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Government Seizes 9 Domains for Copyright InfringementFollow

#1 Jul 01 2010 at 12:56 PM Rating: Excellent
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"The Twilight Saga: Eclipse" is having an incredible opening.

The film grossed in excess of $30 million from its midnight shows Wednesday – and now holds the new industry record as largest midnight gross ever. This morning came the other side of that coin: "Watch eclipse online for free" ranked as a top-10 online search term.

That battle – box-office dollars versus illicit online downloads – was the subject of a major announcement Wednesday at Walt Disney Studios in Burbank, Calif., near the heart of the industry most hurt by Internet piracy.

"Operation In Our Sites" will be a coordinated effort by US Immigration and Customs Enforcement (ICE) and the National Intellectual Property Rights Coordination Center (NIPRCC) to identify and shut down Web sites that engage in such activities.

In revealing the program, ICE Assistant Secretary John Morton announced the seizure of nine domain names of Web sites that were offering first-run movies, often within hours of their theatrical releases. They include: tvshack.net, movies-links.tv, filespump.com, Now-movies.com, planetmoviez.com, thepiratecity.org, zml.com, ninjavideo.net and ninjathis.net. Visitors to the sites will soon reach a page emblazoned with the logos of the FBI, ICE, and the NIPRCC explaining the seizure, according to officials.

The seizures were the result of the coordinated work of hundreds of undercover agents who downloaded various newly released movies from the sites including recent releases "Iron Man 2" and "Sex and the City 2," Mr. Morton said. The domain seizures came alongside residential search warrants in North Carolina, New Jersey, New York and Washington.

I have zero interest in seeing pirated copies of Eclipse or really any first run movie. If I'm not jazzed up enough to spend $8 to see it in a theater, I'll wait for it to come to Netflix or the local video rental outlet. That said, I personally find the actions here to be a misuse of government resources and potentially an overreach of powers. My thoughts are summed up better in this article. The boiled down version is that the Homeland Security is chasing something that is not a homeland security matter and throwing due process out the window (through its seizures) for something that's primarily a civil matter (copyright infringement).

I dunno... the sites are (I assume) engaged in illegal activities and I'm not worried that next week jack-booted thugs will be storming the Wall Street Journal servers but I still have a hard time justifying it.
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#2 Jul 01 2010 at 1:05 PM Rating: Decent
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I'm trying to come up with a way to imply that you support terrorists by speaking out against the DHS but...yeah this is a bit of idiocy.
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#3 Jul 01 2010 at 1:48 PM Rating: Good
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The lack of due process seems to me to be the most troubling aspect of the whole thing. Here's the law under which the seizures were undertaken:


Quote:
(a) Civil Forfeiture.—
(1) Property subject to forfeiture.— The following property is subject to forfeiture to the United States Government:
(A) Any article, the making or trafficking of which is, prohibited under section 506 of title 17, or section 2318, 2319, 2319A, 2319B, or 2320, or chapter 90section 2318, 2319, 2319A, 2319B, or 2320, or chapter 90, of this title.
(B) Any property used, or intended to be used, in any manner or part to commit or facilitate the commission of an offense referred to in subparagraph (A).
(C) Any property constituting or derived from any proceeds obtained directly or indirectly as a result of the commission of an offense referred to in subparagraph (A).
(2) Procedures.— The provisions of chapter 46 relating to civil forfeitures shall extend to any seizure or civil forfeiture under this section. For seizures made under this section, the court shall enter an appropriate protective order with respect to discovery and use of any records or information that has been seized. The protective order shall provide for appropriate procedures to ensure that confidential, private, proprietary, or privileged information contained in such records is not improperly disclosed or used. At the conclusion of the forfeiture proceedings, unless otherwise requested by an agency of the United States, the court shall order that any property forfeited under paragraph (1) be destroyed, or otherwise disposed of according to law.


(The sections referenced in part A are a broad range of protected copyrights)

I'm not well-versed in legalese, but it seems like a pretty overarching rule...in cases of copyright infringement, said assets can be seized by the government. It seems to prevent against improper disclosure of personal information, but I don't see anything about process, an opportunity to defend oneself, appeals, or anything of that nature.

