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Music Industry Asks US Government To Reconsider Website Blocking (torrentfreak.com)

An anonymous reader quotes a report from TorrentFreak: At the start of this decade, U.S. lawmakers drafted several controversial bills to make it easier for copyright holders to enforce their rights online. These proposals, including SOPA and PIPA, were met with fierce resistance from the public as well as major technology companies. They feared that the plans, which included pirate site-blocking measures, went too far. In the many years that followed, the "site blocking" issue was avoided like the plague. The aversion was mostly limited to the U.S., as website blocking became more and more common abroad, where it's one of the entertainment industries' preferred anti-piracy tools.

Emboldened by these foreign successes, it appears that rightsholders in the U.S. are now confident enough to bring the subject up again, albeit very gently. Most recently the site-blocking option was mentioned in a joint letter (PDF) from the RIAA and the National Music Publishers' Association (NMPA), which contained recommendations to the Intellectual Property Enforcement Coordinator (IPEC) Vishal Amin. The IPEC requested input from the public on the new version of its Joint Strategic Plan for Intellectual Property Enforcement. According to the music industry groups, website blocking should be reconsidered an anti-piracy tool.
"There are several changes that should be made legislatively to help legal authorities and third parties better protect intellectual property rights," the music groups write. "These include fixing the DMCA, making it a felony to knowingly engage in unauthorized streaming of copyrighted works, and investigating the positive impact that website blocking of foreign sites has in other jurisdictions and whether U.S. law should be revised accordingly."

"As website blocking has had a positive impact in other countries without significant unintended consequences, the U.S. should reconsider adding this to its anti-piracy tool box," the RIAA and NMPA write.

26 of 203 comments (clear)

  1. The felony part will change stuff from civil to cr by Joe_Dragon · · Score: 3, Interesting

    The felony part will change stuff from civil to criminal courts where the standard of standard of evidence is a lot higher

  2. the constitution will make it hard to block an sit by Joe_Dragon · · Score: 2

    the constitution will make it hard to block an site as that is an 1st issue

  3. Music industry is obsolete by sinij · · Score: 2

    Music industry (i.e. record labels) is obsolete and haven't mattered since artists went digital. Why are they still being listened to?

    1. Re:Music industry is obsolete by Opportunist · · Score: 2

      Because they spend money on campaign contributions.

      Hmm... If we all chip in, you think we could afford a politician that actually works for us for a change?

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    2. Re:Music industry is obsolete by Austerity+Empowers · · Score: 2


      Hmm... If we all chip in, you think we could afford a politician that actually works for us for a change?

      During the benighted campaign in which we finally found both a giant douche and a turd sandwich so foul that whoever won was certain to be the ruination of us all, I considered this. Why did we end up with two candidates who were provably not in the best interests of the general public, could we outbid their respective PACs to get a better agenda from one of the candidates?

      I think the answer is probably no, not effectively. Even if we could raise the money, which is a complex topic itself, the idea that we could direct that money at a single politician whose agenda aligns well enough with ours is provably impossible: we can't even pick the best of two in a contest that doesn't eventually boil down to a coin toss. We have no consensus, and while on each issue alone we probably can pick the best choice with some degree of authority, when all the issues are boiled together and marketed, we fall on our faces.

      Take all the major issues that political campaigns focus on and divide us. Then add in all the ACTUAL issues that we should be paying attention to instead. Hold a vote, let the general public decide what the best policy is on each of these issues. Then build a platform that encompasses these results, then purchase, not one, but as many politicians as it takes to make this platform viable. Determine the amount of money that will be required to purchase these politicians over their superPAC contributors (about $2bln, in 2016), and ask each person who voted to pay their fair share. What I think will happen is that the issues will so sharply divide and alienate voters that the surviving fraction of people who can swallow the resulting platform will have to pay a huge amount per person, possibly an impossible amount for your average earner. And that's just to outbid at 2016 levels, you bet your ass that these superPACs can afford a whole lot more, they simply don't need to. Then add on how many of them can offer politicians more personal value: insider information, retirement plans, nice dinners at expensive places, etc. It's too much.

  4. Time for a tax on intellectual property? by Anonymous Coward · · Score: 5, Interesting

    It's becoming clear that protection of intellectual property (IP) is costly. In the physical world, people pay a property tax for fire & police protection. Maybe it's time for IP property holders to pay a tax on their property as well. Any IP whose tax is unpaid reverts to the public domain, and the pool of IP taxes collected can be used to defray the costs of protecting paid-up intellectual property. Go ahead, shoot holes in this modest proposal!

    1. Re:Time for a tax on intellectual property? by CanHasDIY · · Score: 2

      Maybe it's time for IP property holders to pay a tax on their property as well. Any IP whose tax is unpaid reverts to the public domain, and the pool of IP taxes collected can be used to defray the costs of protecting paid-up intellectual property. Go ahead, shoot holes in this modest proposal!

