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Web censorship bill sails through Senate committee
Daily Caller ^ | 11/19/2010 | Sam Gustin

Posted on 11/19/2010 5:41:04 AM PST by markomalley

On Thursday, the Senate Judiciary Committee unanimously approved a bill that would give the Attorney General the right to shut down websites with a court order if copyright infringement is deemed “central to the activity” of the site — regardless if the website has actually committed a crime. The Combating Online Infringement and Counterfeits Act (COICA) is among the most draconian laws ever considered to combat digital piracy, and contains what some have called the “nuclear option,” which would essentially allow the Attorney General to turn suspected websites “off.”

COICA is the latest effort by Hollywood, the recording industry and the big media companies to stem the tidal wave of internet file sharing that has upended those industries and, they claim, cost them tens of billions of dollars over the last decade.


TOPICS: Breaking News; Government
KEYWORDS: 1shot1kill; abuseofpower; baraq0ut; bigmedia; censorship; coica; competition; copyright; democrats; electricityrates; electricskyrocket; fail; fairuse; internet; judicialtyranny; liberalfascism; monopoly; mpaa; obamunism; ofacapandtradesystem; piracy; publicdomain; riaa; skyrocket; spain4only75000day; unconstitutional; undermyplan; wagya4just100pound; wouldnecessarily
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You can read the bill here. The interesting part about this bill is that it modifies Title 18 of the US Code (crimes) and not Title 17 (copyrights). In addition, it authorizes the AG to do the virtual equivalent of confiscation of property without any judicial review beforehand. The only judicial review is a civil matter if the person whose website was taken down decides to file a civil action in court thereafter.

My concerns are not trying to defend those who are stealing others' intellectual property but that this sets up a really, really, really bad precedent that could be applied in other areas of government censorship. Say, for example, if they want to shut down Free Republic. They would shut down the site and then force JimRob to hire a lawyer and go after them in order to get that order lifted.

Not the way things are supposed to work in this country, last time I checked.

1 posted on 11/19/2010 5:41:08 AM PST by markomalley
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To: markomalley

This is such a bad, stinking idea it isn’t funny. “Let’s give the government more power...” Police state, anyone????


2 posted on 11/19/2010 5:43:44 AM PST by Jerrybob
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To: Jim Robinson

ping


3 posted on 11/19/2010 5:43:54 AM PST by anniegetyourgun
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To: markomalley

No one would be surprised if under the Obama-DNC-Fascists
that melanin content was discussed in the law, or that
genital and rectal probes would be allowed for the government.


4 posted on 11/19/2010 5:44:36 AM PST by Diogenesis ('Freedom is the light of all sentient beings.' - Optimus Prime)
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To: markomalley

More Government censorship...oh boy! I just cant wait for the entire internet to get back to every website 24 hour O’bama coverage. No more need for real news. O’bama can tell us everything we need to know...


5 posted on 11/19/2010 5:45:08 AM PST by 2dollarbill
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To: markomalley

Big Media has made “copyright protection” as task for Homeland Security (and no I am not using hyperbole).

The Red Diaper Doper Babies are killing this nation.


6 posted on 11/19/2010 5:45:42 AM PST by a fool in paradise (The establishment clause isn't just against my OWN government establishing state religion in America)
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To: markomalley; rdb3; Calvinist_Dark_Lord; GodGunsandGuts; CyberCowboy777; Salo; Bobsat; JosephW; ...

7 posted on 11/19/2010 5:45:57 AM PST by ShadowAce (Linux -- The Ultimate Windows Service Pack)
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To: markomalley

hmmmm......end of FR!?!?!?

If somebody posts 3 or more words protected by copywrite, we’re toast!


8 posted on 11/19/2010 5:46:40 AM PST by G Larry (When you're "RIGHT" you don't look for ways to compromise!)
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To: markomalley

These clowns just don’t learn.


9 posted on 11/19/2010 5:46:55 AM PST by Arm_Bears (I'll have what the gentleman on the floor is drinking.)
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To: Jerrybob

Not just “the government” - the ERIC (the Red) Holder Government, overseers of the Department of Selective Justice

Hey lefties, would this have “sailed through” if John Ashcroft or SARAH PALIN was the AG?

C’mon 2012.