Source



Edited, Jul 1st 2010 3:51pm by Eske

Edited, Jul 1st 2010 3:53pm by Eske
#4 Jul 01 2010 at 2:00 PM Rating: Good
Eske wrote:
I'm not well-versed in legalese, but it seems like a pretty overarching rule...in cases of copyright infringement, said assets can be seized by the government.


http://www.google.com/#hl=en&source=hp&q=civil+forfeiture+and+due+process&aq=f&aqi=&aql=&oq=&gs_rfai=Cjoz02PIsTPHCFaCYNOXTzbsIAAAAqgQFT9B775c&fp=355c0c6008861bf6

This has been an issue for a long time. Back when it was just drug dealers and petty criminals, nobody seemed to care. The fact that this overreaching power has bled into the realm of digital entertainment might just be enough to increase public awareness to the point of actually getting something done to fix it.
#5 Jul 01 2010 at 2:03 PM Rating: Good
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BrownDuck wrote:
Eske wrote:
I'm not well-versed in legalese, but it seems like a pretty overarching rule...in cases of copyright infringement, said assets can be seized by the government.


http://www.google.com/#hl=en&source=hp&q=civil+forfeiture+and+due+process&aq=f&aqi=&aql=&oq=&gs_rfai=Cjoz02PIsTPHCFaCYNOXTzbsIAAAAqgQFT9B775c&fp=355c0c6008861bf6

This has been an issue for a long time. Back when it was just drug dealers and petty criminals, nobody seemed to care. The fact that this overreaching power has bled into the realm of digital entertainment might just be enough to increase public awareness to the point of actually getting something done to fix it.


It definitely got my attention, I'll say.
#6 Jul 01 2010 at 2:39 PM Rating: Excellent
Yeah, I'm still WTFing over this myself. The government doesn't exist to do the bidding of corporate America.

Now, if these groups were actually fronts for kiddie **** operations, then yeah, I wouldn't be upset. As it is, I can't help but think, "Don't you guys have anything better to do?"
#7 Jul 01 2010 at 2:45 PM Rating: Excellent
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catwho wrote:
Now, if these groups were actually fronts for kiddie **** operations, then yeah, I wouldn't be upset.


Well, yeah, because that's when it moves from being a civil matter (corporate litigation) to a criminal activity.

While I'm not going to lose any sleep over it, I can't say I'm too happy about a government agency moving in this direction when there are more pressing illegal activities being committed.
#8 Jul 01 2010 at 5:02 PM Rating: Good
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I can't say I'm too happy about a government agency moving in this direction when there are more pressing illegal activities being committed.
Such as the claimed value of damages for these being available probably being greater than the entire world's GDP? :-)
#9 Jul 01 2010 at 10:04 PM Rating: Good
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Ninjavideo and tvshack were garbage anyway. All the videos are hosted on sites like megavideo, veoh, dailymotion and numerous video sites in countries like China. You can try to shut down the sites but when you have hundreds of the same video being uploaded to these sites and being linked from hundreds of other sites, nine domains isn't going to change much of anything.
#10 Jul 01 2010 at 10:22 PM Rating: Good
Moviefather.com lives!
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#11 Jul 02 2010 at 12:19 AM Rating: Excellent
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Copyright law is incredably screwed up across the board. I see the same kind of abuses in the software compliance industry. Probable cause? "some anonymous person you may or may not have fired says they think you have illegal software here, and we're giving them $10,000 plus a percentage of anything we decide is illegal". Ok, so I have my reciepts right here that says I bought it, and I only installed as many as i bought, is that good enough? "Nope, you need valid proof of ownership". well what' that? "Whatever the **** we say it is, in this case it was the little flappy thing inside the seam of the boxes you threw out 4 years ago. Ooohhhh, sorry about that, thanks for playing, better luck next time, now please immidiatly pay us the current retail cost of the software according to us, plus fines of $25,000 per software and a personal fine of $250,000 just because we think you are a jerk".

