Court confirms DMCA 'good faith' web site shut down rights

[punkgrrrlie10]

Well:

1. while the OSU students haven't been charged yet, (and may not if they are held to CIVIL liability instead of criminal), it doesn't state what the good faith attempt to stall copyright infringment was based on. "good faith" means just that but they have to state what specifically is being infringed. Those students may very well have been infringing copyrights, but the author "forgot" to write about what it was I guess. And just to let you know, Ohio State isn't in the 9th circuit, so that has no bearing on the ruling nor is it indicated that it is a result of it.

2. Regardless of how much you may hate it, P2P is stealing and is infringing copyright. Just b/c you want it for free doesn't mean you can just take it. Law on making a "gift" to someone else, requires giving up ownership. So initially, someone would have to buy it in order to give it to someone else and then completely give up ownership in it. When applied to intellectual property rights, that requires erasing it off your harddrive as soon as someone else downloads it. These people aren't selling records and making music for the sole purpose of making you happy and Congress is invested with the power to enact laws to protect the copyrights, patents and trademarks of their artists/creators.

3. The story seems to slant its views of the DMCA by making it seem like someone can randomly report a site w/o any evidence and the site gets shut down. Not true. They do have to submit evidence of the infringing activity and have to produce a lawful copyright ownership to it. Copyrights can exist in commercials, movie trailers, tv shows, skits, etc....almost anything that you can think of which would qualify as a fixed-tangible piece of work in a specified medium including TV, motion pictures, "phonorecords", etc.

Example: it's copyright infringement to buy or rent a movie from a video store and then charge admission to those who come over to watch it at your house and you allow anyone who pays to come in. Copyright always has had broad reach, it's just not been as easy to accomplish as the internet has made it.