      Deep-pocketed industry groups like the RIAA would love it, as they can afford the tax but small, independant competitors would struggle to pay the fee and find a profit. Thus publishing creative works would be even more cost-prohibitive than it is already, unless you're loaded.

      Congratulations, you've achieved the exact opposite of what you set out to do!

      --
      An enigma, wrapped in a riddle, shrouded in bacon and cheese
    2. Re:Time for a tax on intellectual property? by AnalogDiehard · · Score: 4, Insightful

      Maybe it's time for IP property holders to pay a tax on their property as well. Any IP whose tax is unpaid reverts to the public domain, and the pool of IP taxes collected can be used to defray the costs of protecting paid-up intellectual property. Go ahead, shoot holes in this modest proposal!

      When the authors of the copyright/patent designed the IP system, the only role they assigned to the state is judicial recognition of valid copyright. In exchange for a temporary monopoly granted by the state, the role of enforcing IP was assigned squarely to the domain of the holder(s). In other words, the copyright holder doesn't get a free ride. Nowhere in copyright law is the state obligated to provide corporate welfare through subsidizing IP enforcement via taxation or any subsidy, and to suggest otherwise would conflict with the "life, liberty, and pursuit of happiness" clause in the US Constitution and the 5th/14th Amendment that government cannot deprive an person of life, liberty, and property without due process of law.

      --
      Eternity: will that be smoking, or non-smoking? I Corinthians 6:9-10
  5. Re:The felony part will change stuff from civil to by olsmeister · · Score: 4, Insightful

    Taking away people's right to vote and own firearms because of streaming? Wow, talk about overreach. This should get laughed right out of Washington. Problem is, there's enough money behind it that it probably won't.

  6. Re:the constitution will make it hard to block an by rickb928 · · Score: 2

    It does seem like prior restraint to me. The last time that was a big issue was when the government was trying to hide bad actions form us, but that was before many of you were concerned with anything beyond your next meal. Without looking it up first, I bet a quick look into 'prior restraint' will help you consider of this is a good thing or not.

    --
    deleting the extra space after periods so i can stay relevant, yeah.
  7. The local artist is obsolete by Layzej · · Score: 4, Insightful

    It's the legal streaming sites that are killing the music industry. Local artists were able to make a living and even thrive 10 years ago during the period of rampant piracy. Streaming seems to do well for the top 100 artists, but is killing the local music scene. One local artist laments "This song has been in the TOP 20 charts (CBC Radio 2 & 3) for 10 weeks, climbed to #3. In 2018 that equals $44.99 in sales."

    This is an artist that was previously able to make a living through digital downloads. The ecosystem was much healthier in the rampant piracy years of the 2000s.

    1. Re:The local artist is obsolete by jwhyche · · Score: 3

      This is it exactly. Services like itunes and spotify, as well as sites like youtube and facebook have leveled the playing field for artists. People are finding music by artists that they would never discover on the radio or at the record store. My son in law has a band, and they are really good. But there is no way that a major label will pick them up. He told me last night they might have a spot on spotify.

      I have a theory that the anti streaming artists saying they are not getting paid enough. I think what is really happening is they are finding out what their music is really worth. An they are not happy about it.

      --
      I read at +2. If your post doesn't reach that level I will not see or respond to it.
  8. Music vs Internet by Zurkeyon3733 · · Score: 3

    The Music Industry has ZERO usefulness to society vs. the internet... tell them to kick rocks.

  9. Re:Abolish copyright by Jason+Levine · · Score: 4, Insightful

    I'd disagree. With copyright, I can publish a book and be assured that someone else (say, a large publisher) won't just grab the text of my book and sell it without giving me any money. I can also be assured that a potential movie produced from my work would earn me money instead of a studio simply taking the work and making a movie without paying me anything.

    The real problem is that the length of copyright protection has been abused horribly. Copyright serves a valuable purpose as a LIMITED monopoly, but large corporations have essentially removed the "limited" portion. (Yes, it's still technically limited in that you can wait for about 95-120 years to use the work, but that's literally a lifetime so it might as well be forever.)

    Copyright should be reverted to the 14 year span plus an additional 14 years if you renew the work. I'd even be willing to compromise with the large companies who would suddenly see a huge amount of their work entering the public domain. Everything produced up to the start of the "Original Copyright Term Length Act" would be assumed to be automatically renewed. Furthermore, we would phase it in for old works. Start with everything produced in the 1920's and 1930's that is still under copyright protection. Then, after 3 years, everything from the 1940's. And so on until everything is either Public Domain or covered under the new law. Yes, it would take 27 years to completely catch up, but it would give businesses time to shift their strategies to accommodate the new (old?) laws of the land.

