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Copyright and Control Freaks


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Offsite Article: US copyright law...


Link Here10th March 2021
The Digital Copyright Act Will Chill Innovation and Harm The Internet

See article from torrentfreak.com

 

 

Cloudburst...

Italy goes after Cloudflare DNS service so as to block pirate internet TV


Link Here18th February 2021
Full story: Internet Censorship in Italy...Censorship affecting bloogers and the press in Italy
Traditionally the authorities look towards ISPs to implement censorship orders via DNS blocking. However there are other DNS providers that perhaps via encrypted DNS that work around ISP block.

Now the Italian courts have decided to order DNS provider Cloudflare to block a couple of pirate internet TV services.

Last year, Sky Italy and the top tier Italian soccer league Serie A took Cloudflare to court, hoping the company would block access to two IPTV services, ENERGY IPTV and IPTV THE BEST. Cloudflare lost both cases. Cloudflare then appealed the injunctions, arguing that it only acts as an intermediary for web content.

The court was not convinced by the arguments. In the ruling, the court said that by facilitating the sites' availability, Cloudflare indeed is involved in copyright infringements.

The court also said that the blocking should be dynamic, meaning if the sites change IP addresses, Cloudflare should still block them.

 

 

Offsite Article: Choreographically challended...


Link Here28th November 2020
Copyright for Choreography: When is Copying a Dance a Copyright Violation?

See article from ipwatchdog.com

 

 

An EU copyright on stupidity...

As with so much EU internet law, the new Copyright Directive was designed by lobbyists, passed by fools, and will prove predictably nonsensical to implement. Germany is now grappling with this impossible predicament


Link Here26th November 2020
Full story: Copyright in the EU...Copyright law for Europe
In view of the implementation deadline in summer 2021, it is becoming increasingly apparent what the transformation of the EU's disgraceful Copyright Directive in Germany could look like. The draft of the Federal Ministry of Justice and Consumer Protection is now available and is - just like the Directive on which it is based - highly controversial, in particular in terms of the possible implementation of upload filters.

The directive requires platforms to censor copyrighted material as a user attempts to upload a post. It requires the platform to scan the post prior to publication and block it should it contain copyrighted material. However the directive also specifies some legally specified exemptions without the need for licensing, e.g. parodies or so-called pastiches, i.e. remixes, memes, GIFs, mashups, fan art, fan fiction, covers or sampling. But can the automated upload filters detect that copyright material in a post is a pastiche or not?

Lexoligy describes a German variation adding some metrics to this legally permitted fair use:

The draft German Act provides for a minor exception clause for non-commercial use in social media. According to this, reproductions for non-commercial purposes of a small scale will be allowed, even if they have not been licensed (e.g. up to 20 seconds of a film or sound track, 1,000 characters of a text or photographs with a data volume of up to 250 kB).

If the public reproduction of a content is not permitted, the service provider is obliged to immediately remove the corresponding content or block access to it upon notification of the rights holder. If the content is permitted the platform must pay the author an appropriate remuneration.

It seems that the envisaged censorship process is for the platform to block the content automatically and then give an opportunity for the user to justify why the content should not be blocked. But this process doesn't sound very viable for an average social media poster. And perhaps the only practical outcome is for all copyright material to be blocked from all user posts with just a few savvy 'influencers' able to work the system.


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