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August 26 2012

surveyork
13:36

TPP article 16.3 mandates a system of ISP liability that goes beyond the US Digital Millennium Copyright Act (DMCA) standards and US case law. In sum, the TPP pushes a framework beyond ACTA[1] and possibly the spirit of the DMCA, since it opens the doors for:

  • Three-strikes policies and laws that require Internet intermediaries to terminate their users’ Internet access on repeat allegations of copyright infringement
  • Requirements for Internet intermediaries to filter all Internet communications for potentially copyright-infringing material
  • ISP obligations to block access to websites that allegedly infringe or facilitate copyright infringement
  • Efforts to force intermediaries to disclose the identities of their customers to IP rightsholders on an allegation of copyright infringement.
surveyork
13:34
The Trans-Pacific Partnership is the son of ACTA, a secretive copyright and trade treaty being negotiated by the Pacific Rim nations, including the USA and Canada. As with ACTA, the secretive negotiation process means that the treaty's provisions represent an extremist corporate agenda where due process, privacy and free expression are tossed out the window in favor of streamlined copyright enforcement. If this passes, America will have a trade obligation to implement all the worst stuff in SOPA, and then some.

August 18 2012

surveyork
09:18

FACT, not public officials in the UK, was the driving force behind Vickerman's prosecution. Indeed, FACT effectively took on the role of a private law enforcement agency. Private investigators hired by FACT first identified Vickerman as the administrator of STC and built the case against him. His assets were frozen at FACT's request by a government agency—which was itself funded by FACT. And when the UK's public prosecutors decided not to press charges against Vickerman at all, FACT initiated a criminal prosecution on its own dime.

This is a new development for anti-piracy efforts. Organizations like the MPAA, RIAA, IFPA, and FACT have long lobbied law enforcement officials to prosecute "rogue sites" and have provided them with information and logistical support to do so. But public prosecutors generally have the final say on who will be indicted. In the Vickerman case, the public prosecutors concluded that there wasn't enough evidence to merit prosecution. FACT disagreed and invoked what one lawyer told us is an "archaic right" for a private organization to bring criminal prosecutions against other private parties.

August 11 2012

surveyork
18:09

August 10 2012

surveyork
08:02
Play fullscreen
Kim Dotcom raid video revealed. Police officers admit operation was "over the top", no risk of destruction of evidenc.

August 07 2012

surveyork
04:47
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