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ISPs not responsible for Copyright material.

JoshRJoshR Member, Patron Provider

https://www.supremecourt.gov/opinions/25pdf/24-171_bq7d.pdf

"Earlier: In a 9–0 ruling, the Supreme Court of the United States ruled that internet service providers cannot be held liable for copyright infringement or other illegal acts committed by their users. The ruling in Cox v. Sony tosses a previous $1.5 billion verdict."

https://x.com/i/status/2036900354269601909

Well that's good news!

Comments

  • rpqurpqu Member

    Yes. And I would argue for reduction duration of copyright protection to 20 years.

  • Hell yes

    Thanked by 1emgh
  • conceptconcept Member
    edited March 26
  • TangeTange Member

    good news for me, bad news for those VPN providers

  • Adam1Adam1 Member

    @rpqu said: And I would argue for reduction duration of copyright protection to 20 years.

    why 20 and not 10 or 30?

  • It's nice to see some sense coming from the government for a change.

    @Adam1 said:

    @rpqu said: And I would argue for reduction duration of copyright protection to 20 years.

    why 20 and not 10 or 30?

    I feel like 20 years seems like a good block size (Considering the length of a generation, 20-25 years). but the current lengths of 95 to 120 years seems crazy but you know its just a game of how long can you milk a bull.

    Thanked by 1emgh
  • rpqurpqu Member

    @Adam1 said:

    @rpqu said: And I would argue for reduction duration of copyright protection to 20 years.

    why 20 and not 10 or 30?

    Harmonization with patent law. We should also consider second-class protection for non-master e.g recordings from concert, live-action, remake, etc for 5-10 years.
    On the other hand, 20 years is the average interval between a generation. So, there's a possibility of sequel being released if there's enough interest generated

  • sshboxsshbox Member

    Finally sanity prevails.

  • ralfralf Member
    edited March 26

    @rpqu said:

    @Adam1 said:

    @rpqu said: And I would argue for reduction duration of copyright protection to 20 years.

    why 20 and not 10 or 30?

    Harmonization with patent law. We should also consider second-class protection for non-master e.g recordings from concert, live-action, remake, etc for 5-10 years.
    On the other hand, 20 years is the average interval between a generation. So, there's a possibility of sequel being released if there's enough interest generated

    I think it'd be somewhat fair to determine copyright length based on how much of your life your spent creating the thing.

    E.g. if you're churning out 10 trashy romantic novels a year, maybe 5-10 years is a decent copyright length. If you spend 10 years writing a massive epic, then maybe 20 years copyright length is fair to compensate you for all that time working without an income.

    It's obviously more complicated when it involves a company or a group of people, but there's probably similar rules that could be applied. It's unlikely a game will still be earning significant revenue after 10 year except for a very few outliers. Films probably have more of a historical legacy, but still I doubt the people originally involved in a production see any of the royalties after 10 years, except again in a very few rare cases. Music I'd argue is maybe similar. Like there are still royalties from 40 years ago, but for many musicians the majority of their income actually comes from touring and doing live music.

    But for all of these, maybe society would be better if copyright was shorter and people were incentivised to keep innovating to keep new material relevant.

  • @ralf said: It's unlikely a game will still be earning significant revenue after 10 year except for a very few outliers

    You do mention it being outlier but those outliers can skew the proportion too so its worth putting into discussion

    Roblox started in 2004. Right now it had peak user numbers of 350 million

    All of steam had combined peak user numbers of 80 million

    So in a way gaming can be simplified into all games vs roblox/(minecraft/fortnite maybe)

  • emghemgh Member, Megathread Squad

    I was afraid of the verdict of this case. Glad to see you it go 9-0.

  • ralfralf Member

    @whynotlearn said:

    @ralf said: It's unlikely a game will still be earning significant revenue after 10 year except for a very few outliers

    You do mention it being outlier but those outliers can skew the proportion too so its worth putting into discussion

    Roblox started in 2004. Right now it had peak user numbers of 350 million

    All of steam had combined peak user numbers of 80 million

    So in a way gaming can be simplified into all games vs roblox/(minecraft/fortnite maybe)

    Also WoW. However, if copyright terms were shorter, I guess companies would favour smaller standalone episodic content (maybe porting save game progress between games somehow) rather than just extending an open world game over and over. I'm actually not sure what's better from a user experience.

  • rpqurpqu Member
    edited March 26

    @ralf said:
    I think it'd be somewhat fair to determine copyright length based on how much of your life your spent creating the thing.

