re: "Multimillion Dollar Shakedown"

I recently read this pretty scathing article about how Google (and other companies) hide behind the Safe Harbor Provision of the DMCA and the resulting effects on artists (here).

There are more than 60 trillion addresses on the web. Google is a huge company and it is likely very difficult to monitor every single advertising account that it has. In addition, Google recently released a document stating how it plans to fight against piracy.



 

In fact, I've already noticed that many searches to pirate sites have been taken down in compliance with the DMCA.

While the author of the Multimillion Dollar Shakedown points out that Google profits from the piracy sites even when the site is removed, Google does not charge copyright owners for removing the infringing material, and Google has, on average, improved the removal process and typically processes the notices in less than six hours.

What we should keep in mind is that Google is mostly a directory, that points people to what they want to find and they are good at it. With more than 60 trillion websites (and counting!) it is a daunting task to enforce these copyrights.

Perhaps artists and copyright owners should consider developing software to combat these copyright pirates, rather than blaming Google for being good at what they do.

Just my opinion and some food for your thoughts.

BitTorrent 2.0

via @Gizmodo.

Have you seen these signs around town?

 

If so, you probably live in either New York, San Francisco, or Los Angeles. These seemingly depressing billboards are a marketing tool for BitTorrent who recently made corrections.

Contrary to public belief, Torrenting is just a way to send data, which is not illegal. In fact, BitTorrent has been hard at work, working to prove that BitTorrent is not illegal and does not automatically mean piracy, by creating BitTorrent Bundles, which is a "media store by the people, for the people" where you can direct access to content from artists. 

The signs are a great marketing tool, especially since having these signs out in public may help people understand that BitTorrent is not illegal. 

* Images from here. 

The Brits Are Coming! (To Crack Down on Piracy!)

via @MPAA.

Britain's House of Commons (HoC), the Culture, Media, and Sport Committeee, released a report titled "Supporting the Creative Economy" urging the government to protect and enforce intellectual property rights. In this report, HoC argues that stronger enforcement of copyrights will help the creative economy grow.

There are several key points that stand out to me:

(1) In this report to protect Copyright, HoC strongly criticizes Google and other technology companies for their lack of response to prevent its search engine from directing users to copyright-infringing websites. In addition, HoC recommends that the maximum penalty for serious online copyright theft be extended to ten years' imprisonment.

(2) In order to discourage piracy, HoC recommends the Government to implement an Online Copyright Infringement Code that will be implemented faster than the Government plans to do so. This can be achieved by targeting information letters to the worst infringers to set an example.

Are these consequences too serious? While it is understandable that HoC would become frustrated with the amount of piracy that goes on, coupled with the lagging economy, the consequences appear more serious than deserved. A factor that is extremely worrying is the fact that there is no definition for "the worst infringers" and this could essentially encompass large-scale infringers to a user that simply downloads lots of movies, thereby also infringing.

While the idea set forth by the HoC sounds promising, it would be better for the HoC to define their terms, in addition to lowering the punishment. Understandably the strict punishment is used to deter users, but in the light of all things considered, ten years is probably too long a sentence for copyright infringement for just an average user.

Copyright Pirates

In United States v. Chow Lieh Liu,

The court held that in order to criminally charge an individual for criminal copyright infringement and trafficking in counterfeit labels, the defendant's guilt must be determined based on whether he acted "willfully" and "knowingly," meaning the defendant had to know the labels were counterfeit.

In the above named case, Liu was the CEO of Super DVD, a DVD-manufacturing company with replication machines. However Super DVD began struggling and lost the replication machines.

Customs Enforcement agents raided the warehouse of Vertex International trading, a software reseller and discovered purchase order documentation from vendors including Super DVD.

Liu admitted that Super DVD manufactured Crouching Tiger but Liu realized that R&E did not have the actual rights so Super DVD pursued legal action.

Liu denied any involvement of replicating other works and that some Latin music was believed to be his uncles'.

Based on the above facts, the court held that Liu did not knowingly replicate counterfeit DVDs and was not criminally liable for copyright infringement.

This case gives me hope for courts because under Liu, innocent Defendants are protected. While this makes a harder case for the prosecution, the prosecution has the burden of proof.

Belated Tube-y Thursday Video: Motorcycle Gang vs. Range Rover

I know this video is NOT technology related, but have you guys seen this crazy video where a Range Rover is getting chased by a Biker Gang?

As of today, 4 bikers have been arrested and there may have been an undercover police officer that did not report the confrontation, and a local man is being hailed as a hero by stepping in between the bikers and the driver of the Range Rover.

Read the story here. 

CONGRATS to the LOS ANGELES DODGERS

A BIG CONGRATULATIONS to the Los Angeles Dodgers who beat the Atlanta Braves 3-1 and are heading to the National League Series which begins this Friday, October 11.

See Uribe's game saver here and the last inning here.

Take-Two files for Trademarks for Codex, Carnate, and Double Take.

via @GameSpot

Take-Two, is a publisher, developer, and distributor of video games. Take-Two owns Rockstar Games, which is the creator of the wildly popular game, Grand Theft Auto, and 2K Games, which is the creator of the 2K Sports titles and numerous other video games such as Borderlands and Bioshock.

The trademarks for Codex, Carnate, and Double Take were filed September 30th and each trademark had applications for downloadable electronic publications and software, physical publications, and entertainment and educational services.

According to the trademark application, electronic publications includes graphic novels, comic books, short stories, books, magazines and periodicals. Downloadable software will be available for accessing, reading, and cataloging electronic publications and gathering data, details, and comments relating to an individual user's collection of electronic publications.

Physical publications will include graphic novels, comic books, posters, trading cards, artwork, short stories, magazines, periodicals, books, and photographs.

Entertainment and educational services will include providing an interactive website featuring news and information about authors, publications, and the publishing industry; on-line journals, blogs featuring news and information about authors, publications, and the publishing industry; publication of graphic novels, comic books, short stories, books, magazines and periodicals; publication of electronic, non-downloadable graphic novels, comic books, short stories, books, magazines and periodicals

Codex's trademark applications can be found here: downloadable electronic publications and software, physical publications, and entertainment and educational services.



Carnate's trademark applications can be found here: downloadable electronic publications and software, physical publications, and entertainment and educational services.



Double Take's trademark applications can be found here: downloadable electronic publications and software, physical publications, and entertainment and educational services.



Wonder what Take-Two is up to. Only time will tell, I guess!