Old 12th April 2012, 21:02   #1
sankt
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MPAA Argues Links & Embeds Are Infringing

It appears that the MPAA has jumped into a legal dispute that hits on a few different points, all of which are interesting, but the really crazy point is the fact that the crux of their argument is that merely embedding or linking (technically, the same thing) to infringing videos is infringement itself.

http://www.techdirt.com/articles/201...fringing.shtml
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Old 13th April 2012, 01:38   #2
Sabine Klare
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I am thinking about, what these news will mean (I have bookmarked this link)...
We Facebook-User have always posted video-links, for example to show our friends our very good music-taste...
I have recently posted my newest YouTube-Favourite as video-link in my profile in Google+, and directly at the beginning in this very long video (5 hours) a remix of one of my 10 own tracks can be heard. The video itself shows 2 DJs (2 of my many friends), and the YouTube-User, who has uploaded this video, belongs to a very good SHOUTcast TV Station...
Embedding YouTube-videos with the own music in the own MySpace-Profiles shouldn't be a problem. But I hope, that a posting of a video-link with music from others in Facebook or Google+ shouldn't be a problem also in the future...
Let us discuss now...
Greetings from Sabine Klare Aka Sternenmaschinebine
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Old 13th April 2012, 06:02   #3
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This case isn't as cut and dried as it looks.

http://www.insidecounsel.com/2012/01...ility-for-dire

Prior cases have drawn distinctions between active and passive conduct by an entity when analyzing direct infringement for the actual posting/hosting of infringing material on the Internet. See Perfect 10, 508 F.3d at n.6. (discussing distinction between an entity that controls the online storage and communication of images from an entity that passively owns/manages an Internet bulletin board

DMCA gives some protection against copyright infringement providing that the sole purpose of your service isn't to enable copyright infringement.

Motive matters. The court here obviously thinks this matter deserves further consideration.

Google is right though. If this case goes for MPAA, it could make a completely hostile environment for webmasters. Having to have courts decide shades of gray in every case isn't practical.

Despite a recent tendency for courts to legislate from the bench and to "bend" laws to "do justice", the best decision here has to be to stay with the letter of the law.

Anything else here creates an impractical internet.

Do I object to closing a site that's main purpose if promoting copyright infringement? No. But the measure of that is too gray. We need a better law. In the absence of that, we need the court to follow the letter of the law.

The courts are liable to get absolutely buried in lawsuits if this goes for MPAA.

Unless Congress can figure out how to draw a better line........

Last edited by rockouthippie; 13th April 2012 at 07:07.
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Old 26th April 2012, 01:04   #4
Sabine Klare
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Today my husband has found 2 links on a pinnwall of a friend in Facebook. I have read these links, and it's very terrible. Why are the postings of video-links in Facebook copyright infringement?
What will happen as next? Will favouritings of music by others be forbidden, too?
And I have really to ask now, if the posting of video-links in the Winamp Forums are also copyright infringements. My husband and I know, that other people on photos are not allowed, if the photos are posted in a forum, although the photos are own shots.
Sorry, that the following texts are in German now and not in English, and that You have to use the Google Translator:
http://www.tagesschau.de/inland/facebook296.html
http://www.pcwelt.de/news/Rechtsstre...d-5707562.html
I am very shocked about that. Everybody has to be very careful, really careful, if he or she doesn't want to lose suddenly 10000 Euro (not everybody has 10000 Euro immediately).
Maybe it's better to retire from the publicity and to give up...
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Old 2nd May 2012, 13:32   #5
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Quote:
Why are the postings of video-links in Facebook copyright infringement?
It isn't. At least not yet.

So far it seems like most of the cases that get real traction involve racketeering.
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Old 2nd May 2012, 18:52   #6
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I don't often say this but I see their point

Jesus loves you [yes, you] so much, he even died for you so that you will not need to die, but live forever
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Old 3rd May 2012, 23:00   #7
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What has prompted them to go after links(/embeds) all of a sudden? Why would they not just go directly to the source where the infringing materials are hosted, go to the source as it were? Would that not be more cost effective?

