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steven (Offline)
JF Old Timer
 
Posts: 544
Join Date: Apr 2010
09-28-2010, 08:41 AM

MMM, I apologize. I'm looking at a draft that is available and it looks like I had a wrong idea about what we're talking about. The title of this topic may have misled me.

However, if you take a look at the draft (provided I'm looking at the real-deal), check out page 12.

1 ‘‘(1) IN GENERAL.—The Attorney General shall
2 maintain a public listing of domain names that,
3 upon information and reasonable belief, the Depart4
ment of Justice determines are dedicated to infring5
ing activities but for which the Attorney General has
6 not filed an action under this section.
7 ‘‘(2) PROTECTION FOR UNDERTAKING CORREC8
TIVE MEASURES.—If an entity described under sub9
section (e) takes any action specified in such sub10
section with respect to a domain name that appears
11 on the list established under paragraph (1), then
12 such entity shall receive the immunity protections
13 described under subsection (e)(3).


That little bit of ambiguity leaves quite a bit of room to "blacklist" a site. It's obvious that they're not gonna shut down a place like youtube, but I could see a lot of pressure being applied.

The draft seems pretty clear in its wording besides what I just mentioned, but in the case of most websites these days a lot of the content is user uploaded. It looks like they will 'take care of' any sites used to host "infringing material". While I'd be willing to bet that the majority (which is an understatement) of the purpose of torrent websites is to distribute "infringing" files, there will always be that small percentage of people who use them for legit file transfer. I think any reasonable person could tell that argument won't hold any water though. In the case of a website like dailymotion, however, there are a lot of legit videos on there as well as a lot of what you'd call 'infringing' material.

So from what I can tell, this law has been proposed to weed out the blatantly infringing websites that sell infringing copy/clone products and websites that exist solely to host pirated software/media. Everyone else will just become pressured to censor (I reluctantly use that word as it threw me off to begin with) any material (like videos) that are 'infringing'.

I could speculate as to what that 'pressure' would result in, but I'll save you the trouble of making fun of my posts about it

I completely misunderstood at first... once I got home and read the draft I got a much better idea of what we're talking about and apologize for wasting your time there .

Last edited by steven : 09-28-2010 at 08:45 AM.
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