10 posted on 11/19/2010 5:46:59 AM PST by silverleaf (All that is necessary for evil to succeed, is that good men do nothing)
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To: markomalley

bad news


11 posted on 11/19/2010 5:49:01 AM PST by sauropod (The truth shall make you free but first it will make you miserable.)
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To: markomalley
The Combating Online Infringement and Counterfeits Act (COICA) is among the most draconian laws ever considered to combat digital piracy, and contains what some have called the “nuclear option,” which would essentially allow the Attorney General to turn suspected websites “off.”

Our p*ssy of a president is ABSOLUTELY unwilling to use nuclear weapons and seeks to end our nuclear capacity. Yet he is perfectly damned willing to establish a "nuclear option" against his own citizens.

12 posted on 11/19/2010 5:49:48 AM PST by a fool in paradise (The establishment clause isn't just against my OWN government establishing state religion in America)
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To: Arm_Bears
They're not clowns, they're maniacally on track to take America down.

I fear we will meet in the streets.

13 posted on 11/19/2010 5:50:27 AM PST by knarf (I say things that are true ... I have no proof ... but they're true)
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To: markomalley

China


14 posted on 11/19/2010 5:52:27 AM PST by Texas resident (Hunkered Down)
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To: silverleaf
the ERIC (the Red) Holder Government

Holder is just like Reno.....don't sneeze unless he gets the OK from Dumbo

15 posted on 11/19/2010 5:54:32 AM PST by Doogle ((USAF.68-73..8th TFW Ubon Thailand..never store a threat you should have eliminated))
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To: markomalley

If anything we should build a virtual
“Great Wall of America” to keep the Chinese out of OUR internet.

It IS our greatest weakness right, it affects almost every aspect of our lives, the Chinese can hack anything, from disabling your car to virtual phone message spoofing.

I can visualize a massive attack from them enabling any cellphone to go berserk, calling porn sites, of which then a bill like this would effectively then shut down all cellphone service in America.


16 posted on 11/19/2010 5:54:32 AM PST by Eye of Unk (If your enemy is quick to anger, seek to irritate him. Sun Tzu, The Art of War.)
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To: markomalley

(COICA) = BOHICA........................


17 posted on 11/19/2010 5:55:01 AM PST by Red Badger (The House finally fell on Nancy Pelosi..........)
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To: Red Badger

Looks like the dems aren’t ‘retreating’....they are ‘reloading’.


18 posted on 11/19/2010 5:58:14 AM PST by Blue Turtle
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To: markomalley

The obvious work around is off shore hosting.

Wonder if they plan to block traffic from “offending” sites as well? That is the real question.

I’ve heard Limewire was shutdown.


19 posted on 11/19/2010 5:58:35 AM PST by IamConservative (Our collective common sense; the only thing a 1.5GPF toilet ever flushed on the first pull.)
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To: Arm_Bears

Many people thought the election would slow the leftists down. It has only convinced them they must try harder.


20 posted on 11/19/2010 6:03:48 AM PST by driftdiver (I could eat it raw, but why do that when I have a fire.)
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To: IamConservative
"The obvious work around is off shore hosting."

Won't work. The US owns all the domain name servers running the Internet.

21 posted on 11/19/2010 6:06:27 AM PST by avacado
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To: Blue Turtle

Marxists-Communists-Socialists never give up. And they never learn..................


22 posted on 11/19/2010 6:06:40 AM PST by Red Badger (The House finally fell on Nancy Pelosi..........)
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To: markomalley

The ACLU wants to charge GW Bush for torture yet will be completely silent on freedom of press violations by the federal government.

What a bizarre world we now live.


23 posted on 11/19/2010 6:08:56 AM PST by Le Chien Rouge
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To: silverleaf

“C’mon 2012.”

Wondering if 2012 would happen if this gets passed. Seems to me ‘THEY’ would have total control of what is said about anything, and everything from that point on.

Combine this potential censorship of the web with their control of the MSM, their rampant fraud, and never forget their control of all the bureaucracies staffed with their own, and we have one “H” of an obstacle to overcome.

‘They’ would have total control of our communications not only Nationwide.


24 posted on 11/19/2010 6:09:36 AM PST by rockinqsranch (Dems, Libs, Socialists, call 'em what you will, they ALL have fairies livin' in their trees.)
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To: Blue Turtle
“unanimously approved” ?
Where are the Republicans on this committee?
25 posted on 11/19/2010 6:11:55 AM PST by conejo99
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To: driftdiver

Many people thought the election would slow the leftists down. It has only convinced them they must try harder.”

Do their mischeif quicker.