    --
    My sci-fi novel, Ghost Thief, is now available from Amazon.com.
  10. Re:The felony part will change stuff from civil to by Anonymous Coward · · Score: 2, Informative

    It will *also* open up the door to abuses using the already overworked public defender system, in which everyone who cannot afford a personal law-firm of their own will be told
    "uh yeah the evidence is overwhelming so uh your best bet is to plead guilty, anything else your life is basically over lol"
    as has been rampant across the US.

    It also *further* shifts the burden and costs away from the music industry by having the government - and therefore taxpayers - cover everything; prosecution, defense (in many cases), and the costs of the carceral punishments afterwards. This makes it likely that the music industry is pushing this in conjunction with GEO and/or CoreCivic, backed by quite a few employees/investors of the latter two in the senate.

    Those involved should be dismantled and sold for parts.

  11. Positive for whom? by sjbe · · Score: 2

    "As website blocking has had a positive impact in other countries without significant unintended consequences, the U.S. should reconsider adding this to its anti-piracy tool box," the RIAA and NMPA write.

    Positive impact without unintended consequences FOR THEM I'm sure. Otherwise that statement is the steamiest of wet bullshit.

  12. What I want to see is by oldgraybeard · · Score: 4, Insightful

    the automatic and complete forfeiture of copyrights to the public domain IF a even a single false infringement take down notice is filed on behalf of a copyright holder.

    Just my 2 cents ;)

  13. Re:The felony part will change stuff from civil to by GuB-42 · · Score: 2, Interesting

    I don't know about the US specifically but moving minor crimes to a higher court increases the chances of having it dismissed.
    A judge accustomed to murder cases probably doesn't want to be bothered with kids running torrent sites and will probably do their best to get them dismissed ASAP in order to deal with serious affairs.

    In fact, in France, the strategy is the opposite. Instead of pushing for severe punishment, the music industry wants enforcement to work more like parking tickets: a small fine that is usually payed without even an audience.

  14. Make website owners Responsible. by sycodon · · Score: 2

    Here's one.

    Ditch the double standard regarding websites.

    If a website exercises editorial control over what its users posts, then it is liable for what they post.

    If a website doesn't exercise editorial control over what its users post, then it is not liable.

    As it stands now, a website can exercise editorial control over what's posted, but when called out on copyrighted material, shrug their shoulders and whine that they can't control what's posted.

    Pick one, then enforce the laws.

    --
    When Fascism comes to America, it will call itself Anti-Fascism, and tell you to give up your guns.
    1. Re: Make website owners Responsible. by dcw3 · · Score: 2

      "Sure, no one likes to do work. But if a copyright holder doesnâ(TM)t care enough to try to protect their own rights, why should anyone else care to protect them? "

      That's an asinine position to take. First of all, many copyright holders are individuals, not corporations. Many don't have the time or money to police the internet. Sure, every copyright holder should take reasonable action to protect their copyrights, but your position isn't reasonable.

      --
      Just another day in Paradise
  15. Re:The felony part will change stuff from civil to by kilfarsnar · · Score: 4, Insightful

    Taking away people's right to vote and own firearms because of streaming? Wow, talk about overreach. This should get laughed right out of Washington. Problem is, there's enough money behind it that it probably won't.

    Taking away people's rights after they have served their time for a felony conviction is the overreach. That's some bullshit, right there.

    --
    "What the American public doesn't know is what makes them the American public." -Ray Zalinsky (Tommy Boy)
  16. Tough for an ISP to effectively block sites by fearm0nger · · Score: 2

    There are to many ways to work around a site block that the only people being blocked will be those that wouldn't go there anyway. Piracy was happening long before the internet was even a thing

  17. Re:Free Rider Problem by tsqr · · Score: 2

    Really? You've found a solution to the free rider problem as it applies to creative works?

    Careful there, friend. There are lots of people here who will be happy to inform you that the free rider problem is not a problem at all, but a birthright.

  18. Net Neutrality by NetNed · · Score: 2

    Net neutrality got squashed which would have led to them doing this exact think so now they want to act like this is somehow in the constitution to protect their "content".

  19. Those people need to vote too! by bussdriver · · Score: 2

    We should have PSAs run showing Nazi, pedophiles, etc. saying to the camera "I'm voting!."

    If you are a nation of bad people, then the government should reflect their choice. The government represents it's people... Yes, Trump is America. The darker side of it you don't want to admit exists but that is just hiding from the truth. Dictators are also; just not by direct consent.

    "The limits of tyrants are prescribed by the endurance of those whom they oppress."
    -Frederick Douglas

  20. Opinions != facts by sjbe · · Score: 2

    There are lots of people here who will be happy to inform you that the free rider problem is not a problem at all, but a birthright.

    A lot of people think a lot of very stupid things. Having an opinion doesn't mean it is objectively correct. A lot of people think crystals have magical healing powers. Doesn't mean I should take them seriously without evidence.