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Posted in Intellectual Monopoly, Law at 4:32 am by Dr. Roy Schestowitz
Counterterrorism becomes terrorism
Summary: More new examples of the draconian and unthinkable state of copyright law and especially its enforcement, which now co-opts anti-terror laws
A READER has diverted our attention to “secret evidence in NZ courts,” in reference to [1] and [2]. Read [3] (a news site not blocked by default by some British ISPs, unlike [1,2]). It’s amazing. Here we have not just SWAP-type raiders being used by the copyright monopoly (Hollywood) but also secrecy laws, clearly confusing/conflating terrorism with copyright allegations. What have we come to?! Copyright allegations are now equated not just with “piracy” (misnomer) but with “terrorism”. Also see [4] for ransom/bounty examples; monetary rewards are put on the heads of alleged copyright infringers. If some of these alleged copyright infringers are suitable to run for European Parliament [5], then surely they are not as bad as pirates or terrorists. A “European Pirate Party” may well be on its way [6] as reforms for copyright law are sought. Groups like Chilling Effects [7] and the British Open Rights Group also join such efforts [8-10], boosted to some degree by some recent court cases [11], including the billion-dollar YouTube lawsuit against Google [12,13]. Just watch how copyright continues to induce censorship inside Google [14]; and it’s spiraling out of control (“Google Takedown Notices Surge 711,887 Percent in Four Years”). Does anyone think this really makes sense?
When copyright infringement (or allegation thereof) is treated as an offence as serious as terrorism it should be rather clear that the law is broken and needs fixing. █
Related/contextual items from the news:
Sssh! Dotcom’s Use of Twitter Problematic, Court ToldDays after the Supreme Court denied Kim Dotcom access to evidence held by the FBI, the Megaupload founder’s legal team were back in court seeking other documents in connection with a compensation claim. During the hearing, however, a Crown lawyer took the opportunity to complain about Dotcom’s use of Twitter. Supreme Court Denies Kim Dotcom Access to U.S. EvidenceKim Dotcom and his alleged Megaupload co-conspirators have been denied access to the evidence gathered by U.S. authorities against them. Megaupload’s legal team argued that this information is essential to mount a solid defense, but the Supreme Court ruled that full disclosure is not required under New Zealand law. Kim Dotcom loses key evidence ruling at NZ Supreme CourtDotcom and his lawyers have lost a bid to force the United States to show them the evidence they plan to use in making their argument that he should be extradited. The Supreme Court of New Zealand published a 123-page ruling today, detailing their decision that the US isn’t required to hand over to Dotcom and his lawyers copies of the documents it refers to in its arguments.WWE Lawyer Offers Gifts to Obtain Streaming Pirate’s Home AddressWorld Wrestling Entertainment (WWE) “apologized” last week to a streaming links site owner for wrongfully taking down his Facebook page on copyright grounds. On offer was a compensatory WWE gift bag, but it quickly became clear that nicely wrapped presents were probably the last thing the wrestling outfit had in mind. Pirate Bay Founder Gets Ready to Run for European ParliamentIn two months time citizens of all European Union member states will vote on who can represent them in the European Parliament. Pirate Parties will join the election race In several countries, with Finland having the most prominent candidate in Pirate Bay founder Peter Sunde, who is also picked by the European Pirate Party as candidate for the European Commission presidency. My Address To The European PiratesThis weekend, hundreds of pirates from all over Europe gathered in the European Parliament to formally found the European Pirate Party. It was an amazing gathering of determined activists, many of which were absolutely electrified at realizing the sheer scale of this movement, seeing 400 of Europe’s brightest activists gathering for the occasion. I had the honor of giving one of the opening keynotes (below).Copyright Alliance Attacks ChillingEffects.org As ‘Repugnant,’ Wants DMCA System With No Public Accountability Sandra Aistars of the Copyright Alliance issued a statement during the recent DMCA-related hearing in front of the House Judiciary Committee. As was noted earlier, a bunch of effort was made to turn the “notice and takedown” system into a “notice and stay down” system, and weirdly, the word “free” was thrown about as if it was synonymous with “infringement.” Will ‘voluntary’ copyright enforcement protect users’ rights?It is approaching four years since the Digital Economy Act was passed, and still measures within it to deal with individuals alleged to have infringed copyright have not been implemented. It’s an Act that was so poorly conceived, planned and written that it has proven almost impossible to implement in practice. Why UK copyright reform is neededIt is fitting that last week heralded the 25th anniversary of the foundation of the Web. It is also 25 years since the Copyright, Designs and Patents Act received Royal Assent. Since 1989, the Internet and other types of new technology have changed the world dramatically. The copyright framework needs to reflect these changes and fit with the digital world so that information is preserved, respect for the law is regained and opportunities are not lost to competitor countries who have more flexible frameworks.Bingo and beer spoofs show that our copyright laws are a jokeUnlike Germany, France, the Netherlands, Australia and the USA, the UK does not have an exception from copyright law for parody. This means that thousands of us are engaging in illegal activity everyday. Upload a film of you singing Adele’s Someone Like You, create a Downfall spoof or make a meme based on a well-known advert, and you’re infringing copyright law.Judge Highlights Bogus Collusion By ASCAP, Publishers In Rejecting Their Attempt To Jack Up Pandora’s Rates Last month, we wrote about the rate court fight between ASCAP and Pandora as ASCAP attempted to massively increase Pandora’s rates through moves that were quite clearly collusive. ASCAP had already lost an earlier ruling showing that it had violated its consent decree by letting publishers selectively remove certain works in order to force Pandora into paying much, much higher rates. However, the details of ASCAP and the publishers’ deception became much clearer during the rate court battle. Last week, the judge handed ASCAP a huge loss, keeping the rate where it had been, at 1.85%, rather than jacking it up to ASCAP’s requested 3%. Billion-Dollar YouTube Suit Ends With a WhimperViacom, Google settle long-running YouTube copyright lawsuitEnding a long-running legal battle, search giant Google has settled a landmark copyright lawsuit in which Viacom, the parent company of such television networks as MTV, Comedy Central, and Nickelodeon, accused the former of posting its films and television shows on YouTube without permission.Google Takedown Notices Surge 711,887 Percent in Four Years
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