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Google Files Amicus Brief in Hotfile Case; MPAA Requests It Be Rejected
An anonymous reader writes "Google has once again stood up in court for the rights of users and services online, this time defending Hotfile from copyright infringement accusations. [Quoting the article]: 'Google takes a sort of hard-line approach via the DMCA, telling the court that however the MPAA may try to mislead them, Hotfile is in fact protected under safe harbor provisions. And furthermore, Google suggests that the MPAA's approach is contrary to the language in and precedents surrounding the DMCA. The onus is on copyright holders to alert a service to the nature and location of an infringement, and the service's responsibility is to alert the user if possible and remove the material within a reasonable period of time.'"
The full brief has been uploaded to Scribd. The MPAA, naturally, has requested that the amicus brief be rejected by the court: "Google's proposed brief appears to be part of a systematic effort by Google, itself a defendant in ongoing copyright infringement cases, to influence the development of the law to Google's own advantage — as well as an effort by Hotfile (whose counsel also represent Google) to circumvent its page limits. Google is acting as a partisan advocate for Hotfile, making arguments that Hotfile has or could have made in its own opposition to summary judgment. The parties here are well-represented and have the incentive and wherewithal to make all the arguments the court will need. Although Google purports not to take a position regarding summary judgment here, Google unmistakably seeks a ruling against plaintiffs. Google's motion should be denied"
Google's proposed brief appears to be part of a systematic effort by Google, itself a defendant in ongoing copyright infringement cases, to influence the development of the law to Google's own advantage
Isn't this what the MPAA and RIAA have been trying to do with SOPA/PIPA and all these other bills? I guess it's only ok when they do it though.
The only thing necessary for evil to triumph is for it to be pitted against a slightly greater evil
Perhaps their efforts are fueled by a more private agenda, but I still see Google as the least evil in the crowd.
vos nescitis quicquam, nec cogitatis quia expedit nobis ut unus moriatur homo pro populo et non tota gens pereat.
If anyone should be trying to protect their revenue stream on this one, it's google...
If enough users hit their 5th or 6th strike, that would impinge on googles money.
We need someone like Microsoft (antitrust experience) to help fight this crap. Also, it couldn't hurt Microsoft to gain a little positive press.
Pointing out the facts is not a 'systematic effort to influence the development of the law'. In fact it's been the MPAA and similar organisations that have been doing that, and the only ones who have been doing that, not by pointing out facts, but by describing their own fantasies (about how much they could earn, of course without thinking that if more money is spent on MPAA stuff, less is spent on other sectors in society) , and nightmares (about how much they're getting ripped off), and with their bribes (a.k.a. lobbying).
And of course these people don't even understand their clients: The obnoxious 'don't copy' ads at the start of DVDs is almost enough to make me want to 'pirate' stuff.
Accusing others of what they do themselves is something I found to be a typical trait of sociopaths in humans, and corporations are designed and geared to be exactly that, which shows the problems involved with corporations. Reduce liability: If a corporations spout such nonsense as this, they should be held in contempt of court, i.e. everyone responsible: The lawyers, and the entire board of directors etc.
Google standing up for our rights is a side effect of Google picking indirect fights to protect their interests before the battle is in their own backyard.
Perhaps their efforts are fueled by a more private agenda, but I still see Google as the least evil in the crowd.
In fact, the Google Amicus brief is quite candid about Google's interest in the case. It's clearly explained in the very first section, right after the tables of contents and authorities, and before any of the brief's arguments.
Those who can make you believe absurdities can make you commit atrocities. - Voltaire
More importantly, can corporations get gay married?
Exactly right, which doesn't change the fact that this is an argument we want Google to win because if the don't, we will lose along with Google and everybody else.
Let's push that whole analogy a little farther:
One of the arguments against the death penalty being a deterrent is that many of the people it gets applied to are not capable of looking ten years or so down the road and seeing themselves in the position of a condemned killer actually strapped into an electric chair or on a lethal injection table. Our worst criminals tend to be strongly socially stunted and fixated only on immediate gratification and immediate consequences. They severly lack the empathy to put themselves in another's position, whether it's with their victims, or with other killers who have gotten caught and punished.
Sounds like a corporation - relentless focus on a point no father away than the next quarter's profit statement, little or no concern for the long term consequences of their actions... The very act of calling disbandment a corporate death penalty says corporations have the mentality of criminals, and we are hoping we have come up with something severe enough to get them to look past the immediate gratification mode they are in.
Who is John Cabal?
Isn't that why people on Slashdot often speak out in defence of victims of the MPAA's crusade too? Because they think it's unjust, and realise if it carries on then they could be a victim themselves one day?
Or what, you thought it was all goodwilled altruism with no vested interest in supporting a specific stance?
Or were you just trying to troll Google?
Let's be honest, the only reason most people support anything like this is for self-interest, but importantly that doesn't mean it's wrong. Sometimes an outcome backed for reasons of self-interest is still the right outcome regardless of reasons for backing it.
More importantly, can corporations get gay married?
Technically yes, if you can find a suitable company for Apple to merge with.
Youtube and similar services have a legitimate business model. YouTube goes above and beyond what they should ever be required to do, and their current policies are unbalanced to the point that they have a chilling effect on clearly legitimate speech. That the MPAA et al are still asking for more and more is irrelevant.
Also, I have no idea why you brought up morality, because copyright is not a moral system, but a practical one, and practically speaking, there are no further benefits to the public that can arise from any strengthening of copyright, and a lot of benefits that would arise from weakening it or enfrocement.
This is my signature. There are many like it, but this one is mine.
Why does one need to be altruistic to not be evil?
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