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David Bridburg

2 Years Ago

Copyright And Suing Cloudflare

This is from Bruce Schneier's news letter. He is an expert in cyber security. His comment is at the bottom of this. His emails are public information.

Suing Infrastructure Companies for Copyright Violations
[2021.10.13] It’s a matter of going after those with deep pockets. From Wired:

Cloudflare was sued in November 2018 by Mon Cheri Bridals and Maggie Sottero Designs, two wedding dress manufacturers and sellers that alleged Cloudflare was guilty of contributory copyright infringement because it didn’t terminate services for websites that infringed on the dressmakers’ copyrighted designs....

[Judge] Chhabria noted that the dressmakers have been harmed “by the proliferation of counterfeit retailers that sell knock-off dresses using the plaintiffs’ copyrighted images” and that they have “gone after the infringers in a range of actions, but to no avail -- every time a website is successfully shut down, a new one takes its place.” Chhabria continued, “In an effort to more effectively stamp out infringement, the plaintiffs now go after a service common to many of the infringers: Cloudflare. The plaintiffs claim that Cloudflare contributes to the underlying copyright infringement by providing infringers with caching, content delivery, and security services. Because a reasonable jury could not -- at least on this record -- conclude that Cloudflare materially contributes to the underlying copyright infringement, the plaintiffs’ motion for summary judgment is denied and Cloudflare’s motion for summary judgment is granted.”

I was an expert witness for Cloudflare in this case, basically explaining to the court how the service works.

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David Bridburg

2 Years Ago

Reminder we are not lawyers.

The implication here is that other major online services such as Google Search would also be somewhat immune.

 

John Haldane

2 Years Ago

I think that is a bad decision by the judge. I know what law says (even though I am not a lawyer) but Cloudflare is "aiding and abetting" the theft of copyright once they have been notified that they are allowing thieves to "pass through" their control.

Changes need to be made.

 

Dan Carmichael

2 Years Ago

LOTS of changes need to be made.
Many tech giants need to be reigned in or broken up.
Don't hold your breath. Ain't gonna' happen.

 

David Bridburg

2 Years Ago

On topic

The big tech like Google and Cloudflare are transmitting images etc....websites....the Digital Millennial Copyright Agreement a global agreement allows them the rights of free transmission.

This limits our ability to enforce our copyrights but only in this regard. Google can sell or license our images.

 

Floyd Snyder

2 Years Ago

Dan Carmichael is 100% correct.

Noting is going to change; it is going to get worse.

Oh, sure, there will be a lawsuit here and there that will be successful, but in the greater scheme of things for the average FAA member, it will get worse, not better.

Watch the fallout over the newest Facebook revelations. They may, and that is a big "may," get their hand slapped to the tune of a million-dollar fine or even a $100 million fine but considering the size of FB, that's a slap on the wrist.

If they do not change the current flawed "DNA" of FB, nothing will change as it pertains to the average user. Nothing significant anyway.

 

David Bridburg

2 Years Ago

The focus with FB has shifted to the algorithm taking one idea and then spreading that idea faster than ever before in human history because any hint of popularity is shared wider and faster.

With outright lies that is causing a great deal of damage. Lies travel faster by far than the truth already....ie if someone thinks Hitler was totally innocent birds of a feather are suddenly a flock.

But that is not a copyright matter.

Must add it is not just FB's algorithm, all the SM are doing this.

 

Floyd Snyder

2 Years Ago

No, it is not a copyright matter. But the two are governed with the same indifference by the same governing body, at least in the USA. Everyone is expecting to install controls and hopefully change the flaws of the respective systems. And that is not going to happen anything soon.

 

David Bridburg

2 Years Ago

It will take years if the courts are going to decide this. Congress would need to act to get this done quicker. Not quickly.

Some people assume this is a matter of freedom. But a level playing field is good for the markets. It is not a lack of freedom economically. It is an opportunity for innovation.

 

Gary Whitton

2 Years Ago

Most of the complaints around FB are regarding censorship. Unfortunately the vast majority of people who complain about them, don't even understand where and how the 1st amendment applies. So as much as people think big tech needs to be reigned in, people also need to be educated about the issues. Because at the end of the day, these companies are private businesses, and everybody who signed up and uses the platforms agrees to use them per each company's rules. And if Pandora's box gets opened on over-regulating them, its not just one government we have to concern ourselves getting its finger in the pie. And there is nothing stopping other companies from creating browsers, or social media platforms, its happening all the time. What they haven't been able to do is replicate their appeal or success, and there is no way to mandate those qualities be divided equally and fairly.

 

David Bridburg

2 Years Ago

Gary,

While none of it censorship there is a history of the government demanding by law honesty in broadcasting. Until 1987 or 86 there was a law that the three major networks lived by in honesty in broadcasting. Specifically when reporting the news. The threat was the network be stripped of broadcasting license if they spread lies.

Something along those lines is being applied. If not by FB's and Google's doing the US Congress will insist. A majority of Americans were fed up with the complete bull. This again is being played out with Covid. Spreading lies is great for vitamin salesmen but rational people will come for them with metaphorical pitchforks.

 

Gary Whitton

2 Years Ago

David,

Interesting you mention that, because I going to speculate that the folks harping the most about Big tech right now, are the last ones that want a return to the fairness doctrine. I'd love to see its return personally, but to be fair it needs to be across all platforms, internet, TV, cable, radio, etc.

 

David Bridburg

2 Years Ago

100%

 

This discussion is closed.