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Parts of SOPA Hiding Inside a Boring Case About Invisible Braces

derekmead writes: The most controversial parts of SOPA, an anti-piracy bill defeated in 2012 after a massive public outcry, may end up becoming de facto law after all, depending on the outcome in an obscure case that is working its way through the legal system without anyone noticing.

Next week, the U.S. Appeals Court for the Federal Circuit will hear oral arguments in ClearCorrect Operating, LLC v. International Trade Commission, a case that could give an obscure federal agency the power to force ISPs to block websites. In January, The Verge reported that this very legal strategy is already being considered by the Motion Picture Association of America, as evidenced by a leaked document from the WikiLeaks Sony dump.

28 of 174 comments (clear)

  1. Copyright steals creative works. by headkase · · Score: 5, Insightful

    Copyright has no clothes is how the saying goes.

    Perpetual copyright - and make no mistake it is that by extension after extension - robs our culture of rich works that never were. If copyright was a sane term like 20 years then after those 20 years new authors could tell new stories in those universes and receive their own 20 year copyright on their flavors. But, no, better to let the tapestry rot away for a few pennies more a year.

    Get a free book on the issues here: The Public Domain.

    --
    Shh.
  2. shit sandwiching by nimbius · · Score: 5, Funny

    this, the TPP, pipa, DMCA, you name it and it all shows up buried in some obscure bill about dentures or highway reflector color. In america we could pass legislation on the width of an ear of corn and by the end of the vote it would have legalized nazi bingo parlour strippers and privatized nuclear cheesecake warfare.

    our biggest, and most famous shit sandwich is the agriculture/farm bill. Its around 950 billion dollars and laced with nothing short of paint-thinner dreams like creating a national christmas tree board and a reality tv show to promote cotton in india. and this all happens because american politicians are the equivalent of a pre-paid chipotle gift card. Whatever you want, so long as you've paid.

    --
    Good people go to bed earlier.
    1. Re:shit sandwiching by Nidi62 · · Score: 4, Funny

      this, the TPP, pipa, DMCA, you name it and it all shows up buried in some obscure bill about dentures or highway reflector color. In america we could pass legislation on the width of an ear of corn and by the end of the vote it would have legalized nazi bingo parlour strippers and privatized nuclear cheesecake warfare.

      I'm confused. Are they bingo parlor strippers who are members of the Nazi party, or are they just strippers who work in a bingo parlor frequented by Nazis? Because to me this distinction is very important when deciding whether or not they should be legal. And if we privatized nuclear cheesecake warfare, how would we keep a Cheesecake Factory franchise from opening in Tehran?

      --
      The only thing necessary for evil to triumph is for it to be pitted against a slightly greater evil
    2. Re:shit sandwiching by Atrox666 · · Score: 3, Interesting

      We keep running around fighting fires instead of fighting arsonists
      .
      The people who want to maintain the exploitation market (you didn't think it was actual artists getting paid did you?) will just try again and again and win a victory of a thousand cuts eventually. We need to put them in cages at the very least. This is a losing battle the way it's being fought.
      We should pick one of the very sleazy operators like Sony and keep going after them through a multitude of approaches and just keep coming until they no longer exist.
      Make their name a synonym for when the population turns on a corporation and irrevocably crushes it into the dirt.
      Make every corporation on earth fear getting Sony'd.

      The way you've been conditioned to think about conflict are the values of the exploited and defeated population. Greenfield your preconceptions. Fight the dirty fight and win or they will.

  3. Re:What did you expect? by Opportunist · · Score: 2

    You could kill those that commit those acts and their family. Then those that replace them. Repeat until a learning effect sets in.

    --
    We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
  4. It almost feels hopeless by bjdevil66 · · Score: 2

    This kind of potentially critical situation (the gov't being able to filter the internet at the behest of corporate interests) shouldn't require us all rising up and complaining. We elect people that should have our fiduciary interests at heart, and dome of our Congressmen do still care (the "boy scouts"). I know my rep personally and have spoken with him at length about various issues, and he does his best. Too many of them, however, are powerless at the feet of their own political parties and the money that elected them.

