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posted by Fnord666 on Thursday August 01 2019, @06:31PM   Printer-friendly
from the just-turn-off-the-internet dept.

The Senate Judiciary Committee intends to vote on the CASE Act, legislation that would create a brand new quasi-court for copyright infringement claims. We have expressed numerous concerns with the legislation, and serious problems inherent with the bill have not been remedied by Congress before moving it forward. In short, the bill would supercharge a “copyright troll” industry dedicated to filing as many “small claims” on as many Internet users as possible in order to make money through the bill’s statutory damages provisions. Every single person who uses the Internet and regularly interacts with copyrighted works (that’s everyone) should contact their Senators to oppose this bill.

Making it so easy to sue Internet users for allegedly infringing a copyrighted work that an infringement claim comes to resemble a traffic ticket is a terrible idea. This bill creates a situation where Internet users could easily be on the hook for multiple $5,000 copyright infringement judgments without many of the traditional legal safeguards or rights of appeal our justice system provides.

The legislation would allow the Copyright Office to create a “determination” process for claims seeking up to $5,000 in damages:

Regulations For Smaller Claims.—The Register of Copyrights shall establish regulations to provide for the consideration and determination, by at least one Copyright Claims Officer, of any claim under this chapter in which total damages sought do not exceed $5,000 (exclusive of attorneys’ fees and costs). A determination issued under this subsection shall have the same effect as a determination issued by the entire Copyright Claims Board.

This could be read as permission for the Copyright Office to dispense with even the meager procedural protections provided elsewhere in the bill when a rightsholder asks for $5000 or less. In essence, what this means is any Internet user who uploads a copyrighted work could find themselves subject to a largely unappealable $5,000 penalty without anything resembling a trial or evidentiary hearing. Ever share a meme, share a photo that isn’t yours, or download a photo you didn’t create? Under this legislation, you could easily find yourself stuck with a $5,000 judgment debt following the most trivial nod towards due process.


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  • (Score: 1, Touché) by Anonymous Coward on Thursday August 01 2019, @07:14PM (3 children)

    by Anonymous Coward on Thursday August 01 2019, @07:14PM (#874189)

    The term "1000 bee stings" is in a text I wrote on my blog 15 years ago. Please send me $5000 in bitcoin immediately.

    Starting Score:    0  points
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  • (Score: 2) by SpockLogic on Thursday August 01 2019, @07:29PM

    by SpockLogic (2762) on Thursday August 01 2019, @07:29PM (#874198)

    The term "1000 bee stings" is in a text I wrote on my blog 15 years ago. Please send me $5000 in bitcoin immediately.

    It was a typo. He intended to say "1001 bee stings" So go fuck yourself.

    --
    Overreacting is one thing, sticking your head up your ass hoping the problem goes away is another - edIII
  • (Score: 0) by Anonymous Coward on Thursday August 01 2019, @07:40PM

    by Anonymous Coward on Thursday August 01 2019, @07:40PM (#874205)

    Here is .00001 BTC, just HODL till its worth $5k!

  • (Score: 3, Insightful) by pdfernhout on Friday August 02 2019, @02:04AM

    by pdfernhout (5984) on Friday August 02 2019, @02:04AM (#874408) Homepage

    From a satire I sent to the US DOJ in 2002 of a speech given by a hypothetical future US president: https://pdfernhout.net/microslaw.html [pdfernhout.net]

    "My fellow Americans. There has been some recent talk of free law by the General Public Lawyers (the GPL) who we all know hold un-American views. I speak to you today from the Oval Office in the White House to assure you how much better off you are now that all law is proprietary. The value of proprietary law should be obvious. Software is essentially just a form of law governing how computers operate, and all software and media content has long been privatized to great economic success. Economic analysts have proven conclusively that if we hadn't passed laws banning all free software like GNU/Linux and OpenOffice after our economy began its current recession, which started, how many times must I remind everyone, only coincidentally with the shutdown of Napster, that we would be in far worse shape then we are today. RIAA has confidently assured me that if independent artists were allowed to release works without using their compensation system and royalty rates, music CD sales would be even lower than their recent inexplicably low levels. The MPAA has also detailed how historically the movie industry was nearly destroyed in the 1980s by the VCR until that too was banned and all so called fair use exemptions eliminated. So clearly, these successes with software, content, and hardware indicate the value of a similar approach to law.

    There are many reasons for the value of proprietary law. You all know them since you have been taught them in school since kindergarten as part of your standardized education. They are reflected in our most fundamental beliefs, such as sharing denies the delight of payment and cookies can only be brought into the classroom if you bring enough to sell to everyone. But you are always free to eat them all yourself of course! [audience chuckles knowingly]. But I think it important to repeat such fundamental truths now as they form the core of all we hold dear in this great land.

    First off, we all know our current set of laws requires a micropayment each time a U.S. law is discussed, referenced, or applied by any person anywhere in the world. This financial incentive has produced a large amount of new law over the last decade. This body of law is all based on a core legal code owned by that fine example of American corporate capitalism at its best, the MicroSlaw Corporation.

    MicroSlaw's core code defines a legal operating standard or OS we can all rely on. While I know some GPL supporters may be painting a rosy view of free law to the general public, it is obvious that any so called free alternative to MicroSlaw's legal code fails at the start because it would require great costs for learning about new so-called free laws, plus additional costs to switch all legal forms and court procedures to the new so called free standard. So free laws are really more expensive, especially as we are talking here about free as in cost, not free as in freedom.

    In any case, why would you want to pay public servants like those old time -- what were they called? -- Senators? Representatives? -- around $145K a year out of public funds just to make free laws? Laws are made far more efficiently, inexpensively and, I assure you, justly, by large corporations like MicroSlaw. Such organizations need the motivation of micropayments for application, discussion or reference of their laws to stay competitive. MicroSlaw needs to know who discusses what law and when they do so, each and every time, so they can charge fairly for their services and thus retain their financial freedom to innovate. And America is all about financial freedom, right! [Audience applause].

    ... [Inaudible shouted question] Prisons? There are only a million Americans behind bars for copyright infringement so far. No one complained about the million plus non-violent drug offenders we've had there for years. No one complained about the million plus terrorists we've got there now, thanks in no small part to a patriotic Supreme Court which after being privatized upheld that anyone who criticizes government policy in public or private is a criminal terrorist. Oops, I shouldn't have said that, as those terrorists aren't technically criminals or subject to the due process of law are they? Well it's true these days you go to prison if you complain about the drug war, or the war on terrorism, or the war on infringers of copyrights and software patents -- so don't complain! [nervous audience laughter] After all, without security, what is the good of American Freedoms? Benjamin Franklin himself said it best, those who don't have security will trade in their freedoms. ..."

    --
    The biggest challenge of the 21st century: the irony of technologies of abundance used by scarcity-minded people.