    E.g. if you're churning out 10 trashy romantic novels a year, maybe 5-10 years is a decent copyright length. If you spend 10 years writing a massive epic, then maybe 20 years copyright length is fair to compensate you for all that time working without an income.

    It's obviously more complicated when it involves a company or a group of people, but there's probably similar rules that could be applied. It's unlikely a game will still be earning significant revenue after 10 year except for a very few outliers. Films probably have more of a historical legacy, but still I doubt the people originally involved in a production see any of the royalties after 10 years, except again in a very few rare cases. Music I'd argue is maybe similar. Like there are still royalties from 40 years ago, but for many musicians the majority of their income actually comes from touring and doing live music.

    But for all of these, maybe society would be better if copyright was shorter and people were incentivised to keep innovating to keep new material relevant.

    Let me repack your argument. You're describing vast amount of field with different business arrangements, and I will address that by, how the original creator are massively cheated by their partners through asymmetrical bargaining power:

    • book writers and the publishers that set the author's cut (deducting the distribution, printing cost)
    • singer/writer and music production house which purchased the rights to recordings/songs in exchange of fixed amount (and perhaps small chunk of percentage after the sales exceed certain amount)
    • software/game/asset makers who received fixed salary/commission in exchange for their contributions

    None of these people received the benefit of lengthened copyright protection. It's the IP owner who benefits.
    And as you said, the bands received more income from touring and selling T-shirts.
    That's why I proposed emulating steam's the tapered pricing model, where the price will keep declining until it's free on expiry date. Decreasing price would convert those who wouldn't have purchased the goods into purchasing customer.
    Copyright owners reported "loss revenue" due to piracy. But, if they really care about the revenue, they should have reduced the prices over time to increase sales

  • mp11mp11 Member
    edited March 26

    sony is really a shit company, always trying this things, never buy a playstation, your acc can easily get hacked, taken over, abused and only way is to proof that your name in the acc matches your ID, which is at gamers normally never the case. worked for them half a year, it is terrible....

  • @mp11 said: sony is really a shit company

    wh-1000xm4 are great headphones though.

  • ralfralf Member

    @mp11 said:
    your acc can easily get hacked, taken over, abused and only way is to proof that your name in the acc matches your ID

    They have a duty around KYC, even more than most providers, as they support live voice chat as well where there's even more risk to kids than most of the current legislation is trying to deal with.

    If you put false details on your Sony account and can't prove it's yours, I think that's kind of your own fault. That said, I don't think my old PSN account ever had anything other than my e-mail address as I always purchased the yearly subscription with gift cards but maybe I did add a credit card / billing address at some point as it does ring a bell.

  • defaultdefault Veteran

    @CheepCluck said:
    [...] its just a game of how long can you milk a bull.

    You enjoy milking bulls too?

    Back on topic: the ruling is correct in my opinion. ISPs can not and should not be held responsible for what users do. That being said, they should not log or record all the communication of their users either, but respect customer's complete privacy.

  • WyvernCoWyvernCo Member
    edited March 26

    Important to note this ruling is not a free pass for the bulletproof hosting providers:

    The provider of a service is contributorily liable for a user’s infringement only if it intended that the provided service be used for infringement, which can be shown only if the party induced the infringement or the provided service is tailored to that infringement; Cox neither induced its users’ infringement nor provided a service tailored to infringement; accordingly, Cox is not contributorily liable for the infringement of Sony’s copyrights

    If a service is marketed as violating copyright laws or generally understood to not enforce copyright laws you're still going to get hammered by the law.

    Cox repeatedly discouraged copyright infringement by sending warnings, suspending services, and terminating accounts

    and:

    Cox . . . pointing out that its warning and suspension system ended 98% of identified infringement.

    The court determined Cox was working in good faith to deter piracy on their systems and able to prove their temporary ban / call-in education systems stopped the vast majority of (detected) piracy on their network while also balancing the needs of consumers with limited internet choices.

    Basically:

    • The ruling allows providers to give customers a second chance to reform before termination IF the customers use of the service is not solely piracy.
    • A provider who markets itself as supporting piracy / DMCA ignored is still at risk.
    • A provider who receives a DMCA and does not disconnect a customer whose primary purpose of using the service is piracy is still at risk.
    • A provider who ignores DMCAs regarding a customer who does both piracy and non-piracy is still at risk (must take reasonable steps to deter piracy activity).

    So it's more leniency for providers & customers operating in good faith -- not a free pass to go do crime.

    Thanked by 1TimboJones
  • DrNutellaDrNutella Member
    edited March 26

    @rpqu said:
    Yes. And I would argue for reduction duration of copyright protection to 20 years.

