[vox] What's On the Blacklist? Three Sites That SOPA Could Put at Risk [EFF]

[Eric Rasmussen]

I did read the majority of the bill, but as I said, I'm relying on the
EFF's interpretation because I am not a lawyer. Also, I haven't been
talking about liability in terms of fines or later judgments in court.
We're talking about copyright holders having the ability to notify a
potentially copyright infringing company's payment processor of the
copyright infringement, and the payment processor having a period of 5
days to react. One of the ways they might do that would be to suspend
payment processing.

If you have an understanding of specifically how that fits in with the
host showing they've made a reasonable effort to remove the
copyrighted materials (for instance, do they have a period of time
after being notified by the payment processor?), then I'm definitely
interested in learning more about it. Unfortunately that part of the
bill isn't clear to me.

Thanks!
Eric




On Thu, Dec 1, 2011 at 2:52 PM, Mikies Runs Baal
<mikiesrunsbaal.sec at sbcglobal.net> wrote:
>
> READ the bill...
>
> It EXPLICITLY states that the host is only liable IF they do NOT make a reasonable effort to remove misused copyrighted materials.
>
> IMHO,
>
> MJR
>
>
> On 12/1/2011 12:03 PM, Eric Rasmussen wrote:
>
> I read that as EFF saying "we don't believe websites that let users post potentially copyright infringing content should be subject to legal threat, but under the new law they will be".
>
> If I start an Etsy shop reselling goods from Acme and use Acme's original copyrighted product photos, Etsy could be at risk, even if they don't reasonably have a way to automatically filter out that content. Etsy is then put in a position where they have to put unreasonable controls on the majority of non-copyright-infringing customers to prevent potential legal action.
>
> Acme could always ask Etsy to remove the copyright-infringing content, but with the new law they could go straight to the payment processor and prevent Etsy from collecting funds they might need to continue running, regardless of the eventual outcome of the investigation.
>
> If I'm understanding it correctly, this means that any of us that one day start a site where users can freely post photos, text (copyrighted lyrics/slogans/etc.) would also be at risk. Sites like Tumblr that host blogs for many users are very concerned about the law for this reason.
>
>
> On Thu, Dec 1, 2011 at 11:44 AM, <timriley at appahost.com> wrote:
>>
>> > -------- Original Message --------
>> > Subject: [vox] What's On the Blacklist? Three Sites That SOPA Could Put
>> > at Risk       [EFF]
>> > From: Brian Lavender <brian at brie.com>
>> > Date: Thu, December 01, 2011 11:18 am
>> > To: vox at lists.lugod.org
>> >
>> >
>> > What's On the Blacklist? Three Sites That SOPA Could Put at Risk
>> > https://www.eff.org/deeplinks/2011/11/whats-blacklist-three-sites-sopa-could-put-risk
>> >
>> > Don't let well intended idealists fool you. EFF put together some details
>> > regarding unintended consequences and SOPA.
>>
>> The key sentence is, "To be clear: we don’t believe that the way
>> these websites operate is or should be subject to legal threat."
>>
>> In other words, the author of this page doesn't believe these websites
>> are
>> violating copyright laws. But the author is still going to present these
>> websites as unintended consequences.
>>
>> The reason for one website's unintended consequence is described as,
>> "That’s a problem, because  under SOPA, anybody who is a 'holder of an
>> intellectual property right harmed by the activities' of even a portion
>> of the site, could serve Etsy’s payment processors with a notice that
>> would
>> require them to suspend Etsy’s service within 5 days."
>>
>> I can't make any sense out of this. Explain again why SOPA could put
>> Etsy at risk?
>>
>> <snip>
>>
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>
>
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