1. Beyond SOPA
by
Pamela S. Wynn
Boynton Beach, Florida
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2. This presentation is general information,
not legal advice.
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3. Not the first attempts to regulate
the Internet
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4. Internet only or Copyright Act of 1976
Apply to Internet
Digital Millennium
Copyright Act of 1998
ICANN’s Uniform Domain
Name Dispute Policy
State Laws
Federal Trade Commission
Rules
Can SPAM
*partial list
(Proposed) OPEN Act
(Upcoming) TPP Agreement
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10. Ideas
Facts (unless meets "compilation" definition)
Titles, names, short phrases, slogans
Lists of ingredients or contents
Blank forms and similar works designed to record rather than
convey information" (See Circular 32 and 37 C.F.R. § 202.1)
U.S. Government Publications
Public domain works
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11. Are you in violation?
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15. Don’t Be a Copy Cat
Inspiration is ok, copying is not
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16. Prevents circumventing measures to
prevent unauthorized access
making or selling devices or
services intended to circumvent
access or copying measures
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17. Sent to site owner or ISP
Safe Harbor for ISPs
ISP removes/ blocks the infringing material
promptly and informs person responsible
about takedown
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22. DeepGlamour is an Amazon affiliate. Virginia
Postrel receives a percentage of the purchase price
on anything you buy through one of our Amazon
links, including purchases you make while on
Amazon that we did not link directly to.
The Federal Trade Commission demands that we
tell you this—they think you're idiots and are
violating the First Amendment with their regulation
of what bloggers publish—but it's also a friendly
reminder to Support DeepGlamour by starting all
your Amazon shopping here.
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23. Endorsement Rule
Must be Results Consumer Can Expect
Can’t Use “Results not typical”
Celebrity Endorsers Can Be Liable
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24. Applies to all emails
with a Primary
Commercial Purpose
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25. State Laws
Defamation
Privacy
Contracts
Releases
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29. Who Owns Comments?
Terms of Service
Submissions by users that violate laws can get
YOU in trouble
DCMA Copyright Agent Appointment
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30. Follow Laws on Your Sites and
Monitor the OPEN Act
www.keepthewebopen.com
Sign ACTA Petition
www.tinyurl.com/ACTApetition
Support Electronic Frontier Foundation
www.eff.org
www.FindYourPracticeOnline.com February 2012
The OPEN Act would allow copyright holders to file complaints about copyright infringement at foreign websites with the U.S. International Trade Commission, which would investigate the complaints and decide whether U.S. payment processors and online advertising networks should be required to cut off funding. Tran Pacific PartnershipTPP broad outline approved 9 countries’ • Cross-cutting issues not previously in trade agreements, such as making the regulatory systems of TPP countries more compatible so U.S. companies can operate more seamlessly in TPP markets
Anti-Counterfeiting Trade AgreementWhereas ISPs normally are only forced to remove content after a court order, all legal oversight will be abolished, a precedent that will apply globally, rendering the treaty worse in its potential scope for abuse than SOPA or PIPA.Creates an ACTA Committee to decide violationsA country known for its enforcement of harsh Internet censorship policies like China could demand under the treaty that an ISP in the United States remove content or terminate a website on its server altogether. As we have seen from the enforcement of similar copyright policies in the US, websites are sometimes targeted for no justifiable reason.The agreement will create an “ACTA Committee” to make amendments to the agreement. The problem is that this committee is not accountable to anybody. It is outside the public and judicial process, and not accountable to a nation or an international body.
While copyright infringement was previously a civil matter, violation of the prohibitions of DMCAantihacking is a criminal offense, which is punishable by a fine of up to $500k fine or up to 5 years imprisonment. Repeat offenses are punishable by a fine of up to $1M, or up to 10 years imprisonment. This is a very significant change.Bush signed Protect IP Act in 10/08 – criminal penalties for infringement under copyright act
TCP/IP was standardized in 1982
Do not use someone else’s without permission
Under the fair use doctrine, third parties are permitted to use your copyrighted work without your permission for limited and "transformative" uses, including criticism, commentary, news reporting, parody, and teaching.
DMCA makes it a crime to hack DRM or other technical measures intended to protect copyrighted works. It is also a crime to make or sell devices for this purpose. criminal - as opposed to civil offensesDMCA extends US copyright law to cover works from, or by nationals of, the signatory nations. 1998
No hearing – no proofAppoint a take down notice agent at copyright.gov
Conspiracy to Commit Racketeering Criminal Conspiracy to Commit Copyright InfringementConspiracy to Commit Money Laundering
ICANN | Internet Corporation for Assigned Names and Numbers 1998Trademark owner owns a trademark (either registered or unregistered) that is the same or confusingly similar The party who registered domain name has no legitimate right or interest in the domain name; and The domain name was registered and used in bad faith
Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 ("CAN-SPAM Act“)Headers and subject linesValid postal addressLabeled as an advertisement/pornInclude instructions in the emailBe prompt in removing opt-outshow a reasonable recipient would perceive the purpose of an e-mail message based upon its subject line and the content located at the beginning of the message.actions must be brought by state Attorneys General,27 Internet Service Providers,28 or primarily, the Federal Trade Commission ("FTC")
Match.com suit for stock imagesRecording – 2 person consent in Fla