.

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  • Profile picture of the author HeySal
    Kay - forget about the bra - and don't take this video without a grain of salt -- but do consider it a knock on the door to tell us there is legislation going on and check that bill out yourself == EVEN if it IS from an authorized news site. Just because the MSM is talking, doesn't mean they will give you the truth.

    This bill = if written correctly can be a good thing........but if there is any wording whatsoever askew, or if there is anything that should be in there that is apparently left unsaid -- be afraid of that legislation.

    This year the US gov asked for more videos to be removed from Youtube than any other government, including China. Many they wanted removed were simply because they don't want people to know what's going on. Why ask for the removal of a video that shows a protest? IS that a free society action?

    Considering the way our gov is acting = we need people posting warnings about new bills for the simple reason that it will get people to go READ those bills so that NOBODY, gov, news, or citizen can lie to us about what they contain.
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  • Profile picture of the author Dennis Gaskill
    Anyone who trusts the government NOT to abuse any power it is given is asking for trouble. Second point, the interests of the entertainment industry are secondary to individual rights and freedom of speech.

    As for the bra advertisement, it was gone when I went to the site. Keep in mind though, that quite often a website owner doesn't know what ads will be served.
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    • Profile picture of the author Kay King
      Anyone who trusts the government NOT to abuse any power it is given is asking for trouble. Second point, the interests of the entertainment industry are secondary to individual rights and freedom of speech.
      I agree with both points but there is the issue of one person abusing the rights of another person - that's what you have with some pirating sites. Those issues probably are covered under current laws but who enforces them?

      I think it's something to watch and the language used to write something like this is critical.
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      • Profile picture of the author Dennis Gaskill
        Originally Posted by Kay King View Post

        I agree with both points but there is the issue of one person abusing the rights of another person - that's what you have with some pirating sites. Those issues probably are covered under current laws but who enforces them?

        I think it's something to watch and the language used to write something like this is critical.
        Oh I know, Kay, believe me I know. I've had my software distributed by pirates, I have no sympathy for them. They should be punished convincingly. I just think there needs to be a due process to prevent abuse of power. Someone has to watch the watchers, so to speak.
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        • Profile picture of the author HeySal
          Originally Posted by Dennis Gaskill View Post

          Oh I know, Kay, believe me I know. I've had my software distributed by pirates, I have no sympathy for them. They should be punished convincingly. I just think there needs to be a due process to prevent abuse of power. Someone has to watch the watchers, so to speak.
          Well no need to worry, Dennis. They seem to always be able to find a worthy fox to guard the chickens.

          And "tip toe" isn't my style. I LOVE my flame thrower.
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          • Profile picture of the author Dennis Gaskill
            Originally Posted by HeySal View Post

            Well no need to worry, Dennis. They seem to always be able to find a worthy fox to guard the chickens.

            And "tip toe" isn't my style. I LOVE my flame thrower.
            Ha ha, good one.

            The trouble with these kind of laws is that they sell them for one purpose that's hard to argue with, in this case stopping piracy, but then write the laws in such a way that gives them broad powers that can be extrapolated into other areas they never told us about, often stomping on our rights in the process.
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            • Profile picture of the author Kay King
              Staying on the proper side of the line I have to say I saw a newscast the other day where the anchor said (seriously) "his only problem is he has no political experience"....and I'm thinking "is that a bad thing"? No experience in how to write gobbledygook! Right on!!!
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    • Profile picture of the author whateverpedia
      Originally Posted by Dennis Gaskill View Post

      Second point, the interests of the entertainment industry are secondary to individual rights and freedom of speech.
      I wholeheartedly agree with that comment.

      However (isn't there always a however), when political campaigns are paid for by the entertainment (and other) industries, have a guess who the pollies will look after. (Hint - it ain't individuals).

      As the old adage goes, "He who pays the piper gets to call the tune", or if you like, "Government of the people, by corporations, for corporations".

      There is much more to add to the above, however I have to respect the rules of the forum, and I've probably stepped over the line already.

      Note to the Mods: If I have taken this thread into forbidden territory, please don't delete the thread as it's an important one. Just delete this particular post. Thank you.
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  • Profile picture of the author Thomas Wilkinson
    A lot of bills are introduced for political posturing and for no other reason. Even the person introducing the bill knows its never coming out of committee. At some point, some bill probably will come out and be passed but not this one.

    Thomas
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  • Profile picture of the author Dennis Gaskill
    @whateverpedia -- I hear ya. I can't really comment without tiptoeing around (or on) the forum rules, so suffice it to say you didn't say anything I disagree with.
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  • Profile picture of the author HeySal
    Okay - read it. It's got problems. This bill will result in anything that the gov doesn't want to be said being ripped off the net. I knew there was going to be a connection with all the youtubes they are asking to be taken off line and this bill. I mean think about it - piracy is already illegal so all they have to do about that is enforce laws we already have. This bill is an expansion so they can just go in and shut down any damned thing they want to shut down. The only thing that is new about this is that it can target free speech and the right to due process. They can either drop this off and enforce existing law - or they need to rewrite the whole damned thing.
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    • Profile picture of the author Dennis Gaskill
      Originally Posted by HeySal View Post

      Okay - read it. It's got problems. This bill will result in anything that the gov doesn't want to be said being ripped off the net.
      ...thus proving my point from my previous post. Thank you, Sal.

