Thursday, February 10, 2011

Obama's DHS Seizes Websites for Merely LINKING to Copyrighted Material

At that rate all news-oriented blogs -- such as this one -- are criminal operations
"Apparently the Department of Homeland Security is now authorized to rewrite and enforce copyright infringement laws. In a stunning precedent, the recent round of domain seizures to shut down websites that allowed illegal streaming of the Super Bowl also included a few other websites that were seized simply for linking to infringing content.

Mike Masnick of TechDirt, who received and published a DHS seizure affidavit, had this to say in a must-read article:

"...the affidavit itself is chock full of legal and technical errors, compounded by assertions-as-facts that seem to have little basis in reality. This is immensely troubling, especially given that the specific legal issues here are hardly settled law, and Homeland Security seems to be acting as if these cases are no brainers, allowing them to flat out seize domains, even when those websites have been declared perfectly legal in their home countries.

The biggest problem is that Homeland Security seems to suggest -- without a hint of doubt -- that merely linking to infringing content is criminal copyright infringement. That is a huge stretch. Homeland Security and ICE may be in for a bit of legal trouble trying to prove that embedding is direct infringement"

Until these unprecedented seizures, online copyright infringement was dealt with by simply asking infringing websites to remove the material and replace it with a link to the source. Previous cases have normally been battled out in civil court. Alternative news giant, Matt Drudge, is currently fighting a seemingly ridiculous civil lawsuit over linking to news stories.

These new actions by the DHS and the courts seem to be motivated more by private corporate profits than by actual copyright law. Nonetheless, the agenda seems to be to make nearly every website that links to copyrighted material guilty of criminal infringement.

What's more, it is also another tyrannical tool being used to control the flow of information.

Source

8 comments:

Sharp said...

I wonder that no one ever considers that the people who complain so much about the "evil corporations" never understand just how the people they elect promote those same "evil corporations" by going beyond the law to protect them.

Stan B said...

Another example of the Government not minding it's mending. What DHS has to do with Copyright Infringement, or which agency inside it is actually tasked with enforcing international copyright laws I don't know.

Anonymous said...

Here is another clear example of how this Marxist administration has simply brushed congress (and the will of the people) aside, and taken unto itself powers it does not have. The Dept. of Homland Stupidity has no such power, nor does the Marxist-in-Chief have the authority to grant them such power. But, these are the kinds of things you'll see in a nation of weak, mindless sheep, who allow their freedom and liberty to be abused and slowly disolved. Americans have become some of the dumbest people on the planet and richly deserve everything they get.

Anonymous said...

This type of action will reignite the push to get the 'owners' of the internet away from the US - which may just be the point of the action.

Spurwing Plover said...

Totaly abolish the DEPT of HOMELAND SECURITY

Anonymous said...

But where then would Butch Napilitano go? Maybe she/he/it could open a lesbian biker bar.

Anonymous said...

Isn't it a well-known tactic of would-be totalitarian governments to invent or exaggerate an outside threat in order to introduce more and more restrictive and controling laws (as exemplified in Orwell's chilling "1984")-?

Nutcase said...

"...the affidavit itself is chock full of legal and technical errors, compounded by assertions-as-facts that seem to have little basis in reality."

So, you mean it's business as usual for big brother!