Comments on: MySpace decries Vivendi claim http://www.p2pnet.net/story/10486 p2pnet.net offers not-your-lamescream news on movies music digital media P2P peer-to-peer TV television file sharing freedom of speech open source product news Wifi mobiles company Thu, 20 Nov 2008 08:35:07 +0000 http://wordpress.org/?v=2.2.1 By: Reader's Write http://www.p2pnet.net/story/10486#comment-130695 Reader's Write Mon, 20 Nov 2006 23:34:58 +0000 http://www.p2pnet.net/story/10486#comment-130695 ]]> By: Reader's Write http://www.p2pnet.net/story/10486#comment-130694 Reader's Write Mon, 20 Nov 2006 23:34:10 +0000 http://www.p2pnet.net/story/10486#comment-130694 Oh, come on. It's no secret that the defendant's on the plaintiff's side. Big Content on one side, Big Content on the other. Both the plaintiff's and the defendant's statements fully endorse rampant copyright expansionism. It's a sock puppet show: the left sock and the right sock may appear to be arguing, but rest assured, they're two hands on the same person. Despite what MySpace says, the DMCA "safe harbor" clause does not require an Internet service provider to protect itself from lawsuits. It doesn't require audio fingerprinting, either. In fact, the only thing the DMCA "safe harbor" requires is takedown on demand. Seriously, that's all. But by proclaiming stuff like audio fingerprinting to be evidence that MySpace is on the right side of the law, MySpace is setting the bar higher than the DMCA requires, in the mind of the news-reading public. MySpace's corporate cousins the RIAA and MPAA distort copyright law to the public; no surprise that MySpace does, too. Don't be fooled. Both the left sock and the right sock here are pantomiming a world where Internet service providers have to go far, far beyond the DMCA to appease copyright holders. Such a world is pure fiction, but one that both the plaintiff and the defendant want to make a reality. Oh, come on. It’s no secret that the defendant’s on the plaintiff’s side. Big Content on one side, Big Content on the other. Both the plaintiff’s and the defendant’s statements fully endorse rampant copyright expansionism. It’s a sock puppet show: the left sock and the right sock may appear to be arguing, but rest assured, they’re two hands on the same person.

Despite what MySpace says, the DMCA “safe harbor” clause does not require an Internet service provider to protect itself from lawsuits. It doesn’t require audio fingerprinting, either. In fact, the only thing the DMCA “safe harbor” requires is takedown on demand.

Seriously, that’s all.

But by proclaiming stuff like audio fingerprinting to be evidence that MySpace is on the right side of the law, MySpace is setting the bar higher than the DMCA requires, in the mind of the news-reading public. MySpace’s corporate cousins the RIAA and MPAA distort copyright law to the public; no surprise that MySpace does, too.

Don’t be fooled. Both the left sock and the right sock here are pantomiming a world where Internet service providers have to go far, far beyond the DMCA to appease copyright holders. Such a world is pure fiction, but one that both the plaintiff and the defendant want to make a reality.

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