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Copyright Is Becoming Guilt By Accusation

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TorrentFreak has a good post about how copyright holders have been effective in moving copyright into a modern form of "witch trials" in which you are guilty based on accusations, and then have to go through a long, arduous and often biased-against-you process of proving your innocence. The article points out two examples of this. First, the Kafka-esque process that Jonathan McIntosh went through to keep his mashup video (one cited by the Library of Congress as a quintessential example of fair use) from being taken off YouTube. Of course, it actually was off for quite some time, because YouTube's ContentID system is also based on a "guilt by accusation" system -- after which you have to convince everyone (including, initially, your accuser) that you're really innocent.

The second is the new "six strikes" plans from US broadband players. One of our main complaints with all of the "strikes" plans is that they all are based on accusations, rather than any conviction. While there's an "appeals" process, it's quite limited and the rules have it so that the deck is completely stacked against those who appeal.

What both of these examples have in common, obviously, is that they're so-called "voluntary" solutions, put in place by companies, often due to arm twisting by the entertainment industry, combined with threats of government regulation if such "voluntary" actions don't happen. While it may seem that voluntary agreements are to be encouraged, when they create a situation like this, in which users are being declared guilty merely upon accusation, with little real recourse in many cases, something seems wrong. We run a very real risk of discouraging important services and innovations when we start taking away core concepts like "innocent until proven guilty" -- even if it's just in civil issues between private companies. It's a trend that's quite worrisome and can lead to many innocent people getting punished.

Any mention of the pain in the ass it is policing for and notifying again and again to have content removed? If the consequences for content theft were a fraction of what they are for repeat shoplifters the problem would solve it's self.

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Originally Posted by L-Pink (Post 19444920)

If the consequences for content theft were a fraction of what they are for repeat shoplifters the problem would solve it's self.

They have proof you shoplifted.

And people are writing just what about Kim Dotcom?

:2 cents:

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Originally Posted by AdultPornMasta (Post 19445014)

And people are writing just what about Kim Dotcom?

:2 cents:

Marion, given your history on this forum, it's no surprise that you are illiterate when it comes to the issues surrounding copyright.

If you do not want to be beaten up by the muscle goon at the beach... Do not kick sand in his face.

40+ years as a pornographer has left me with a lot of dead friends and taught me that more of often than not. It is just best to leave the people in power alone. Because when they feel threaten, they respond. And most often than not, they will kick a man a few times extra when he is down to teach him a lesson. (I am still here today because I keep quite)

The webkiddies were not happy with a little bit. Instead they went out and stole everything and anything. So if their beloved Internet ends up becoming a witchhunt or tool of a totalitarianism.... Well they made their beds now they got to lie in them.

As for me...
I chuckle each time a pirate is burned at the stake.

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Originally Posted by L-Pink (Post 19444920)

you are not the RIAA :2 cents: