----- Forwarded message from Dave Farber <[email protected]> -----

Date: Mon, 23 Aug 2010 20:38:19 -0400
From: Dave Farber <[email protected]>
Subject: [IP] Today's WTF moment....RIAA: U.S. copyright law 'isn't working'
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Begin forwarded message:

> From: Richard Forno <[email protected]>
> Date: August 23, 2010 7:21:44 PM EDT
> To: List Infowarrior <[email protected]>
> Cc: Farber Dave <[email protected]>
> Subject: Today's WTF moment....RIAA: U.S. copyright law 'isn't working'
> 

> 
> If you look up "chutzpah" in the dictonary, you'll find the RIAA.   You can't 
> make this stuff up!!!
> 
> August 23, 2010 2:48 PM PDT
> RIAA: U.S. copyright law 'isn't working'
> 
> by Declan McCullagh
> 
> http://news.cnet.com/8301-13578_3-20014468-38.html
> 
> ASPEN, Colo.--The Recording Industry Association of America said on Monday 
> that current U.S. copyright law is so broken that it "isn't working" for 
> content creators any longer.
> 
> RIAA President Cary Sherman said the 1998 Digital Millennium Copyright Act 
> contains loopholes that allow broadband providers and Web companies to turn a 
> blind eye to customers' unlawful activities without suffering any legal 
> consequences.
> 
> "The DMCA isn't working for content people at all," he said at the Technology 
> Policy Institute's Aspen Forum here. "You cannot monitor all the 
> infringements on the Internet. It's simply not possible. We don't have the 
> ability to search all the places infringing content appears, such as 
> cyberlockers like [file-hosting firm] RapidShare."
> 
> The complex--and controversial--1998 law grew out of years of negotiations 
> with broadband providers, Internet companies, and content industries. One key 
> section says companies are generally not liable for hosting 
> copyright-infringing materials posted by their companies, as long as they 
> follow certain removal procedures, once contacted by the owner.
> 
> In response to a question from CNET, Sherman said it may be necessary for the 
> U.S. Congress to enact a new law targeting intermediaries such as broadband 
> providers, Web hosts, payment processors, and search engines.
> 
> The RIAA would strongly prefer informal agreements inked with intermediaries, 
> Sherman said: "We're working on [discussions with broadband providers], and 
> we'd like to extend that kind of relationship--not just to ISPs, but [also 
> to] search engines, payment processors, advertisers."
> 
> But, Sherman said, "if legislation is an appropriate way to facilitate that 
> kind of cooperation, fine."
> 
> Lance Kavanaugh, product counsel for YouTube, disagreed that copyright law is 
> broken. "It's our view that the DMCA is functioning exactly the way Congress 
> intended it to," he said.
> 
> The United States leads the world in the creation of innovative new Web 
> ideas, Kavanaugh said, in part as a result of the compromises made when 
> drafting that law: "There's legal plumbing to allow that to happen, to allow 
> those small companies to innovate without [the] crushing fear of lawsuits, as 
> long as they follow certain rules. Congress was prescient. They struck the 
> right balance."
> 
> Last week, the RIAA and a dozen other music industry groups called on Google 
> and Verizon to crack down on piracy, saying in a letter that "the current 
> legal and regulatory regime is not working for America's creators."
> 
> Sherman acknowledged on Monday that YouTube is now doing a fine job of 
> filtering and removing copyright-infringing videos. But, he said, Google 
> "could stop filtering tomorrow and have no liability," as long as its YouTube 
> subsidiary replied promptly to notifications.
> 
> And, he suggested, it could do far more: "If you enter in 'Beyonce MP3,' 
> chances are, the first thing you'll see is illegal sites."
> 
> Disclosure: McCullagh is married to a Google employee not involved with this 
> topic.



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