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Official Discussion: Where is it safe to promote copyrighted content?

Discussion in 'BlackHat Lounge' started by phrasion, Jan 23, 2012.

  1. phrasion

    phrasion Regular Member

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    As most of you already know, following the forced shutdown of megaupload, all other companies are crumbling down in fear and either closing down entirely, shutting down their affiliate programs or furiously deleting all copyrighted content uploaded.

    This is not limited to filehosts, CPA companies are also acting in the same accord, even those previously considered to be lenient and open about copyrighted content.

    So now the question arises, I'm sure many of you also promote copyrighted content almost exclusively, what are your suggestions, opinions and advices about where all this is going and also let us discuss companies, both CPA and otherwise that you think will turn a blind eye on everything that's going on?
     
  2. zen19

    zen19 Elite Member

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    Look the internet has been and still is the wild west - it moves much faster than the old men who make the laws. Its also far from clear even in the US if linking is actually something that can be successfully pursued by law, either criminal or civil. There will need to be a bunch of test cases to establish a precedent on this. In many other countries its been established by courts that linking/embedding is fine, however recent presure has seen these rulings set aside by stronger laws. Linking however is one thing, directly hosting is a complete different issue. Filehosts have been playing with fire in this regard, and a big one just got immolated, a lot of the others are sensibly considering their options. I dont expect that this delivery mechanism will disappear, I expect it will get more and more fragmented and move into more favorable jurisdictions. Shutting Napster didnt stop music sharing, it just opened many more outlets.

    The music industry are well along the path to getting their delivery systems modernized, if you are on any sort of western salary, and have some internet saavy, there are more than enough legal music outlets to make piracy more hassle than its worth. The TV/Movie people are many many years behind in this, but will inevitably be forced to change their ways. I expect more and more of a growing backlash against studios and their organizations using rent a thugs paid for by tax payers as their private militia. Imagine if Kmart produced statistics suggesting that shoplifting was causing a loss to the US economy of 5billion a year and costing millions of jobs, they demanded FBI agents police the stores to catch spotty teenagers shoplifting - they wouldn't get far, as in tight times resources should be put to better use.


    PROPAGANDA WARNING:

    If you take at face value the 'statistics' which are used to justify the recent actions, the most commonly used are:

    'Piracy is costing the U.S. economy $200-250 billion per year, and has killed 750,000 American jobs'. This sounds dire, but lets look a bit further, smart people shouldn't get taken in by propaganda, where does this data come from?

    The 200-250 billion comes from a 1991 Forbes article in a side panel alongside an editorial. It referred to an unsourced estimate of the total size of the GLOBAL market in counterfeit goods. Nothing to do with the US, or file sharing.

    The 750,000 jobs which have been lost comes from a speech in 1986 by the secretary of commerce estimating that counterfeiting could cost the United States "anywhere from 130,000 to 750,000″ jobs. Nobody in the Commerce Department was able to identify where those figures had come from.

    These two bits of information have been spun so hard that they are accepted as fact and used to justify all-sorts, but they have been especially adopted by the media lobbyists.

    Just as digitized data will always seek to be free, so will the truth - once people become more aware of this, the current shift towards an expectation of an open Internet will only grow.


    MY VIEWS:

    All of this said, my strong advice to anyone operating in this arena would be to legalize 100% or get out. Its simply not worth it. These type of internet events happen, entire money making systems go dead due to new laws and regulations - out on the cutting edge of the wild west, things change rapidly. My advice is to stay on the cutting edge, let others fight to protect a niche that's under attack, move on to the next things.


    SOURCES AND GOOD READING:

    http://www.cato-at-liberty.org/how-copyright-industries-con-congress/
    http://arstechnica.com/tech-policy/news/2012/01/internet-regulation-and-the-economics-of-piracy.ars
     
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