26 posted on 11/19/2010 6:13:26 AM PST by ridesthemiles
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To: rockinqsranch
If they take down the internet and talk radio- then back to the liberty tree and posters on trees in the town square.

The obamites can hire an army to pull down the flyers every day. Full employment guaranteed.

We beat the British army. If necessary we cheeky yanks can circumvent a red diaper-led leftist oligarchy. We are not Ukrainian peasants. Americans (traditional value ones) are too irreverent and resourceful to be suppressed by dictators ....I hope.

Let's see what happens on “opt out” day.

27 posted on 11/19/2010 6:18:31 AM PST by silverleaf (All that is necessary for evil to succeed, is that good men do nothing)
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To: markomalley

Sounds like the end of conservaive internet sites - pretty soon Freepers will be gone. Townhall.com hotair, drudgereport and so on and so forth. It has been nice knowing you all. how much longer we are allowed to speak to one another will be determined. Wait a moment there is a government car driving up, there a two men in it and they have a very big scissors and they are now coming to the door. i better send this quick, they are breaking down the door ....


28 posted on 11/19/2010 6:19:29 AM PST by hondact200 ( Lincoln Freed the Enslaved. Obama Enslaves the Free. Obama is Americas Greatest Threat)
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To: markomalley; All

The problem with these types of bills is both parties generally are in bed with the MPAA and RIAA, so they just sail through.

We are screwed. Zero chance to stop this.

Zero.


29 posted on 11/19/2010 6:20:41 AM PST by rwfromkansas ("Carve your name on hearts, not marble." - C.H. Spurgeon)
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To: markomalley

Anyone have a break down on the vote? I’m wondering how my senator voted.


30 posted on 11/19/2010 6:21:51 AM PST by rfreedom4u ("A patriot must always be ready to defend his country against his government.")
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To: SunkenCiv; LucyT

“... regardless if the website has actually committed a crime.”


31 posted on 11/19/2010 6:22:01 AM PST by Arthur Wildfire! March (Economic reform? Great. But without education reform -- history will repeat itself.)
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To: Blue Turtle

“Looks like the dems aren’t ‘retreating’....they are ‘reloading’”

That’s for sure. Does anybody in the GOP not understand what we’re dealing with here? “Go along to get along” is no longer an option if we’re to get our country back.


32 posted on 11/19/2010 6:29:51 AM PST by MichaelCorleone
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To: MichaelCorleone
COICA - S3804

Sponsored by Sen. Patrick Leahy (D-VT)

17 co-Sponsors, including: Alexander (R-TN), Coburn (R-OK), Grahamnesty (R?-SC), Grassley, Hatch & Voinovich...

Now what? Can S3804 be stopped?

33 posted on 11/19/2010 6:34:12 AM PST by Jane Long (2 Chron 7:14)
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To: knarf
I fear we will meet in the streets.

I pray we will meet in the streets.

34 posted on 11/19/2010 6:35:01 AM PST by Lazamataz (Pelosi: Like a rapist, PROUD of their handiwork.)
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To: G Larry
"If somebody posts 3 or more words protected by copywrite, we?re toast!"

A, and, & the. See how easy it would be to shut down anyone... Sounds like the burden would then be on the guilty until proven innocent to go to court. This sounds like the French system.

35 posted on 11/19/2010 6:38:38 AM PST by Truth29
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To: rfreedom4u
Senate Committee Approves Web Censorship By Unanimous Vote!?
36 posted on 11/19/2010 6:38:53 AM PST by Servant of the Cross (NPR: Air America with government funding to keep them alive)
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To: markomalley; Jim Robinson; John Robinson
Actually, I have an idea that would make this (government shutdowns) impossible to enforce against Free Republic.

It involves using the peer-to-peer model.

We might have to work fast.

37 posted on 11/19/2010 6:38:57 AM PST by Lazamataz (Pelosi: Like a rapist, PROUD of their handiwork.)
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To: anniegetyourgun

Once upon a time, I was invited to the White House for a private dinner with the President. I am a respected businessman, with a factory that produces memory chips for computers and portable electronics. There was some talk that my industry was being scrutinized by the administration, but I paid it no mind. I live in a free country. There’s nothing that the government can do to me if I’ve broken no laws. My wealth was earned honestly, and an invitation to dinner with an American President is an honor I checked my coat, was greeted by the Chief of Staff, and joined the President in a yellow dining room.