      That's too much power to give them, IMO. The party in power could use it to silence their opposition. It one step closer toward totalitarianism.
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      • Profile picture of the author HeySal
        Originally Posted by Dennis Gaskill View Post

        ...thus proving my point from my previous post. Thank you, Sal.

        That's too much power to give them, IMO. The party in power could use it to silence their opposition. It one step closer toward totalitarianism.
        Could be a final step, Dennis. A lot of what they are asking Youtube to take down isn't illegal - just shows things making the media look like the bought and paid for liars they are -- and it's videos catching cops acting like Gestapo. A lot of what is being taken down - or requested to is simply what the government thinks is "defamation" - even when it is truth told. So far Youtube has refused to take most of it down. Looks like the gov didn't like that. So make a bill and force it down so we can't see our leaders and law enforcers acting like they came straight out of Germany circa 1938.
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    • Profile picture of the author Tim Franklin
      Yes, good points, in fact you might be surprised to learn that the number one requester for youtube video take down requests, was the US Government.

      U.S. Government Issues More Takedown Requests Than China, Including One For "Government Criticism"


      Source,

      While I am not a big conspiracy theorist, I do see some problems, like a lot of people here I have had products pirated, and would like to see "responsible" efforts to reduce it, however, in so many situations, what starts out as a "well meaning law" becomes something entirely different.

      While we may not be able to do much to reduce this type of abuse we can certainly educate ourselves and contact our representatives, in congress.

      What really, puzzles me is how these law makers, (of whom should be the brightest and best among us,) Can somehow support legislation that they have never read nor understand.

      Some great comments, here, I think that eventually they will pass some monster of a bill that will cause a lot of pain and suffering for some website owners, in the past year they have tried, three times to pass some kind of law that would restrict your ability to upload videos online.

      One would have actually made it multiple count felonies, for each view of a video that was shown on youtube, (so if you posted a video with some border line public domain or fair use material, and it received 10 thousand hits) they could have charged you with 10 thousand felonies, lets see considering an average of 1 to five years for each count of a felony, you might be looking at 5000 to 50,000 years in prison.

      Sounds insane right, but that was the language they used in the bill, it was rightfully defeated, but only by a narrow margin, and only after it became published in some legal communities.

      I think I could craft a more logical bill in congress than most of those buffoons we have up there now, and that is really interesting, considering I would never be elected to office.


      Originally Posted by HeySal View Post

      Okay - read it. It's got problems. This bill will result in anything that the gov doesn't want to be said being ripped off the net. I knew there was going to be a connection with all the youtubes they are asking to be taken off line and this bill. I mean think about it - piracy is already illegal so all they have to do about that is enforce laws we already have. This bill is an expansion so they can just go in and shut down any damned thing they want to shut down. The only thing that is new about this is that it can target free speech and the right to due process. They can either drop this off and enforce existing law - or they need to rewrite the whole damned thing.
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      • Profile picture of the author whateverpedia
        Originally Posted by Tim Franklin View Post

        I think I could craft a more logical bill in congress than most of those buffoons we have up there now
        I think you're making a mistake in believing it was politicians who wrote the bill.

        From my post above:

        He who pays the piper gets to call the tune.
        Look at who is funding the pollies, and there you'll find the real authors.
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      • Profile picture of the author Dennis Gaskill
        Originally Posted by Tim Franklin View Post

        What really, puzzles me is how these law makers, (of whom should be the brightest and best among us,) Can somehow support legislation that they have never read nor understand.
        That infuriates me to no end. It's completely irresponsible. Those who do it, should be thrown out of office.

        I think I could craft a more logical bill in congress than most of those buffoons we have up there now, and that is really interesting, considering I would never be elected to office.
        I'm sure you could, but that says little about you and volumes about them.
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  • Profile picture of the author Tim Franklin
    That is the one thing that is probably the most disturbing, that most of us do not even know who is running the store...
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  • Profile picture of the author HeySal
    Yes, good points, in fact you might be surprised to learn that the
    number one requester for youtube video take down requests, was the US Government.

    U.S. Government Issues More Takedown Requests Than China, Including One For “Government Criticism”
    Yep - I saw that. It's embarrassing as hell. Here we're supposed to be the freeist nation on earth and everyone else in the world thinks the US leaders are imperialist thugs. Which is what they are proving to be, but still. I am ashamed of them.

    It's completely irresponsible. Those who do it, should be thrown out of office.
    Yep - and I'm ashamed of us, too, for not doing just that. I've tried to put out a few petitions. People just drool on them and say "next election". If you tell them that if the person serves their full term without getting kicked out they have it made for life, they just drool some more. People just don't get it - they need to start demanding removal of any rep that violates the constitution. Not next election - NOW.

