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[News] ACTA is Under Attack in Europe, the US Cracks Down on Net's Free Speech

  • Subject: [News] ACTA is Under Attack in Europe, the US Cracks Down on Net's Free Speech
  • From: Roy Schestowitz <newsgroups@xxxxxxxxxxxxxxx>
  • Date: Sat, 27 Feb 2010 22:29:50 +0000
  • Followup-to: comp.os.linux.advocacy
  • Newsgroups: comp.os.linux.advocacy
  • User-agent: KNode/4.3.1
Hash: SHA1

Europe 'will not accept' three strikes in Acta treaty 

,----[ Quote ]
| The European Commission has pledged to make 
| sure the Acta global treaty will not force 
| countries to disconnect people for 
| unlawfully downloading copyrighted music, 
| movies and other material.


Rare Ruling on Damages for Sending Bogus Copyright Takedown Notice--Lenz v. Universal

,----[ Quote ]
| In the lawsuit over the allegedly bogus 
| takedown of a YouTube video of a baby 
| dancing to Prince's "Let's Go Crazy" 
| (previous blog coverage), Judge Fogel has 
| defined some standards for computing 
| damages in a 17 USC 512(f) case, which 
| creates a cause of action for sending 
| certain types of bogus copyright takedown 
| notices. I can't recall another case 
| discussing the damages requirements of a 
| 512(f) claim--the only other definitive 
| 512(f) plaintiff's win was Online Policy 
| Group v. Diebold (also before Judge Fogel), 
| which settled for $125k before Judge Fogel 
| reached damages. As a result, I believe 
| this is a novel ruling which could have 
| significant implications for future 512(f) 
| cases.
| 512(f) says that the sender of an 
| impermissible takedown notice "shall be 
| liable for any damages, including costs and 
| attorneys' fees, incurred [by the 512(f) 
| plaintiff] as the result of the service 
| provider relying upon such 
| misrepresentation..." Judge Fogel 
| interprets the language to mean that "a 
| Â512(f) plaintiffâs damages must be 
| proximately caused by the misrepresentation 
| to the service provider and the service 
| providerâs reliance on the 
| misrepresentation." Accordingly, 512(f) 
| does not require plaintiffs to show that 
| they suffered economic losses. 


US government rescinds 'leave internet alone' policy

,----[ Quote ]
| The US governmentâs policy of leaving the 
| Internet alone is over, according to 
| Obamaâs top official at the Department of 
| Commerce.
| Instead, an âInternet Policy 3.0â approach 
| will see policy discussions between 
| government agencies, foreign governments, 
| and key Internet constituencies, according 
| to Assistant Secretary Larry Strickling, 
| with those discussions covering issues such 
| as privacy, child protection, 
| cybersecurity, copyright protection, and 
| Internet governance.



Biden Convenes 'Piracy Summit' That Appears To Be Entirely One-Sided

,----[ Quote ]
| Notice that there aren't any consumer rights
| representatives. No one from technology
| companies. No one representing a viewpoint
| from outside of these industries of how they
| might be abusing claims of "piracy" to prop
| up obsolete business models. Instead, it's
| just the echo chamber. The same folks who
| have been misleading politicians for ages.
| And, of course, whenever you get a summit
| like this, expect some sort of misguided
| "action" to follow. Update: Public Knowledge
| has put out a statement, noting how one-
| sided this gathering is, and questioning why
| politicians are attending what appears to be
| an industry gathering on how to prop up a
| business model. Update 2: In the press
| release (pdf) about this, Biden's office has
| the gall to claim this "will bring together
| all of the stakeholders." Ha! It's 100%
| entertainment industry interests. No tech.
| No consumer advocates. No ISPs. This is a
| complete joke. Update 3: This just gets more
| and more ridiculous. Reporter Ryan Reilly
| was covering the "summit," posting the
| seating chart and quoting Biden as saying
| that "piracy" is "flat unadulterated theft"
| but it looks like Reilly has now been kicked
| out of the summit. Openness and transparency
| apparently doesn't apply when it involves
| propping up one small industry's obsolete
| business model.