We sat across from each other at a table draped in white linen. The Great Seal was embossed on the china. Uniformed staff served our dinner. The meal was served, and I was startled when my waiter suddenly reached out, plucked a dinner roll off my plate, and began nibbling it as he walked back to the kitchen. “Sorry about that,” said the President. “Andrew is very hungry.” “I don’t appreciate...” I began, but as I looked into the calm brown eyes across from me, I felt immediately guilty and petty. It was just a dinner roll. “Of course,” I concluded, and reached for my glass. Before I could, however, another waiter reached forward, took the glass away and swallowed the wine in a single gulp. “And his brother Eric is very thirsty.” said the President.

The President is testing my compassion, I thought. I will play along. I don’t want to seem unkind. My plate was whisked away before I had tasted a bite. “Eric’s children are also quite hungry.” With a lurch, I crashed to the floor. My chair had been pulled out from under me. I stood, brushing myself off angrily, and watched as it was carried from the room. “And their grandmother can’t stand for long.” I excused myself, smiling outwardly, but inside feeling like a fool. Obviously I had been invited to the White House to be sport for some game.

I reached for my coat, to find that it had been taken. I turned back to the President.”Their grandfather doesn’t like the cold.” I wanted to shout- that was my coat! But again, I looked at the placid smiling face of my host and decided I was being a poor sport. I spread my hands helplessly and chuckled. Then I felt my hip pocket and realized my wallet was gone. I excused myself and walked to a phone on an elegant side table. I learned shortly that my credit cards had been maxed out, my bank accounts emptied, my retirement and equity portfolios had vanished, and my wife had been thrown out of our home. Apparently, the waiters and their families were moving in.

The President hadn’t moved or spoken as I learned all this, but finally I lowered the phone into its cradle and turned to face him. “Andrew’s whole family has made bad financial decisions. They haven’t planned for retirement, and they need a house. They recently defaulted on a subprime mortgage. I told them they could have your home. They need it more than you do.” My hands were shaking. I felt faint. I stumbled back to the table and knelt on the floor.

The President cheerfully cut his meat, ate his steak and drank his wine. I lowered my eyes and stared at the small grey circles on the tablecloth that were water drops.”By the way,” He added, “I have just signed an Executive Order nationalizing your factories. I’m firing you as head of your business. I’ll be operating the firm now for the benefit of all mankind. There’s a whole bunch of Erics and Andrews out there and they can’t come to you for jobs groveling like beggars.” I looked up. The President dropped his spoon into the empty ramekin which had been his creme brulee. He drained the last drops of his wine. As the table was cleared, he lit a cigarette and leaned back in his chair. He stared at me. I clung to the edge of the table as if were a ledge and I were a man hanging over an abyss.

I thought of the years behind me, of the life I had lived. The life I had earned with a lifetime of work, risk and struggle. Why was I punished? How had I allowed it to be taken? What game had I played and lost? I looked across the table and noticed with some surprise that there was no game board between us. What had I done wrong? As if answering the unspoken thought, the President suddenly cocked his head, locked his empty eyes to mine, and bared a million teeth, chuckling wryly as he folded his hands he said: “You should have stopped me at the dinner roll”.


38 posted on 11/19/2010 6:39:21 AM PST by mojitojoe (In itÂ’s 1600 years of existence, Islam has 2 main accomplishments, psychotic violence and goat curr)
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To: Blue Turtle
Looks like the dems aren’t ‘retreating’....they are ‘reloading’.

Exactly. Mark Steyn almost had a woman in tears yesterday when he made this point on Rush's show.

The recent election was just a battle, not the end of the war. The Left has plenty of weapons. This law could shut this site down in an instant for just one cross linked picture.

39 posted on 11/19/2010 6:40:07 AM PST by arkady_renko
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To: markomalley
Unanimous:

Jeff Sessions
Orin Hatch
Chuck Grassley
John Kyle
Lindsey Graham
John Cornyn
Tom Coburn

Damn

40 posted on 11/19/2010 6:40:35 AM PST by Protect the Bill of Rights
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To: a fool in paradise; markomalley

You make good points. I hope others see them and start to realize how far this has gotten...I think many don’t understand how bad this is.

And isn’t it funny that many of those who cry “First Amendment!” so loudly are some of the ones who are supporting this subversion of the First Amendment (as well as other Constitutional protections).


41 posted on 11/19/2010 6:40:47 AM PST by Gondring (Paul Revere would have been flamed as a naysayer troll and told to go back to Boston.)
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To: Lazamataz

|I always did like your posts/replies, Laz.


