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EFF Urges US Copyright Office To Reject Proactive 'Piracy' Filters (torrentfreak.com)

TorrentFreak: As entertainment companies and Internet services spar over the boundaries of copyright law, the EFF is urging the US Copyright Office to keep "copyright's safe harbors safe." In a petition just filed with the office, the EFF warns that innovation will be stymied if Congress goes ahead with a plan to introduce proactive 'piracy' filters at the expense of the DMCA's current safe harbor provisions. [...] "Major media and entertainment companies and their surrogates want Congress to replace today's DMCA with a new law that would require websites and Internet services to use automated filtering to enforce copyrights. "Systems like these, no matter how sophisticated, cannot accurately determine the copyright status of a work, nor whether a use is licensed, a fair use, or otherwise non-infringing. Simply put, automated filters censor lawful and important speech," the EFF warns.

10 of 55 comments (clear)

  1. Re:Need to allow proactive filters by Anonymous Coward · · Score: 2, Funny

    Yup, piracy = murder, won't someone think of the children?

  2. Re:Need to allow proactive filters by chubs · · Score: 4, Insightful

    I'm trying to figure out whether you are joking or not. I'm going to assume you're not. Intent to commit murder is not a crime. It's necessary to prove first degree murder, but treating "intent" to do something as a crime is a common distopian sci-fi theme, not a current reality (Minority Report, Orwell's Thoughtcrimes, etc). Were you thinking of conspiracy to commit murder? That's different and requires someone to have actually committed crimes before prosecution. Also, this is a horribly comparison. A more apt comparison is if the judge at a murder trial were a super-powerful toaster that could recognize when something looked like murder, but couldn't tell the difference between murder, actors reenacting a murder, and a subway worker making me a sandwich (admittedly, sometimes it does seem like they murdered my sandwich, but that's neither here nor there). Since it can't tell the difference, it gives all three the death sentence.

  3. Look at YouTube DCMA takedowns by toejam13 · · Score: 5, Insightful

    I assume that such filters will be computer generated with little to no human review. The article specially mentions ContentID. Given the number of bogus DCMA takedowns that Yahoo receives each day due to these substandard checks, I don't see this being much better.

    This could cause a stifling effect upon fair use.

    1. Re:Look at YouTube DCMA takedowns by pr0fessor · · Score: 4, Informative

      I've seen indie bands get DMCA notices on their own original copyright materials. Whatever they are using for take down notices is already broken turning that into an auto filter would be a disaster.

  4. Seems to me that this is a bit of overreach by H3lldr0p · · Score: 4, Interesting

    And would be government censorship.

    Now as much as the crowd here likes to shout that word at the drop of a hat, we're looking a the real deal this time. At the very least this easily fits into the idea of prior restraint. You are asking for the government to deny access to part of a communication system based on notion of what you think is going on in commercial terms. There's no overriding government secrets to enforce, no defense materials at stake. Purely commercial.

    That right there is more than enough to drive a stake through its heart if the Copyright office had any sense at all.

  5. Prior Restraint by Cajun+Hell · · Score: 2

    "Proactive?" Even if this weren't a stupid (in multiple dimensions) idea, wouldn't legislating it be illegal on 1st Amendment grounds?

    --
    "Believe me!" -- Donald Trump
    1. Re:Prior Restraint by Actually,+I+do+RTFA · · Score: 2

      It would change the burden to qualify for safe harbor from "complies with takedowns" to "applies proactive filter". You're currently free to do neither and you still will be free to do neither. The only question is, how much legal liability do you want for contributing to copyright infringement.

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  6. Re:Need to allow proactive filters by BronsCon · · Score: 2

    Uh... Where the hell do you live? Conspiracy need involve only two people... conspiring to commit a crime.

    --
    APK quotes people (including myself) without context and should not be trusted. Just thought you should know.
  7. They don't care by duke_cheetah2003 · · Score: 4, Insightful

    Simply put, automated filters censor lawful and important speech

    Collateral damage due to protecting copyrights. The media companies that are encouraging DMCA get replaced don't care about this. They just want their material protected. Hell, they probably would very much like 'fair use' to go away. Anything to tighten the screws, damn the legitimate usages!

    This is a very American response to the issue: Shoot first, ask questions later. Automated filters are basically this mentality encoded. Censor first, ask questions later. Protect copyrights first, ask questions later.

    Why the hell is it that values that Americans seems to cherish are left at the entrance when they go to work? Fucking disgraceful.

  8. Good luck with that by duke_cheetah2003 · · Score: 2

    new law that would require websites and Internet services to use automated filtering to enforce copyrights.

    Given the rise of pretty much every websites flipping on HTTPS, the prevalence of VPN's and other measures to obscure what's really being transmitted to any given IP address, they got a hell of a tall order there to try to 'stomp' on copyright infringement on the fly. You're talking about cracking/decrypting HTTPS on-the-fly, add analysis and comparison to samples. I'm not saying it's impossible, our computers are getting disturbingly fast, but what a fucking waste of resources. All that effort so Joe can't download a copy of your movie? Epic waste of resources, for little-to-no gain whatsoever. Haven't these people learned yet? People who pirate content are rarely people who would EVER buy your stuff.