EC to fight pirates

,----[ Quote ]
| THE EUROPEAN COMMISSION (EC) has promised to
| 'mobilise' in its fight against copyright
| infringement and counterfeiting.
| At a meeting in Stockholm, members of the EC
| are discussing practical initiatives in the
| fight against 'pirates' and knock-off
| merchants, under the umbrella title of the
| European Observatory for Counterfeiting and
| Piracy.


EU finally ratifies copyright treaty


Sun claims IP victory over defunct US 'counterfeiter'

,----[ Quote ]
| Sun Micro claimed a brace of IP victories
| today, with a counterfeiter in the US and a
| UK-based grey marketeer feeling the wrath of
| the soon-to-be-borged firm.


Legal Battles Over E-Book Rights to Older Books

,----[ Quote ]
| William Styron may have been one of the
| leading literary lions of recent decades,
| but his books are not selling much these
| days. Now his family has a plan to lure
| digital-age readers with e-book versions of
| titles like âSophieâs Choice,â âThe
| Confessions of Nat Turnerâ and Mr. Styronâs
| memoir of depression, âDarkness Visible.â


IP Czar Focused On Protecting Jobs, Not Promoting Progress?

,----[ Quote ]
| Then, on being questioned she appeared to
| support Hollywood's position that any net
| neutrality laws won't apply to mandating
| content filters on ISPs. It's looking like
| -- just as was initially feared -- this
| position is really to get Hollywood's own
| representative in the White House. What a
| shame. If you must have an "IP Czar"
| shouldn't it be someone who's actually
| focused on making sure progress is being
| promoted, rather than someone who wants to
| blindly crack down on infringement with no
| thought towards whether or not it makes
| sense?


And Of Course: DOJ Announces New Focus, Funding On Intellectual Property

,----[ Quote ]
| As we all know by now, the new administration hired a bunch of the
| entertainment industry's favorite lawyers, and during the confirmation
| hearings for the most senior among them, a desire to have the Justice
| Department focus more on intellectual property was a key point.


Department of Justice Announces Over $1.9 Million in Grants for Criminal
Intellectual Property Enforcement


US Fed Gov. Says All Music Downloads Are Theft

,----[ Quote ]
| Nearly all US government employees and contractors are subject to mandatory
| annual information security briefings. This year the official briefing flatly
| states that all downloaded music is stolen. The occasionally breathless tone
| of the briefing and the various minor errors contained therein are funny but
| the real eye-opener is a 'secure the building' exercise where employees
| stumble across security problems and resolve them.


Obama Administration Reiterates Its Support Of Secretive, Industry Written ACTA

,----[ Quote ]
| We've been bothered by the incredibly secretive (except if you happen to be
| in the entertainment industry) ACTA Treaty negotiations for quite some time
| now. This is the industry-led effort to get a bunch of nations to agree to
| draconian and damaging new copyright laws by sneaking them through as a
| secretive "international treaty," such that countries are then compelled to
| change their copyright laws to "be in compliance with international
| agreements." It's a really sneaky trick that Hollywood has used for years.


U.S. Targets Canada Over Copyright in Special 301 Report

,----[ Quote ]
| The move is not unexpected, given recent comments from Vice President Joe
| Biden and U.S. Congressional panels as well as the demands from U.S. lobby
| groups.


Former RIAA Lawyer At DOJ Will Only Avoid RIAA Issues For A Year

,----[ Quote ]
| Plenty of folks have noted that the Justice Department has been the landing
| place for a number of RIAA lawyers. Some have suggested not to get too worked
| up about this, given that the Obama administration's ethics rules supposedly
| forbade those lawyers from being involved in issues related to their former
| work.


Obama Names Craig Mundie to Sci-Tech Advisory Council


Joe Biden promises a blank check to the entertainment cartel

,----[ Quote ]
| VP Joe Biden stood up in front of a bunch of Hollywood execs and promised to
| appoint a copyright czar, and furthermore, that this would be the "right"
| person to protect their interests. I would have voted Dem in the last
| election, if I got a vote, but make no mistakes: the Dems are the party of
| stupid copyright laws.