42 posted on 11/19/2010 6:40:52 AM PST by knarf (I say things that are true ... I have no proof ... but they're true)
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To: Jane Long

What the hell is the matter with Coburn? Everyone tells me he is so conservative. Would this be the same Coburn that stated “Nancy Pelosi is a nice person” then berated his audience when they groaned at that statement?


43 posted on 11/19/2010 6:44:59 AM PST by Outlaw Woman (Lock & Load-Coming to a Neighborhood near you)
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To: markomalley

The America I grew up in died a long time ago. Just another step down.


44 posted on 11/19/2010 6:45:19 AM PST by sionnsar (IranAzadi|5yst3m 0wn3d-it's N0t Y0ur5:SONY|TV--it's NOT news you can trust)
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To: markomalley

November 18th, 2010

JUDICIARY COMMITTEE UNANIMOUSLY APPROVES BIPARTISAN HATCH BILL TO COMBAT COPYRIGHT INFRINGEMENT, PIRACY

http://hatch.senate.gov/public/index.cfm?FuseAction=PressReleases.Detail&PressRelease_id=60549ea5-1b78-be3e-e0fa-d3d186588fe6

” WASHINGTON – The Senate Judiciary Committee today approved legislation to combat copyright infringement and the sale of counterfeit goods online. The bipartisan Combating Online Infringement and Counterfeits Act was introduced in September by Senator Orrin Hatch (R-Utah) and Committee Chairman Patrick Leahy (D-Vt.). The Committee voted unanimously, 19-0, to send the legislation to the full Senate for consideration. “.....

“The Combating Online Infringement and Counterfeits Act is cosponsored by Judiciary Committee members Herb Kohl (D-Wis.), Chuck Grassley (R-Iowa), Dianne Feinstein (D-Calif.), Lindsey Graham (R-S.C.), Arlen Specter (D-Pa.), Tom Coburn (R-Okla.), Chuck Schumer (D-N.Y.), Dick Durbin (D-Ill.), Ben Cardin (D-Md.), Sheldon Whitehouse (D-R.I.), and Amy Klobuchar (D-Minn.), and Senators George Voinovich (R-Ohio), Evan Bayh (D-Ind.), Lamar Alexander (R-Tenn.), Kirsten Gillibrand (D-N.Y.) and Bob Menendez (D-N.J.). “


45 posted on 11/19/2010 6:47:19 AM PST by Texas Fossil (Government, even in its best state is but a necessary evil; in its worst state an intolerable one.)
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To: Lazamataz
It involves using the peer-to-peer model.

Better still, go back to using Fidonet

46 posted on 11/19/2010 6:48:31 AM PST by markomalley (Extra Ecclesiam nulla salus)
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To: markomalley

I think this is why it is coming out of committee. But I think this point is deceptive.

..

As per Senate.gov website-

“The bill also provides safeguards allowing the domain name owner or site operator to petition the court to lift the order, and safeguards against abuse by allowing only the Justice Department to initiate an action, and by giving a federal court the final say about whether a particular site would be cut off from supportive services. “


47 posted on 11/19/2010 6:52:50 AM PST by Texas Fossil (Government, even in its best state is but a necessary evil; in its worst state an intolerable one.)
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To: G Larry

That’s absolutely a concern.

The sad thing is, you go to any tech site and the communities are typically 75% liberal. So it’s interesting to see the outrage against the Democrats pushing this crap.

Of course, their criticism is usually limited to “meet the new boss, same as the old boss,” as if Bush tried any of this.


48 posted on 11/19/2010 6:53:30 AM PST by Dan Nunn (Support the NRA!)
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To: markomalley

...if copyright infringement is deemed “central to the activity” of the site — regardless if the website has actually committed a crime.


Most copyright infringement is not a criminal matter, but is merely a civil violation of private property rights.


49 posted on 11/19/2010 6:53:38 AM PST by Atlas Sneezed ("If you touch my junk, I'm gonna have you arrested.")
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To: Beelzebubba
Most copyright infringement is not a criminal matter, but is merely a civil violation of private property rights.

Not for long - but don't worry, they have put "safeguards" in place for us - the Dept. of Justice and the ability to petition the court. LOL. The government protecting us from itself, with itself.

The Commies are indeed doubling down. Remember that the Food Control law passed through the Senate committee as well a couple of days ago....

50 posted on 11/19/2010 7:01:54 AM PST by Yooper4Life (They all lie.)
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