Is it because:
  1. it's more efficient to go after all the linkers?
  2. they're just wankers that want to get as much money as possible from as many people as possible?
  3. they hate people who may or may not have known the linked material was infringing?
  4. they have no legal standing, jurisdiction, or international agreement to go after the hosting entities in other countries?
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Old 4th May 2012, 03:23   #8
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Quote:
Originally Posted by Warrior of the Light View Post
I don't often say this but I see their point
Yeah... well... I just wish they would gain some focus instead of running around like a chicken with no head.

http://www.techdirt.com/articles/201...s-piracy.shtml
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Old 9th May 2012, 12:22   #9
Sabine Klare
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Hello again...
When I had found the status on my friend's pinnwall, I had the feeling, I would get something in the neck, because it was always a life-task for me to keep all the feeds in all these platforms alive. I love to present myself as an artist and I love to show the others my very good music-taste. But since that day I dare hardly to post video-links in Facebook, because I have got many fears now, although millions of people are posting video-links in Facebook.
I am more using all the auto-postings to Facebook from YouTube, FriendFeed, MySpace, MyVideo, SoundCloud, Mixcloud, ReverbNation, Deezer, Simfy (I myself don't want to use Spotify). All these Facebook-Apps were created for auto-postings, and I myself think, it's ALLOWED to auto-post the plays in the music-platforms to the own pinnwall in Facebook, and these auto-postings can contain links to the original source. That's NOT illegal. And the show must go on.
The justice should go to the original source, where the infringing material are hosted, and they shouldn't run after the millions of Facebook-User, who are only posting the links to the original source on their pinnwalls (or the friend's pinnwalls) and who didn't know, that the linked material was infringing.
As if we don't have enough problems in this world...
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Old 9th May 2012, 15:19   #10
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MPAA has tried to make almost this same case and has failed a couple times.

When you buy Congress (and threaten Congress), people notice.

It makes people think "What an asshole!".

Ordinarily most of us would probably be sympathetic. SOPA itself is evidence of assholiness. It was over the top.... something some asshole would write and certainly something Congress would have to be paid to pass. It follows a bunch of other laws that were obviously bought.

I'm not sure which is more expensive. The pirates or the self inflicted public relation problem caused by trying to interfere with every technological innovation since the tape deck.

Not that it helped them. You'd think after VCR's they would have learned. You'd think this "asked and answered" question before the court would tell them to leave it alone and not waste court time with frivolous lawsuits. You'd think they would have learned faster from their highly unprofitable exploit suing kids.

It makes us think "What a bunch of assholes". The public views them as lawyers of the worst kind, not advocates of the performers they represent.

These guys have really made an art out of being disliked. So disliked they can't even buy Congress. Hell... even the dread oil companies can buy Congress.

For now, the server rule still applies. This case has been asked and answered. You can probably link anything you want providing that indexing copyrighted content isn't your primary business and that you are not paying people (like Megaupload) to make illegal posts.

Basically, if you aren't a crook, you're probably ok.

From a moral standpoint? Aren't you on the wrong side of the fence if you are linking illegal content?

Last edited by rockouthippie; 9th May 2012 at 16:52.
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Old 2nd June 2012, 00:24   #11
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Today we have got an e-mail from somebody, and we have discovered, that the discussions have continued. I have searched, too, and I have saved much more bookmarks in Firefox, but I had to select, because I cannot post all the links here. I think, I have found the most important articles, but they all are in German, sorry:
http://www.welt.de/wirtschaft/webwel...ro-kosten.html
http://www.stereopoly.de/erste-abmah...t-auch-trifft/
http://www.wbs-law.de/internetrecht/...uro-wert-8116/
http://www.berliner-zeitung.de/wirts...,14823344.html
http://www.zdnet.de/magazin/41553198...nwelle-aus.htm
Maybe another search should be done in English with similiar keywords.
I have to think about, what I should do now. I was always friendly to my friends in Facebook, but maybe I have to disable the postings by others on my pinnwall, so that nobody can upload a photo on my pinnwall anymore, which could have illegal content, to keep myself secure...
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