Rep. Howard Berman, D-Calif has called for a bill that would create a "safe harbor" for rights-holders who want to attack P2P networks to "protect" their works. A safe harbor is a checklist of qualifications that will guarantee you immunity from prosecution. An ISP that does x, y and z can't be prosecuted for secondary infringement under the DMCA's safe harbor.
Berman is asking Congress for a safe harbor for RIAA and MPAA attacks on P2P systems. At first, this actually seemed slightly reasonable to me. Berman says that his bill won't allow rights-holders to damage individual or ISP computers, and he says the kind of thing they're planning is flooding the network with bad rips, spoofy meta-data (mislabelling tracks) and so on. Hey, that's already a problem in the wild in P2P networks, so what's the big deal, right?
There's something fishy here. Bad meta-data and bad rips are not criminal acts. There's no need for a safe harbor to protect the labels if they want to put up Gnutella hosts with 20,000,000 bad tracks (there're already Christian groups that put up inspirational/chiding images with names that suggest that the files contain porn, and so put their material directly into sinners' hands).
Why does Big Content need a safe harbor for something that's not a criminal act? Safe harbors only exist to protect people who are engaged in an activity that would otherwise be illegal. When Hollywood seeks a safe harbor for its attacks on the Internet, you know that what it's really asking for are Letters of Marque -- a license to engage in criminal vigilantism.
So either Berman's blowing smoke or he's not telling the whole story. You don't need a safe harbor to protect yourself from bad metadata. Watch out for the text of the bill when it gets introduced -- 90 percent of its social harm is lurking below the surface.
Enjoy Michael Mullany’s review of the Gartner Hype Cycle, with all the things tech predictors got right and all the things they got wrong: “we’re terrible at making predictions.” Lesson 6: Some technologies keep receding into the future There are some notable technologies that recur on the Hype Cycle and every time they appear they […]
Why we secretly love our cords. Tamara Warren: There’s a certain security in the cord. It’s the idea of connection, perhaps even dating back to our days in the womb. … A battery, no matter how sophisticated, is fleeting. When we have our cords with us, we are in constant pursuit of power, even when […]
The classic beatbox – not an expensive clone or a collection of cleverly-tweaked samples – is back. Roland’s TR-08 directly models the original machine’s analog circuits to recreate its sound as accurately as possible with modern digital technology, and joins revived versions of the TR-909[Amazon] and TB-202[Amazon] in the company’s lineup of boutique boxes. The […]
The Pry.Me Bottle Opener holds tens of thousands of times its own weight, and you can pick one up now from the Boing Boing Store.This remarkable keychain is considerably smaller than any of your keys, but don’t let that fool you: it can easily open any bottle, and could even tow a trailer full of […]
Guaranteeing your privacy online goes way beyond checking the “Do Not Track” option in your browser’s settings. To ensure that your internet activity is totally hidden from Internet Service Providers, advertisers, and other prying eyes, take a look at Windscribe’s VPN protection. It usually costs $7.50 per month, but you can get a 3-year subscription […]
This project management bundle will help you get organized and learn how to lead a team to success. You can pay what you want for these five courses when you pick them up from the Boing Boing Store.To help you become an invaluable asset for your company, this bundle includes a curated collection of professional […]