    Years on mercury please
    Venus takes too long to go around the sun
    Earth has abssurd humans

  • forestforest Member

    @WyvernCo said:
    Important to note this ruling is not a free pass for the bulletproof hosting providers:

    The provider of a service is contributorily liable for a user’s infringement only if it intended that the provided service be used for infringement, which can be shown only if the party induced the infringement or the provided service is tailored to that infringement; Cox neither induced its users’ infringement nor provided a service tailored to infringement; accordingly, Cox is not contributorily liable for the infringement of Sony’s copyrights

    If a service is marketed as violating copyright laws or generally understood to not enforce copyright laws you're still going to get hammered by the law.

    Cox repeatedly discouraged copyright infringement by sending warnings, suspending services, and terminating accounts

    and:

    Cox . . . pointing out that its warning and suspension system ended 98% of identified infringement.

    The court determined Cox was working in good faith to deter piracy on their systems and able to prove their temporary ban / call-in education systems stopped the vast majority of (detected) piracy on their network while also balancing the needs of consumers with limited internet choices.

    Basically:

    • The ruling allows providers to give customers a second chance to reform before termination IF the customers use of the service is not solely piracy.
    • A provider who markets itself as supporting piracy / DMCA ignored is still at risk.
    • A provider who receives a DMCA and does not disconnect a customer whose primary purpose of using the service is piracy is still at risk.
    • A provider who ignores DMCAs regarding a customer who does both piracy and non-piracy is still at risk (must take reasonable steps to deter piracy activity).

    So it's more leniency for providers & customers operating in good faith -- not a free pass to go do crime.

    But it is good news for those who want to run Tor exit relays. This ruling, if it had gone the other way, could have made running an exit in the US riskier.

    Thanked by 1WyvernCo
  • mp11mp11 Member
    edited March 29

    @ralf said:

    @mp11 said:
    your acc can easily get hacked, taken over, abused and only way is to proof that your name in the acc matches your ID

    They have a duty around KYC, even more than most providers, as they support live voice chat as well where there's even more risk to kids than most of the current legislation is trying to deal with.

    If you put false details on your Sony account and can't prove it's yours, I think that's kind of your own fault. That said, I don't think my old PSN account ever had anything other than my e-mail address as I always purchased the yearly subscription with gift cards but maybe I did add a credit card / billing address at some point as it does ring a bell.

    bro, i worked 6 months on phone and chat for them, 90% of the users put wrong data and most of them forget about it, the acc gets hacked and you can not get it back, thats it, point. I had days where hackers and original acc owner called every 10 min to get the acc back, than you have to do detective work and find out who is the real owner, cause hacker easily could verify the necessary information.

    ah and I forgot to mention, the dead end question, please give me the serial of your first playstation for this account.

    did you wrote down the serial of your ever first playstation 15 years ago....?

    that is not KYC, that is madness, blizzard for example asks you about your account, games you played and chars you have in your account, a gamer, who build the account, can easily answer those very specific details about his account, a hacker not.

  • rpqurpqu Member

    @DrNutella said:

    @rpqu said:
    Yes. And I would argue for reduction duration of copyright protection to 20 years.

    Years on mercury please
    Venus takes too long to go around the sun
    Earth has abssurd humans

    It's the fair & square deals. For example, a DMCA should include details of earnings, as a proof that the publisher or IP owner are actively using the pricing tools to increase revenue before it goes to public domain. Controlled lending like internet archive should also be considered legal.

  • @rpqu said:

    @DrNutella said:

    @rpqu said:
    Yes. And I would argue for reduction duration of copyright protection to 20 years.

    Years on mercury please
    Venus takes too long to go around the sun
    Earth has abssurd humans

    It's the fair & square deals. For example, a DMCA should include details of earnings, as a proof that the publisher or IP owner are actively using the pricing tools to increase revenue before it goes to public domain. Controlled lending like internet archive should also be considered legal.

    No, it shouldn't.

    "Prove you're making money from this before I steal your work." Fuck that noise.

  • @TimboJones said:

    @rpqu said:

    @DrNutella said:

    @rpqu said:
    Yes. And I would argue for reduction duration of copyright protection to 20 years.

    Years on mercury please
    Venus takes too long to go around the sun
    Earth has abssurd humans

    It's the fair & square deals. For example, a DMCA should include details of earnings, as a proof that the publisher or IP owner are actively using the pricing tools to increase revenue before it goes to public domain. Controlled lending like internet archive should also be considered legal.

    No, it shouldn't.

    "Prove you're making money from this before I steal your work." Fuck that noise.

    I am not saying yes or no. Just pay me first.

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