So yeah, all this copyright **** needs to be overhauled so it doesn't wind up destroying everything
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#12 Jul 02 2010 at 12:34 AM Rating: Good
Seven years at no charge, option to renew for another seven for 5% of the revenues from the prior seven-year term, and each subsequent renewal costs an additional 5% (so 10% for the 2nd, 15% for the 3rd, &c.), or 5% of revenues since the property was copyrighted, owner's choice.

It's still possible (though not anywhere near as profitable) to maintain a copyright for as long as you can under the current system; things are more likely to work out somewhat more normally, though.

(Handling DRM could be rolled into this. Your option there becomes "either you pay triple for your renewals, or you hand over an unlocking mechanism to the Copyright Office which is used when your term runs out and your term is automatically terminated upon an extended failure to support the licenses".)

Edited, Jul 1st 2010 11:35pm by MDenham
#13 Jul 02 2010 at 12:53 AM Rating: Decent
Ninja pretty much has little if anything to watch these days.
#14 Jul 02 2010 at 1:06 AM Rating: Good
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Dread Lörd Kaolian wrote:
Copyright law is incredably screwed up across the board. I see the same kind of abuses in the software compliance industry. Probable cause? "some anonymous person you may or may not have fired says they think you have illegal software here, and we're giving them $10,000 plus a percentage of anything we decide is illegal". Ok, so I have my reciepts right here that says I bought it, and I only installed as many as i bought, is that good enough? "Nope, you need valid proof of ownership". well what' that? "Whatever the @#%^ we say it is, in this case it was the little flappy thing inside the seam of the boxes you threw out 4 years ago. Ooohhhh, sorry about that, thanks for playing, better luck next time, now please immidiatly pay us the current retail cost of the software according to us, plus fines of $25,000 per software and a personal fine of $250,000 just because we think you are a jerk".


Speaking from personal experience?

Edited, Jul 2nd 2010 3:07am by Eske
#15 Jul 02 2010 at 2:40 AM Rating: Good
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Eske wrote:
Dread Lörd Kaolian wrote:
Copyright law is incredably screwed up across the board. I see the same kind of abuses in the software compliance industry. Probable cause? "some anonymous person you may or may not have fired says they think you have illegal software here, and we're giving them $10,000 plus a percentage of anything we decide is illegal". Ok, so I have my reciepts right here that says I bought it, and I only installed as many as i bought, is that good enough? "Nope, you need valid proof of ownership". well what' that? "Whatever the @#%^ we say it is, in this case it was the little flappy thing inside the seam of the boxes you threw out 4 years ago. Ooohhhh, sorry about that, thanks for playing, better luck next time, now please immidiatly pay us the current retail cost of the software according to us, plus fines of $25,000 per software and a personal fine of $250,000 just because we think you are a jerk".


Speaking from personal experience?

Probably speaking from the personal experience of having to enforce it.
#16 Jul 02 2010 at 8:07 AM Rating: Good
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If you ever pay those copyright fines, you are even more of a chump.
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#17 Jul 02 2010 at 2:49 PM Rating: Good
Dread Lörd Kaolian wrote:
Copyright law is incredably screwed up across the board. I see the same kind of abuses in the software compliance industry. Probable cause? "some anonymous person you may or may not have fired says they think you have illegal software here, and we're giving them $10,000 plus a percentage of anything we decide is illegal". Ok, so I have my reciepts right here that says I bought it, and I only installed as many as i bought, is that good enough? "Nope, you need valid proof of ownership". well what' that? "Whatever the @#%^ we say it is, in this case it was the little flappy thing inside the seam of the boxes you threw out 4 years ago. Ooohhhh, sorry about that, thanks for playing, better luck next time, now please immidiatly pay us the current retail cost of the software according to us, plus fines of $25,000 per software and a personal fine of $250,000 just because we think you are a jerk".