Administration Lobbyist Ban Not Doing What It's Supposed To Do

,----[ Quote ]
| We've already seen how the Justice Department is, for example, being filled
| with lawyers who regularly worked with the RIAA, MPAA and BSA -- three of the
| biggest copyright lobbying organizations, and those individuals have wasted
| no time in expressing their desire to continue pushing those industry's
| viewpoints in their new positions.


Copyright debate heats up over Obama appointments

,----[ Quote ]
| The president has, in fact, filled out some high-level Justice Department
| positions with lawyers favored by the copyright industry, including attorneys
| who have represented the Recording Industry Association of America and the
| Business Software Alliance. The signatories of the April 2 letter said the
| Justice Department's intervention last month in favor of a record label in a
| file-sharing case heightens their concern.


Biden promises 'right person' as new U.S. copyright czar

,----[ Quote ]
| "It's pure theft, stolen from the artists and quite frankly from the American
| people as consequence of loss of jobs and as a consequence of loss of
| income," Biden said, according to a White House pool report.


MPAA reaches out to lawmakers

,----[ Quote ]
| The occasion: the second biennial summit sponsored by the industry's chief
| lobbying arm, the Motion Picture Assn. of America.


I got you, babe

,----[ Quote ]
| Obama is whistling the music industry's tune


Obama Taps 5th RIAA Lawyer to Justice Dept.

,----[ Quote ]
| President Barack Obama is tapping another RIAA attorney into the Justice
| Department.
| Monday's naming of Ian Gershengorn, to become the department's deputy
| assistant attorney of the Civil Division, comes more than a week after nearly
| two-dozen public interest groups, trade pacts and library coalitions urged
| the new president to quit filling his administration with lawyers plucked
| from the Recording Industry Association of America.
| The move makes it five RIAA lawyers Obama has appointed to the Justice
| Department.


Obama administration sides with RIAA in P2P suit

,----[ Quote ]
| The Obama administration has sided with the recording industry in a copyright
| lawsuit against an alleged peer-to-peer pirate, a move that echoes arguments
| previously made by the Bush administration.


Obama Sides With RIAA, Supports $150,000 Fine per Music Track


U.S. Sides with RIAA in Filesharing Case


Obama Administration Claims Copyright Treaty Involves State Secrets?!?

,----[ Quote ]
| When the Obama administration took over, there was a public stance that this
| administration was going to be more transparent -- especially with regards to
| things like Freedom of Information Act requests. The nonprofit group
| Knowledge Ecology International took that to heart and filed an FOIA request
| to get more info on ACTA. The US Trade Representative's Office responded
| denying the request, saying that the information was "classified in the
| interest of national security pursuant to Executive Order 12958." This is a
| treaty about changing copyright law, not sending missiles somewhere. To claim
| that it's a national security matter is just downright scary. As KEI points
| out, the text of the documents requested have been available to tons of
| people, including more than 30 governments around the world and lobbyists
| from the entertainment industry, pharma industry and publishing industry.


Obama names Doerr, Phillips to economic board

,----[ Quote ]
| Two Silicon Valley leaders have been appointed by President Obama to a
| 16-person committee that's charged with offering economic advice during what
| has become an unusually sharp and deep recession.
| John Doerr, the billionaire venture capitalist at Kleiner, Perkins, Caufield
| & Byers, is one. Doerr was involved in funding companies including Google,
| Amazon.com, Sun Microsystems, and Cypress Semiconductor; he currently serves
| on the board of companies including Amazon and Google and has recently turned
| his attention to green tech.
| Charles Phillips, the president of Oracle, is another. Phillips became
| president in May 2003 and previously was with Morgan Stanley's Institutional
| Securities Division. He's a Linux aficionado and said in 2005: "On demand is
| the future of software for many years to come and we are building it on
| Linux."

Version: GnuPG v1.4.9 (GNU/Linux)


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