According to RIAA President Cary Sherman, the DMCA doesn’t work for the content industry because it doesn’t make service providers responsible for policing copyright infringement.
In statements made as part of a panel discussion at an event hosted by the Technology Policy Institute, Sherman said, “the DMCA isn’t working for content people at all.”
He went on to explain, “You basically cannot monitor all the infringements on the internet,” later adding, “everybody has to do something about piracy.”
This line of reasoning is nothing new for the RIAA, but it remains as flawed as ever. It requires that you accept a number of assumptions which simply don’t hold up to any real scrutiny.
The most obvious is that there’s any way to stop piracy. It’s easy to say somebody has to do it, but there’s no evidence anyone actually can.
According to the Sherman the solution is for everyone from ISPs on up to do get involved. But this creates some significant legal problems.
How does an ISP monitor the content of on their network without violating federal wiretapping law?
And that’s without considering that figuring out whether fair use is involved requires human intervention, which would automatically disqualify the provider from DMCA safe harbor protection.
So if ISPs can’t find infringement what about services like RapidShare? Sure they could use a filtering system like YouTube has implemented, but what’s to stop people from switching to a new service with no such arrangement in place?
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Result for: rapidshare
The BPI, Britain’s largest recording industry association, has sent a cease-and-desist letter to Google demanding the popular search engine take down links that lead to “one-click hosting” sites such as MegaUpload.
The complaint says there are at least 38 links “available via Google’s search engine, and [requests these] links be removed as soon a possible as they directly link to sound recordings owned by [BPI] members.”
A few of the songs mentioned as being readily available for unauthorized download via Google are K’Naan’s “Wavin’ Flag,” Michael Bublé’s “Haven’t Met You Yet” and Eminem’s “Not Afraid.” While Google does not host any of the infringing sites or songs, searches lead users to MegaUpload, SendSpace, Rapidshare and others.
The BPI, in an example, typed “k’naan wavin’ flag download” into Google and the first couple of pages of results showed off free download sites.
Google has often said they are not liable as they only index sites and list them, while not hosting any files.
Result for: rapidshare
The Recording Industry Association of America (RIAA) has announced, jointly with the Congressional members of the International Anti-Piracy Caucus (IAPC) the first ever Notorious Illegal Sites list, calling out the six most “notorious” sites used for unauthorized downloads of music, movies and other copyrighted works.
Additionally, the groups named Russia, Mexico, China, Canada and Spain as the “Top Priority Countries” for lax anti-piracy efforts.
The sites to make the list are: China’s Baidu, Canada’s IsoHunt, Ukraine’s mp3fiesta, Germany’s RapidShare, Luxembourg’s RMX4U.com and Sweden’s The Pirate Bay.
The groups say these sites and their services provide little other uses than an exchange of unauthorized copyrighted works.
“The release of this report casts a damning spotlight once again on several nations with lax copyright protections and websites that brazenly traffic in copyright theft. I’m particularly struck by the IAPC decision to identify significant global websites that facilitate massive theft; theft that destroys jobs and cuts short the dreams of creators who find it more difficult to attract the capital they need to build their careers. Just last week, five years after the 9-0 Supreme Court landmark decision against Grokster, we saw a federal judge rule against the most significant theft machine in this country – LimeWire. While it took some time for the judicial process to work, we did see that in a nation of laws, those who set up elegant schemes to profit from theft will be stopped. There is basic accountability, although much work needs to be done to achieve a fully accountable Internet space,” says Mitch Bainwol, Chairman and CEO, RIAA.