    I find myself hoping and praying that somehow, some way, the right decision(s) will get made - but I find myself expecting being more and more cynical about the whole thing. The fundamentals of the system are broken to the point that the Supreme Court is the only truly effective governing body... To channel Jack Nicolson's Joker, "This government needs an enema."

    1. Re:It almost feels hopeless by gstoddart · · Score: 4, Insightful

      This kind of potentially critical situation (the gov't being able to filter the internet at the behest of corporate interests) shouldn't require us all rising up and complaining. We elect people that should have our fiduciary interests at heart

      When you have a past president saying:

      "[Citizens United] violates the essence of what made America a great country in its political system," Carter said. "Now it's just an oligarchy, with unlimited political bribery being the essence of getting the nominations for president or to elect the president. And the same thing applies to governors and U.S. senators and congress members.

      "So now we've just seen a complete subversion of our political system as a payoff to major contributors, who want and expect and sometimes get favors for themselves after the election's over," Carter continued, according to The Intercept. "The incumbents, Democrats and Republicans, look upon this unlimited money as a great benefit to themselves. Somebody's who's already in Congress has a lot more to sell to an avid contributor than somebody who's just a challenger."

      You should know you're fucked.

      The only fiduciary interest these guys have is their own, and your politics are irrevocably for sale.

      Your interests don't fucking matter, unless you have enough money to make a large campaign donation and pay for lobbyists.

      When money == speech, if you don't have money you don't have speech, and your government doesn't give a crap about you.

      America has been an oligarchy for a long time, and it's only getting worse. Why do you think they let the MPAA write laws like SOPA in the first place?

      Because that's who paid for them.

      --
      Lost at C:>. Found at C.
  5. First forcing European countries, NZ/AU, etc. by CanEHdian · · Score: 2

    First strong-arming European countries and down under (this is hidden in news articles as "under enormous pressure", those in the know need no more than that) to adopt web-blocking laws (I think Portugal is the latest with a 6-week end-to-end process?), then later pointing at the "international standards" to get this in the US and Canada as well. Disgusting, how the Copyright Lobby (a/k/a MAFIAA) works.

    --
    When the copyright term is "forever minus a day", live every day like it's the last.
  6. Apparently they haven't been ground down... by Karmashock · · Score: 2, Interesting

    ... hard enough yet.

    So far the MPAA has been losing everywhere for years. I don't see this going anywhere.

    Lets say they get ISPs to do one thing or another. So what? Worst case you run your dirty traffic through a VPN.

    This gets nutty enough and large portions of the web will go from the conventional internet to the dark web.

    They need to offer their content on the streaming services and they need to do it at a competitive rate.

    If they can't make money like that then cut production costs. That's all they can do.

    Stopping the piracy isn't going to happen because the communications network is inherently uncontrolled and uncontrollable. The Iranians and the Chinese can't control their network... why would the stupid studios think they could control the US network? Ignorance.

    You can control the system if you control everything. Run the internet like the north koreans and you can lock it down.

    But that won't happen so the whole thing is pointless.

    --
    I've decided to stop wasting my time responding to AC trolls/sockpuppets... so if you want a response from me... login.
    1. Re:Apparently they haven't been ground down... by Karmashock · · Score: 2

      ""The Dark Web often confusingly referred to as the Deep Web[2] is the public[3] World Wide Web content that exists on darknets, networks which overlay the public Internet and require specific software, configurations or authorization to access and are often used for illegal or criminal activity. It forms part of the Deep Web, the part of the Web not indexed by search engines.[4][5][6][7] The darknets which constitute the Dark Web include small, friend-to-friend peer-to-peer networks, as well as large, popular networks like Freenet, I2P, and Tor, operated by public organizations and individuals. Users of the Dark Web refer to the regular web as the Clearnet due to its unencrypted nature.[8]""

      https://www.youtube.com/watch?...

