Tuesday, September 4, 2012

On "illegal" online content

Whoever thought that SOPA/PIPA/ACTA were dead must think twice. New similar laws keep getting sneaked in through the backdoor. One such example is this: http://blogs.computerworlduk.com/open-enterprise/2012/09/eu-wants-mini-acta-by-the-backdoor/index.htm

In short, that talks about a new EU law that (as of today) is trying to be sneaked in, about N&A (Notice and Action) methods to force hosting providers to take down "illegal" content.

Wait a second - What is "illegal" content? It covers a broad range, from child pornography to copyright infringement. Do you think these two are unrelated? Think twice!

In this article, a music industry spokesperson says that "child pornography is great", because it allows them to have a stricter control on the online content.

Of course, the problem with N&A is that it's often abused to take down legal content, which may range from parodies to playing a piece of classical music on your own piano. Yes - there have been videos of people playing well-known simple pieces of classical music on their own piano being taken down. Apparently, there was some CD with the same piece being played on another piano, and they happened to sound alike...

In theory, N&A notices should contain enough proof that the material in question is illegal, and, in most cases (excluding child pornography, for obvious reasons), wait to hear from the person who uploaded the material first, before taking any action. In practice, this never happens with DMCA takedown notices, why would it happen now?

On the other hand, when it comes to child pornography, the police is already doing its job, and we already often hear about people who owned child pornography being arrested - without needing to distribute it.

Someone tell me - what exactly is N&A supposed to solve? Legal content will be compromised while illegal content is already being taken care of.