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Thursday, December 22, 2011

postheadericon ICE Admits That It Just Wants To 'Put People In Jail' With Operation In Our Sites

Rob Fischer has written a fantastic in The American Prospect, research ICE works Our sites program with a focus on the seizure and subsequent prosecution of NinjaVideo . It's worth reading in its entirety, because some things are clear. These are some interesting. First, the site administrators said they had done their utmost to comply with the DMCA, and I thought if anything, could have a fight
Civil

demand, not a criminal:


under the Digital Millennium Copyright Act of 1998 (DMCA), the owners of copyright is responsible for sending takedown notices sites hosting infringing content. YouTube anyone who has read the statement "This video has been removed due to terms of use violation" was the result of a DMCA notification. "We believe if you do not host the content but linked to it from elsewhere on the Web, our only legal consideration was consistent with takedown notices," Bechara said. "And always respected."
But it was not simple. The DMCA process allows intermediaries such as YouTube in order to avoid liability, it is to its users download content illicit. Ninja video was both the agent and the shipper. independent stores called "cyberlockers" presented video content transmitted Ninja, Ninja, but put up there.



I'm not sure this is really an explanation of the DMCA issue, which users downloaded content ... which is the same with YouTube and Veoh, which have been declared legal under the DMCA. Although the provisions of the port yet sure, the fact that users download, you should have an impact. There are very likely to have secondary liability issues if the site has encouraged people to break - but it's a separate issue, which again must have been a problem for copyright law, not civil criminal.

ICE people presented as square heads who have no idea of ??what we are dealing with here. The Humdinger of a real quote is from the ICE Special Agent William Ross, who previously said the play was influenced by Hollywood repeatedly ask you to do the job. But when faced with the point (made by Corynne McSherry of the EFF), "arrest people and put them in jail for a few links online do not really seem like a good way for us to invest our time and our energy. " Ross Strikes Back:



"I am a law enforcement officer," said Special Agent Ross. "I want to put people in prison."
which is only an estimate rather ridiculous and fear when you think about. He does not speak of fairness or justice or defense of the law. He just wants to "put people in prison." People like that jobs should not have power.
the end, it seems clear that people in the video Ninja has received legal advice and made some bad legal decisions as horrible thoughts themselves. I still do not see that the operators of the site may have been responsible for criminal copyright infringement, but after throwing the $ 10,000 raised by lawyers, who (according to the description in the article) do not seem to do much (and it is not clear that they never understood what was happening), the directors quickly transferred to pressure the government in the plea negotiations.

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