      --
      I've decided to stop wasting my time responding to AC trolls/sockpuppets... so if you want a response from me... login.
    2. Re:Apparently they haven't been ground down... by pr0fessor · · Score: 2

      MPAA and RIAA both represent distributors, labels, and studios not the actual artist, they are in the business of making money. Studios and labels give artists large advances to cover services they offer then charge outrageous amounts many times their cost for those services like studio time, radio campaigns, distribution, other advertising, etc... and recoup the advance and interest out of meager royalties the artist is paid while collecting a larger portion of the profit from the sales for themselves.

      Indie bands have to watch out for pay to play scams where a instead of getting a percentage of ticket sales the band gets a percentage of a pool of tickets that the band is liable for if they are not sold. Although this is usually split between multiple bands If the bands makes 20% off of ticket sales on a pool of 500 ticket and 400 are sold the bands owes 80% cost of 100 tickets. If those are $20 tickets the bands will make $1600 on the 400 sold but owe $1600 on the remaining 100 tickets.

           

    3. Re:Apparently they haven't been ground down... by SuricouRaven · · Score: 2

      Definition is impossible - as the term is a media creation, not technical, it is used with wild inconsistency.

  7. Re:Fine, fuck 'em ... by OhPlz · · Score: 4, Insightful

    Now if someone was to film this hypothetical murder.. which would be longer, the time in prison or the length of the copyright?

  8. Re:Fine, fuck 'em ... by plover · · Score: 4, Funny

    "Why won't sharks attack lawyers? Professional courtesy."
    "How do you stop a lawyer from drowning? Take your foot off his neck."
    "What do you have when you have a lawyer buried up to his neck in sand? Not enough sand."
    "The problem with lawyers is that the actions of 99% of them give the other 1% a bad name."

    Thanks, you've been a wonderful audience. Tip your waiters, they work hard.

    --
    John
  9. Re:What did you expect? by alvinrod · · Score: 4, Interesting

    Did you expect the people who wanted this legislation to stop wanting it just because it didn't go through the first time? They're always going to keep pushing for it, regardless of how many times it gets voted down, so you're always going to have to keep opposing them.

    Take a look at it from a different angle. Gay people didn't stop pushing for marriage rights just because they had been denied in the past or ballot measures were unsuccessful. Why should you finding it surprising that the people who want SOPA or similar laws would quit just because it didn't work the first time?

  10. Braces? by wonkey_monkey · · Score: 4, Informative

    Parts of SOPA Hiding Inside a Boring Case About Invisible Braces

    You could have at least explained the bit in the headline about braces (the teeth kind) in the summary:

    At first glance, ClearCorrect v. ITC looks pretty banal. It’s a case about a 3D printing model file for invisible braces. ClearCorrect, an Invisalign competitor, had a subsidiary in Pakistan create 3D models of braces, which it then sent from Pakistan to the US over the internet. ClearCorrect then 3D-printed the braces in its Texas offices, a move that might infringe Invisalign patents. (The validity of the patents is being disputed in both court and at the US Patent & Trademark Office.)

    --
    systemd is Roko's Basilisk.
  11. Re:Democrats by davester666 · · Score: 2

    yes. it was written by the two major 'content' industry associations, and the legislators were paid to pass it.

    And both democrats and republicans were paid to have it passed.

    --
    Sleep your way to a whiter smile...date a dentist!
  12. Re:Democrats by PopeRatzo · · Score: 4, Insightful

    We now have more black babies being aborted than being born.

    That's dopey. You've got to get information from places other than pro-life websites.

    But even if you use the numbers cited by the pro-life websites (and cited NO WHERE ELSE), you'll see that live births outnumber abortions by at least 6-1. If you use census data for births, you'll see that it's more like 10-1. And that's if you accept the total number of black abortions the pro-life websites have pulled right outta their ass.

    --
    You are welcome on my lawn.
  13. Re:Democrats by x-arioch · · Score: 2, Insightful
    When it comes to race issues in the US geography has always been more important than political party. This Civil Rights' vote is probably the clearest indicator of that. Today the democratic party likes to act as if they passed it, but the southerns from both parties were overwhelmingly against it. Fortunately there were more voters that were not southern ( at least in the confederate meaning of southern ).
    • -- The House :
    • Southern Democrats: 7–87 (7–93%)
    • Southern Republicans: 0–10 (0–100%)
    • Northern Democrats: 145–9 (94–6%)
    • Northern Republicans: 138–24 (85–15%)
    • -- The Senate:
    • Southern Democrats: 1–20 (5–95%)
    • Southern Republicans: 0–1 (0–100%)
    • Northern Democrats: 45–1 (98–2%)
    • Northern Republicans: 27–5 (84–16%)

    https://en.wikipedia.org/wiki/...

