Mar 302016
 

urban-karaganis-schofieldAuthors:  Jennifer M. Urban, Joe Karaganis, and Brianna L. Schofield

Abstract: It has been nearly twenty years since section 512 of the Digital Millennium Copyright Act established the so-called notice and takedown process. Despite its importance to copyright holders, online service providers, and Internet speakers, very little empirical research has been done on how effective section 512 is for addressing copyright infringement, spurring online service provider development, or providing due process for notice targets.

This report includes three studies that draw back the curtain on notice and takedown: Continue reading »

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Nov 262015
 

tf logo[Ernesto for TorrentFreak, Link (CC-BY)] The German Supreme Court has opened the door for ISP blockades of copyright infringing sites. In a landmark decision the court ruled that ISPs can be required to block websites if copyright holders fail to identify their operators or hosting providers. Domain name blocking has become one of the entertainment industries’ go-to methods for reducing online copyright infringement. Continue reading »

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Nov 082015
 

Martin-BariteauAuthor: Florian Martin-Bariteau

Abstract: The Marco civil da Internet establishes a brand new framework for liability of Internet intermediaries regarding third parties’ contents and activities. Besides providing general immunity schemes for Internet access providers and Internet application providers, Section III frames two derogatory regimes regarding revenge porn and copyright. The latter still needs to be designed. This chapter compares this new piece of legislation within both Canadian and United States frameworks. Continue reading »

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Sep 112015
 

kenya flagThe Kenya Copyright Board (KEBCO) is preparing to propose amendments to the Copyright Act that would block sites hosting content which infringes local creators’ copyrights. Local internet service providers that refuse to take down content would face fines and even prison sentences. KEBCO’s webpage notes that the new rules should “come into play by the end of the year… The laws will be ready for public discussions next month before they go to Parliament.” Continue reading »

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Aug 242015
 

edri[Maryant Fernández Pérez, EDRi, Link (CC-BY)] On 30 July 2015, copyright and related rights-holders associations, the General Inspection of Cultural Activities (IGAC), the Portuguese Consumer Directorate-General, the Portuguese Association of Telecom Operators, the organisation responsible for .pt domain registrations DNS.PT, the anti-“piracy” group MAPINET, advertising associations, and (unidentified) consumer associations agreed on a Memorandum of Understanding aimed at protecting copyright and related rights online.

This “self-regulatory” agreement, facilitated and promoted by the Portuguese government, is expected to enter into force around mid-August 2015. Although it has not been published, parts of its content have been reported by Portuguese news sites and the parties involved.

Continue reading »

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May 182015
 

EU flagAuthors: Luis Aguiar, Jörg Claussen, Christian Peukert

Abstract: Taking down copyright-infringing websites is a way to reduce consumption of pirated media content and increase licensed consumption. We analyze the consequences of the shutdown of the most popular German video streaming website – kino.to – in June 2011. Using individual-level clickstream data, we find that the shutdown led to significant but short-lived declines in piracy levels. The existence of alternative sources of unlicensed consumption, coupled with the rapid emergence of new platforms, led the streaming piracy market to quickly recover from the intervention and to limited substitution into licensed consumption. Continue reading »

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David and Project Goliath

 Posted by on December 19, 2014  No Responses »
Dec 192014
 

jon-bandThe name the Motion Picture Association of America used for its anti-Google campaign—“Project Goliath”—may be more self-revelatory than the MPAA expected.

It has been widely reported that the hacked Sony Pictures emails reveal that in early 2014, MPAA launched Project Goliath, a policy initiative to develop legal tools to block access to websites that facilitate infringement. The effort to develop such legal tools at the federal level failed spectacularly with the SOPA/PIPA debacle, so Project Goliath attempted to enlist the support of state attorneys general. The news reports about Project Goliath speculate that “Goliath” is a code name for Google, one of the most vocal opponents of SOPA/PIPA and a frequent target of entertainment industry complaints that its search engine directs users to infringing sites such as cyberlockers. Google in a policy blog expressed “deep concerns” about the revelations, and asked why the MPAA, an organization that claims to be committed to the First Amendment and artists’ freedom of expression, was “trying secretly to censor the Internet.” The MPAA responded that “Google’s effort to position itself as a defender of free speech is shameful.” Continue reading »

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Jul 112014
 

aba-ipThe Intellectual Property section of the American Bar Association has called on Congress to craft new legislation to fight infringement by “Predatory Foreign Websites” (PFW). In a white paper titled A Call for Action for Online Piracy and Counterfeiting Legislation, the group makes a number of recommendations, including the creation of a private right of action allowing rightholders to seek civil remedies. Specific civil remedies should include: “(1) injunctions directing financial payment processors to freeze the assets of PFWs and to cease doing business with such websites; (2) injunctions preventing online advertisers from paying PFWs or from displaying further ads on those websites; (3) injunctions requiring search engines to remove PFWs from paid, sponsored links; (4) injunctions requiring website hosts to cease hosting PFWs; Continue reading »

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Jun 232014
 

effbig[Maira Sutton, EFF, Link (CC-BY)]  The Supreme Court of British Columbia has ordered Google to remove entire domains from its search results—a decision that could have enormous global implications on free expression. This is the latest of several instances of courts exercising dangerous jurisdictional overreach, where they have applied local laws to remove content on the Internet. Not only did the Court order Google to delete the site from its search results on the Canadian “Google.ca” domain, it went even further by demanding it censor the domain worldwide by deleting every instance of the site from its global index. Continue reading »

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Mar 202014
 
SourceL AU Dept. of For. Affairs & Trade

Source: AU Dept. of For. Affairs & Trade

Congratulations on your recent appointment as Chair of the Senate Finance Committee. As technology companies with business models inextricably linked to the Internet, we admire your work as a staunch defender of users and online rights—most prominently when you led the fight against SOPA and PIPA in Congress.

Today we write about another emerging front in the battle to defend the free Internet — massive trade deals like the Trans-Pacific Partnership. These highly secretive, supranational agreements are reported to include provisions that vastly expand on any reasonable definition of “trade,” including provisions that impact patents, copyright, and privacy in ways that constrain legitimate online activity and innovation. We applaud your prior efforts as Senator to bring transparency and public participation to trade negotiations. We strongly urge you to uphold and expand this dedication into your new role. Continue reading »

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Jun 052013
 

taiwanThe government of Taiwan has backed down from plans to amend its copyright law to justify take-downs of foreign websites accused of hosting copyright-infringing material. The Taiwan Intellectual Property Office (IPO) had proposed legislation to create a blacklist and allow DNS blocking.  A citizen backlash sprung up immediately, and the IPO initially claimed the public was exaggerating the issue. When it became clear that Taiwan would face an internet blackout, the IPO announced that it would withdraw the copyright amendment. Continue reading »

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Feb 212013
 

chalmers[For InternetNZ, (CC-BY)] The local copyright enforcement arm for the “Big Three” record labels (Sony, Universal and Warner*) has won two cases at the Copyright Tribunal. One account holder was a Telecom customer, the other with TelstraClear, and now they owe the Big Three $616.57 and $557.17, respectively. Both were caught illegally uploading songs. The specific “wrong” here according to the Copyright Act is that only the copyright owner can “communicate the work to the public”. The law appears to presume that when your BitTorrent client allows other P2P users to download from you, then you are communicating that work to the public, even though that “public” could in fact be one person — more on that one later. Continue reading »

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