Category: Piracy

BOGUS fair use claims hurt creators already victimized by piracy

YouTube users claim Fair Use as a defense for uploading full copies of pirated movies

There was a lot of talk about fair use and takedown abuse at last week’s the U.S. Copyright Office’s Section 512 roundtables in San Francisco.  Many of those who spoke, bemoaned how poor, innocent uploaders were victimized, time after time, by malicious DMCA takedowns.

It’s a tried and true talking point, convenient, but disingenuous all the same.  Some of us, myself included, tried to make the point that creators, whose work is routinely (and massively stolen),  are often (doubly) victimized by malicious fair use claims.  

I thought I’d share an example of this that occurred just this week on YouTube.  On Tuesday a full-copy of the Swedish indie film “Kyss Mig” (all 147 minutes of it) was uploaded to YouTube by a user aptly named “Free Movies.”  As an added flourish, the user-name included the notation, “free movies bitches.”

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More Google DMCA misdirection…refusing takedown requests for Blogger sites with custom domains

Hop aboard for another spin on Google’s DMCA Merry-Go-Round

It’s not news that Google-hosted Blogger websites are a favorite storefront for online pirates.  It’s also not news that Google does its best to obstruct DMCA takedowns by setting up various roadblocks along the way.  Today I discovered yet another example of just how difficult Google makes the DMCA process–this time with Blogger-hosted sites that use custom domain names.

When you create a blog using Blogger you’re given a domain that ends in blogspot.com. However users are free to use a custom domain name instead.  That’s all well and good, unless the website distributes pirated content.  In that case, if you’re a creator trying to get your pirated content removed (by Google), you’re likely to run into problems.

Usually, when one of these pirate entrepreneurs creates a site on blogspot.com a rightsholder can send a DMCA by using Google’s annoying web form (or annoy them by sending an email: dmca-agent@google.com).  However, if you use the same DMCA form to report a blogger-hosted site with a custom domain, Google won’t remove it.  They’ll just send you back to the beginning.

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A flawed study on the DMCA – Peeling back the layers of the onion

Berkeley Law’s dubious study on copyright notice and takedown faces more scrutiny

Last month–a day before deadline for public comments on the U.S. Copyright Office’s study on the impact and effectiveness of the safe harbor provisions of the Digital Millennium Copyright Act (“DMCA”), section 512–UC-Berkeley School of Law and the American Assembly (via the Google-funded Takedown Project) released a study purporting to give a “broad picture of how section 512 notice and takedown works on the ground.”

A day after its release I wrote quick post highlighting some initial concerns with the study, but hadn’t had time to fully digest the entire 160 page report.  Now, nearly a month later, others have taken the time to more carefully look at the study and uncover its (many) dubious findings.  Kevin Madigan & Devlin Hartline  scholars at the Center for the Protection of Intellectual Property (CPIP) have published a detailed response to study, “Separating Fact from Fiction in the Notice and Takedown Debate,” and note:

The study reads more like propaganda than robust empiricism. It should be taken for what it is: A policy piece masquerading as an independent study.

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Box Office Profits NOT Proof Piracy Doesn’t Hurt

Piracy erodes audience options-forces studios to make fewer films

The movie industry makes record profits so piracy doesn’t matter after all.…that’s the gist of many headlines following MPAA Chief Chris Dodd’s recent speech at Cinemacon’s Las Vegas convention last week where he said, “the state of our industry has never been stronger.”  We’ve seen this phenomenon before.  Positive news about record global box office revenue is twisted into justification for the pro-piracy mantra that piracy doesn’t hurt filmmakers.

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Google’s “safe browsing” initiative is more bark than bite

Despite headlines, it’s still business as usual for Google — Piracy sites full of malware and deceptive ads top Google search

Last fall Google introduced a series of steps to strengthen its Safe Browsing initiative announcing it would include protection against, “social engineering attacks – deceptive tactics that try to trick you into doing something dangerous, like installing unwanted software or revealing your personal information (for example, passwords, phone numbers, or credit cards).
Sounds like a positive step against online piracy since malware and deceptive advertising is online piracy’s bread and butter right? WRONG…

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