  14. Re:Democrats by PopeRatzo · · Score: 2, Informative

    You are implying that getting an abortion isn't life changing ... and also that it isn't a bad decision.

    The total number of abortions (including in the black community) has been dropping every year since 1980. EVERY. SINGLE. YEAR.

    https://www.guttmacher.org/med...

    --
    You are welcome on my lawn.
  15. Re:Democrats by operagost · · Score: 2

    Punish? How's that? Please explain.

    --

    Gamingmuseum.com: Give your 3D accelerator a rest.
  16. Re:Democrats by Triklyn · · Score: 2

    i think the religious right and and the fiscal right actually intersect on this issue.

    they both believe that charity is not the purview of government.

  17. Re:Democrats by sconeu · · Score: 2

    The DMCA was a badly flawed law, passed for some pretty good reasons by technologically challenged legislators.

    Where "pretty good reasons" = "briefcases full of cash"

    --
    General Relativity: Space-time tells matter where to go; Matter tells space-time what shape to be.
  18. Is this the right case? by russotto · · Score: 2

    I've heard of another case were the MPAA was getting an order against "all third parties" to block a website they didn't like. This looks a lot more limited: Align Technologies says ClearCorrect is performing a patented process in Pakistan to evade Align's US Patent, and the ITC is ordering ClearCorrect (not third parties) to stop receiving the models which are supposedly the results of this process. Whether this is or is not within the ITCs jurisdiction, it doesn't look like wide-ranging SOPA-like powers.

  19. Re:What did you expect? by l0n3s0m3phr34k · · Score: 3, Interesting

    Then your going to be partially disappointed. The "elite" have already planned for this "revolution", that's why we're seeing all this Confederate flag crap. They know the situation is getting worse, so they've gotten the population to fight amongst themselves. What SHOULD be is "poor" black citizens and "poor" white citizens should be banding together to defeat their common enemy. Instead they are waving / destroying / fighting over a flag of a failed insurrection. The "poor" whites actually think the GOP is "on their side" since the elites are white too; but they aren't considered human by the ultra-wealthy. Newscorp is involved with both the MPAA and stirring racial tensions.

  20. Re:What did you expect? by Opportunist · · Score: 2

    I did neither say that it should be done nor that I would do it. I only wanted to point out that there IS actually something that can be done.

    I am simply fed up with people claiming there is "no alternative". There always is. It may not be pleasant and it may not be what you want, but there is ALWAYS at the very least one alternative.

    --
    We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
  21. Re:Democrats by EQ · · Score: 2

    Summary of Vital Statistics 2012 The City of New York, Pregnancy Outcomes, New York City Department of Health and Mental Hygiene, Office of Vital Statistics

    Table 1: the total number of live births, spontaneous terminations (miscarriages), and induced terminations (abortions) for women in different age brackets between 15 and 49 years of age. The table also breaks that data down by race â" Hispanic, Asian and Pacific Islander, Non-Hispanic White, Non-Hispanic Black â" and also by borough of residence: Manhattan, Bronx, Brooklyn, Queens, Staten Island.

    The numbers show that in 2012, there were 31,328 induced terminations (abortions) among non-Hispanic black women in New York City. That same year, there were 24,758 live births for non-Hispanic black women in New York City. There were 6,570 more abortions than live births of black children.

    Fact are stubborn things. You're wrong. Admit it.

    --
    Buffalo buffalo Buffalo buffalo buffalo buffalo Buffalo buffalo! http://goo.gl/J9bkO
  22. Re:Democrats by Triklyn · · Score: 2

    well you can understand the impulse, if government is taking my money to force me to provide for those less fortunate, i can't do it voluntarily even if i want to... because, you know, no money.