    So the leaders are embarrassing and the people are running between embarrassing and disgusting. Wonder why I'm on line so much in here? It's a place I can come and find people that "get it". Restores the sanity and soul.
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  • Profile picture of the author Thomas Wilkinson
    @Tim, Not mentioned is that many (not all) of the government requests to take down videos concerned hate videos which, in many cases, threatened the life of the President, members of Congress, Supreme Court Justices and just about anybody else they disagreed with. Many others advocated violence.

    Thomas
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    • Profile picture of the author Tim Franklin
      Welcome, I would be interested to know your sources, on the requests, currently Google has refused all media inquiries, regarding the nature of such requests, and rightfully so, youtube is not required to reveal that information and so far they have not done so, if you have some information to share that belays that please do share, )

      I do not deny that in some cases some videos are in such poor taste and involve such abhorrent behavior that it would be and should be prudent to take some action.

      (and no new laws were required in order to facilitate that action)


      Just so you know, the central discussion is about the lack of clarity in the language of proposed bills before congress and how that lack of specific language to prevent the abuse of vague and aimless laws,
      (the law of UN-intended consequences) being the topic that we are discussing, it is something that is preventable, that is the point I make when referencing laws that were written for a good cause, but failed to meet the definition of a legal and valid discourse.

      When you look at a law and analyze the consequences of inaction then you have to say that this law will hurt youtube.com by placing a burden of defense beyond the reasonable nature of what other business entities engaged in commerce in the US expect. When you place a burden of legal referendum upon a third party (youtube.com) then that law is by definition unjust.

      As you can see no new law was needed in order to deal with this situation.

      Why try to fix something that is not broken with a measure that would hurt business engaged in commerce in the US, I do not see a need to pass more laws, but in fact enforce the existing laws, the failure is not in the law but the enforcement of that law.

      It has been said that we are a nation of laws, but the truth is we are a nation of people, laws are not people, and so therefore cannot think for themselves, when we allow the law to dictate our every waking moment we become slaves to the very task masters that we hope to all escape by running our own business online.

      When no one in congress reads the bills and the people have to do the work of the congress, then you have to think that something is terribly wrong.





      Originally Posted by Thomas Wilkinson View Post

      @Tim, Not mentioned is that many (not all) of the government requests to take down videos concerned hate videos which, in many cases, threatened the life of the President, members of Congress, Supreme Court Justices and just about anybody else they disagreed with. Many others advocated violence.

      Thomas
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  • Profile picture of the author Thomas Wilkinson
    There have been several articles on Huffpo but since that's a curation site I'd have to go back and trace the source. A lot of those are loose around the net. You are right about the main point. No additional laws were needed.
    Also have to remember who now owns You Tube. They can take down any video that choose with no reason at all. Probably explains the sudden disappearance of 1,000s of marketing videos.

    Thomas
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    • Profile picture of the author Tim Franklin
      Good point, I was doing some research at youtube and started noticing that the "reasons" they choose to take down a video are far and wide, basically they can do what ever they want, (which makes sense)

      What is really interesting, is that to avoid the appearance of impropriety, I think they will just take a video down rather than risk a possible legal issue, but interesting discussion, )

      Looking at this subject from a compliance point of view it really looks like the system is working as it is, I think the music industry would like to micro manage every aspect of every video submitted online, but that would be far too much power to grant a corporation.

      I do like the idea of working to make the online experience better, but also it should be fair, there are some people that will just take what ever they can find and post it online, regardless of having rights to do so.

      That was one thing I noticed, today, (have not read the TOS at youtube in a while now) but it appears that you now need "world wide" rights, I dont think they will be enforcing that anytime soon, but that is an interesting observation.

      I think there is an opportunity to develop a product for this type of issue.



      Originally Posted by Thomas Wilkinson View Post

      There have been several articles on Huffpo but since that's a curation site I'd have to go back and trace the source. A lot of those are loose around the net. You are right about the main point. No additional laws were needed.
      Also have to remember who now owns You Tube. They can take down any video that choose with no reason at all. Probably explains the sudden disappearance of 1,000s of marketing videos.

      Thomas
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      • Profile picture of the author Dennis Gaskill
        Originally Posted by Tim Franklin View Post

        What is really interesting, is that to avoid the appearance of impropriety, I think they will just take a video down rather than risk a possible legal issue, but interesting discussion
        I don't know how worried they are about legal issues. It seems like a very high percentage of the videos I watch are probably in violation of copyrights (songs right off of CDs or albums, bootleg videos, copyrighted images, etc.). I wonder if they ever take anything down until someone complains about it.
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  • Profile picture of the author Justin Says
    Originally Posted by Tim Franklin View Post

    If you use any type of music, in your productions, including Video posted at youtube.com you could soon be looking at the possibility of being charged with a felony and or fined thousands of dollars.
    That's why I purchase any music used in ANY videos from Royalty-Free Stock Music, Sound Effects, and Audio | AudioJungle

    I would never risk my entire business with an illegally downloaded song.

    But then again, I might be a little wrong on this subject. I just wanted to toss out my 2 cents.
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  • Profile picture of the author dagaul101
    Hopefully many folks will lobby their representatives to not stand for this
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