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: YouTube
Apple, in an effort to move some of the negative publicity away from their iPhone 4 “antennagate” onto other phone makers, has released a video testing the new Motorola Droid X, which appears to have the same issues when held in the “death grip.”
Posting the video on YouTube and their own site, Apple shows off the Droid X being held in two different grips, with the cell signal bars magnified in the corner.
When barely held, the phone has two bars. When held in the “death grip,” the bars slowly but surely fall to zero.
While Apple may insist that every other smartphone has the same issues as their iPhone 4, has anyone heard complaints from a real user?
Result for: YouTube
Apple, in an effort to move some of the negative publicity away from their iPhone 4 “antennagate” onto other phone makers, has released a video testing the new Motorola Droid X, which appears to have the same issues when held in the “death grip.”
Posting the video on YouTube and their own site, Apple shows off the Droid X being held in two different grips, with the cell signal bars magnified in the corner.
When barely held, the phone has two bars. When held in the “death grip,” the bars slowly but surely fall to zero.
While Apple may insist that every other smartphone has the same issues as their iPhone 4, has anyone heard complaints from a real user?
