Net Neutrality Links
I’m adding this link to the Net Neutrality Page.
. . . Buried deep within the legalese and copyright mumbo jumbo of the DMCA is a single but little read clause that could, in theory, have a dramatic impact on the net neutrality fight, especially if net neutrality never passes.
[ . . .]
When the DMCA [Digital Millennium Copyright Act of 1998] (PDF) became law in 1998, telecoms breathed a sigh of relief. After years of uncertainty, it was revealed that they could not be held liable for any copyright infringement that passed through their network. As a “transitory communications” provider, all they had to do was meet a few simple requirements and they never had to worry about being held accountable.
However, it’s one of those requirements that may now prove to be a sticking point. The second requirement for a “transitory communications” provider reads as follows (emphasis added):
“The transmission, routing, provision of connections, or copying must be carried out by an automatic technical process without selection of material by the service provider.”
In short, the DMCA gave telecoms a pass on copyright infringement suits so long as they didn’t make any selection of the content that passed through their service. As long as telecoms are blindly routing requested content to its end destination, they could not be held accountable for that material.
However, the minute they start intelligently discriminating one type of material from another, their situation becomes in doubt. They no longer meet the qualifications of “transitory communications” provider and now have no clear status under the DMCA.
–ME “Liz” Strauss
Related
NET NEUTRALITY PAGE
Good Morning!! Liz — I’m so sorry I didn’t make it in last night. I got my hair ‘done’ and it took over 3 hours (after worknever do anything after work!) and I almost dropped in here. But then I went to couch and totally fell asleep until bed time. And I’m still pretty pooped. Or maybe just in shock — I’m pretty much a blond now. For the first time in my life….
And because I’m so excited about this time-bomb you’ve revealed, I’m going to quote it . . .
(Setting off virtual fireworks) Wow. This is pretty big, isn’t it?
Hello you, of the new template and new look!
I must tell you that you’re going to find the world reacts to you differently now that you have mostly blonde hair. It’s not reasonable or fair, but it’s true. It’s also fun. (Yes, it’s true blondes have more fun.)
This piece was an exciting one for me to find. I’m a bit of an intellectual propoertyphile. I thought this little line of law is most interesting. The fact that it exists only on this one blog is also interesting . . . The blogs looks most credible — the author works in the field and makes no claim beyond his station.
Yet, it seems that you and I would have a reason to sue should anything change . . . 🙂
Having worked as a publisher, I know how easy it is to forget about these sorts of details.
Maybe when (if?) I wake up more fully, I should write a little something for dKos about this? A lot of lawyers hang out there and they would probably like this train of thought. Also, Ed Foster at GripeLog has followed some of this also.
Do are blogs more fun when bloggers are blond?
(cross-out the “Do”) More coffee?
HI,
I bet dKos would be interested in this little note. I suspect those guys might have missed it entirely. They probably don’t looking where I do.
As for blondes and blogs, I think you have to have a big pix like I do for it to have an effect . . . by the way I like the pix on your new template.
I think I’d better have another cup of coffee before I even think about taking a photo. Blond might be good, but cross-eyed and bleery? Not so much….
And Just to make sure I don’t get condemned for serial Off-Topicness — I know I’m ‘up to’ posting a comment in an open thread. I’ll keep an eye open for a fresh one and drop a linky to here.
Good ideas all about the photo. I’d send IT man to take it — he took the one above — but the camera is in CD with ET, the alien child, and IT doesn’t like traveling much anyway.
On the open thread thing, I think the key words are that If net neutrality doesn’t pass, selection of content by ISPs could put them in jeopardy with the Digital Millennium Copyright Act of 1998 making them liable for anything that’s broadcast over their services.
It’s hard to say when I’ll get a word into an open thread. I don’t post in them unless I catch them with fewer than 20 comments — after that it’s all chatter. And lately they seem to be posted while I’m on my commute & there’re upwards a hundred comments by the time I see the thread.
Of course, by the time I’ve driven 15 miles I should be awake — so maybe I could post something as an actual diary. I’ve been up for almost 2 hours — I wonder why I’m so sleepy still? (sorry for the whining)
It’s rainy here. I’m sleep too. Of course, blonde are always sleepy 🙂
Ahhh — the tricks of the trade, thank you for sharing that, master — I always learn the important stuff from you. 🙂
At your humble service, my reader. 🙂
That is really an excellent detail you’ve told us about. I hope this issue is resolved favorably for us Internet users.
(Sorry for being so scarce – I’ve hardly had time to stop by anywhere).
Hi Indie!
It’s always a pleasure when you come, no apologies needed — we’re all craxy busy.
This is one cool little detail, isn’t it? 🙂