So yeah, all this copyright sh*t needs to be overhauled so it doesn't wind up destroying everything
I used to hear radio spots encouraging people to dime on their employers, promising money and everything.
#18 Jul 03 2010 at 12:13 AM Rating: Excellent
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Aripyanfar wrote:
Eske wrote:
Dread Lörd Kaolian wrote:
Copyright law is incredably screwed up across the board. I see the same kind of abuses in the software compliance industry. Probable cause? "some anonymous person you may or may not have fired says they think you have illegal software here, and we're giving them $10,000 plus a percentage of anything we decide is illegal". Ok, so I have my reciepts right here that says I bought it, and I only installed as many as i bought, is that good enough? "Nope, you need valid proof of ownership". well what' that? "Whatever the @#%^ we say it is, in this case it was the little flappy thing inside the seam of the boxes you threw out 4 years ago. Ooohhhh, sorry about that, thanks for playing, better luck next time, now please immidiatly pay us the current retail cost of the software according to us, plus fines of $25,000 per software and a personal fine of $250,000 just because we think you are a jerk".


Speaking from personal experience?

Probably speaking from the personal experience of having to enforce it.


At my other job, I work for an IT department for a state government entity. For my past sins, amongst other duties I am for lack of a better candidate, "THE" software licensing expert in the agency. We just got hit by our first major software audit. Luckily, our records were pretty good, 8,000 computers and associated software, and in the end we only ended up paying statewide about $12k (edit: that was due to a small group of trainers who had been inadvertantly given keys to a $1,000 software suite and had admin rights to install it... they don't anymore), which was down from the million and change they were saying we actually owed. We were actually able to show major errors in the companies own audit methodology they were using to try and charge us, due to some very similar file names between certain of their free and paid products, etc, that they had apperently been charging other entities for free software prior to us. Long story short, I personally saved my particualr area of the government about 1 million dollars, got a certificate and a special coin for it, and a bit of a promotion out of it. Was about the most screwed up 3 months of my life, 16 hour days there and then working here, not a whole lot of sleep heh, but we were able to coordinate and make it work. But even with the amount of records we have, our system frankly sucks and needs to be scrapped because our installation detection software doesn't talk to our resources available software, for stupid reasons. So instead of a nice quick resolution, I got to do it manually for the whole state agency.

It is a really nice coin though!

Edit edit: Certain large software vendors have a nice little clause in their end user license agreements that states they may audit your organization at all sites worldwide at any time for license compliance, at your expense. Simply by installing the software, you (being the generic, anyone who has installation rights you) enter into a legally binding contract that allows them to act upon that clause. It really, really sucks when they do so.



Edited, Jul 2nd 2010 11:23pm by Kaolian
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#19 Jul 03 2010 at 6:40 AM Rating: Decent
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Dread Lörd Kaolian wrote:
It is a really nice coin though!
Picturessssssssss!
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#20 Jul 03 2010 at 8:07 PM Rating: Excellent
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bsphil wrote:
Dread Lörd Kaolian wrote:
It is a really nice coin though!
Picturessssssssss!


I would, but it kinda has the logo of the particular state agency I work for on it. I'm sure someone could easily figure out which one it is if they looked, but I do try and keep that seperate from here a bit.
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#21 Jul 03 2010 at 8:55 PM Rating: Good
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We would have no idea what agency your commemorative coin would be from.
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#22 Jul 03 2010 at 9:20 PM Rating: Good
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Timelordwho wrote:
We would have no idea what agency your commemorative coin would be from.


I wonder if they put his face on it.
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#23 Jul 03 2010 at 10:59 PM Rating: Excellent
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actually it has the face of one of our officials who happens to be in charge of said agency on one side.
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#24 Jul 04 2010 at 12:17 AM Rating: Excellent
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Dread Lörd Kaolian wrote:
actually it has the face of one of our officials who happens to be in charge of said agency on one side.


Since when did Chuck E. Cheese become a government agency?
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#25 Jul 04 2010 at 1:06 AM Rating: Excellent
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since we merged with the state liquer board.

Seriously, you know how many actuators one of those anamatronic rats has inside? it's not even funny.
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#26 Jul 06 2010 at 7:05 AM Rating: Good
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