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Old 20th November 2011
  #25
Gear Addict
 

Quote:
Originally Posted by aroundtheworld View Post
There's nothing to be gained by this kind of attempted slight, terryhart. Don't accuse me of shilling for big-tech and I won't accuse you of shilling for big-content. I'm positive that it isn't so simple for either of us. There's no need for these remarks.
I apologize. I didn't mean to imply that you were shilling for big-tech, and I see how my remarks could have been taken that way. What I meant was that there is a lot of information online that is being pushed by big-tech, their interest groups and affinity groups, and independent groups that take their cue and agree with big-tech groups.

I say this as someone who has followed this bill closely: easily over 90% of the written opposition to this bill online is misinformed.

Quote:
I'm afraid I have to object. When an organization armed with hundreds of lawyers requests that you voluntarily cease doing business with a client, lest you accept liability for their actions, you voluntarily stop doing business with that client. I'm not going to be so rude as to say that you don't understand business, but most advertisering services and search engines are in the business of advertising and responding to search queries. They probably aren't going to have the resources to spare in order to contest the legal challenges put to them by rent-seekers.
Read the bill. The third parties this bill encompasses -- ad providers and financial transaction providers -- have NO liability for failing to comply with a notice sent by a private copyright holder.

Here's the worst case scenario for one of these parties: a copyright holder sends a notice that a site dedicated to copyright infringement is using their services. The party fails to comply. The copyright holder files a lawsuit under the bill against the site. It requests, and the court grants, an order to comply against the third party. The third party still fails to comply. The copyright holder requests the court to order the third party to show cause why it has not complied.

Then, and only then can the court enjoin the third party to comply and/or impose monetary sanctions for knowing and willing failure to comply.