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Ragnarork 14 hours ago

> In addition to the damages award, Rakoff entered a permanent worldwide injunction

Because apparently U.S. courts and judges can do that. The more this is ignored by third-parties outside of the U.S., the better.

I'm not against international cooperation regarding common rules (I'm rather for), but the current context certainly doesn't designate the U.S. as a responsible custodian/enforcer of such rules.

ezst 6 hours ago | parent | next [-]

Cory Doctorow made a whole CCC speech about this.

cooprh 6 hours ago | parent | next [-]

His talks are all fantastic

dzogchen an hour ago | parent | prev [-]

https://media.ccc.de/v/39c3-a-post-american-enshittification...

6 hours ago | parent | prev | next [-]
[deleted]
BiteCode_dev 13 hours ago | parent | prev | next [-]

It's infuriating but practically true. I had a few services that received illegitimate DMCA notices that I ignored. They were either blatantly fraudulent, automated junk or just not applicable to the law of the country where I'm hosting.

They escalated to either my hosting or my domain name provider, who then threatened to cut me off for not complying. No discussion with them would work in my favor. I had to comply with this BS. I got cut off several times for completely wrong reasons.

They don't care. It's not worth the legal risk for them. I'm not big enough.

So in the end, the US CAN indeed do that.

toyg an hour ago | parent | next [-]

Did you engage any lawyer/solicitor? Companies don't care about individuals, but they do fear lawyers.

buccal 13 hours ago | parent | prev [-]

You should consider Cloudflare. They don't care if you use their services for criminal purposes.

subscribed 6 hours ago | parent | next [-]

So if you're fraudulently accused of wrongdoing that makes you a criminal?

Nice, nice....

Dylan16807 18 minutes ago | parent | next [-]

My interpretation was "if they'll serve criminals, they won't care if someone accuses you of a crime".

But that doesn't apply to cloudflare hosting so it still comes across as a pointless snipe.

HDThoreaun 5 hours ago | parent | prev [-]

In this case, yes. Ignoring invalid dmca requests is not a legal way to deal with them.

ndsipa_pomu 9 hours ago | parent | prev [-]

Receiving illegitimate DMCA notices is not the same as hosting criminal services.

gib444 13 hours ago | parent | prev [-]

Immediately makes me think of the vitriol here on HN for the UK trying to enforce their age verification law outside their borders. Will the principle stand, or will it reveal that "USA is always right" is a common held belief

pjc50 13 hours ago | parent | next [-]

USA claiming global jurisdiction over internet copyright matters goes back a long way. The case that "radicalized" me was https://en.wikipedia.org/wiki/United_States_v._Elcom_Ltd. , which was 25 years ago!

The other such case establishing global financial jurisdiction, often cited by cryptocurrency adopters, is https://en.wikipedia.org/wiki/United_States_v._Scheinberg - "Pokerstars".

It's wild to read "the U.S. Congress passed UIGEA to extend existing gambling laws into cyberspace. The law made processing payments for online gambling a crime" in the light of how prevalent online gambling is now in the US mainstream, with sports betting, Kalshi, Polymarket and so on.

Aurornis 6 hours ago | parent | next [-]

This isn't a unique USA thing. Many countries will allow lawsuits against international entities if you can demonstrate harm within the jurisdiction.

Practically speaking it doesn't matter much when small countries do this because it doesn't mean much, other than maybe the owners of the country can't travel there any more. It hits headlines when the USA does it because being barred from traveling to the USA or working with US companies causes a lot of problems.

reactordev 7 hours ago | parent | prev [-]

The laws of the US have always been crafted to protect the interests of the elite, not the industrious.

mystraline 6 hours ago | parent [-]

Sure has.

And even policing protects local monied interests.

One case was someone who used their bike as their vehicle put a tracker on it. Was stolen. Tracker dutifully said where it was. Went to police station, they did absolutely shit. They were handed the bike receipt, token receipt, and realtime log. They DGAF.

Years ago, worked at Walmart. They illegally edited my hours and thieved $100 and change. Put in police report, was told "CIVIL MATTER".

But if you stole $100 from a register, off to jail you go.

The laws protect monied interests and the elite, not the masses.

Aurornis 6 hours ago | parent | next [-]

> Years ago, worked at Walmart. They illegally edited my hours and thieved $100 and change. Put in police report, was told "CIVIL MATTER"

Too late now, but for future reference for others: Wage theft reports should go to your state's department of labor. Every state is different but from what I've seen these offices have people who are hungry to catch real wage claims. Companies listen up when the state department of labor comes knocking.

reactordev 6 hours ago | parent [-]

used to be the case before the government was gutted.

bit-anarchist 5 hours ago | parent | next [-]

This is under state jurisdiction, not federal.

selectodude 5 hours ago | parent | prev [-]

Fortunately this would be handled by state government, which is cold comfort if you live in the half of the country that is governed by people who hate you for having the audacity to be poor.

elzbardico 4 hours ago | parent [-]

In places like Florida probably this department runs a blacklist of people who complained to be distributed across HRs.

calfuris 33 minutes ago | parent [-]

Florida got rid of that department in 2002.

mystraline 14 minutes ago | parent [-]

I live in Indiana. MAGA governor, supermajority republican house, senate, and judges.

And, no, they do not care one bit about workers, renters, and the lower class. I'm solidly middle-upper class now. Home-morgage-r. Make remote 160k, which is amazing for the area.

I also live in 1 of 3 liberalish areas. Amazingly, theyre worse in things like FLOCK, taxation, gun rights, speech rights, jail decency (opposition to ACLU), and other amendment rights.

I dont sit in their pet issues. I dont matter. I likely won't ever matter.

dpoloncsak 4 hours ago | parent | prev | next [-]

Realistically, what did you want to happen? The cop to check the computer logs and see who changed your hours? Was it even someone in the store, or from corporate? Jurisdiction can get messy...

Proving someone intentionally changed your hours as opposed to a mistake or software bug is not the police's job. It quite literally is a civil crime and belongs in civil court, not criminal. I don't even think most police are trained in civil laws. (Atleast, not in my state?)

Catching someone who takes money out of a cash register is their job. That's textbook theft, a criminal activity.

I hate cops as much as the next guy, possibly more, but that just doesn't seem like their area

FWIW, the government is still (supposedly) working to resolve your issue...your tax dollars are still at work. Judge, Public Defender, blah blah blah....It's just not the job of a first responder

mystraline an hour ago | parent [-]

I want the same if the company had called the cops for a theft of $100 from a drawer.

If the company's rep calls, I go to jail.

If I call, diddly shit happens.

booleandilemma 6 hours ago | parent | prev [-]

Life makes a lot more sense when you realize the government, or at least this government, doesn't actually care about you.

Aurornis 6 hours ago | parent | prev | next [-]

> Immediately makes me think of the vitriol here on HN for the UK trying to enforce their age verification law outside their borders

The UK and US aren't unique in this regard. The concept of piracy has been commonly treated as a topic with universal jurisdiction that expands beyond borders, going back to the time when piracy meant people on boats in international waters. I'll be honest that I don't know if or how those laws correspond to digital piracy, but countries have long considered international piracy to be something their domestic courts can go after.

Practically speaking you can always choose to ignore it if you don't have offices or assets in that country and you're okay with never traveling there for the rest of your life. You also have to avoid countries with mutual extradition agreements because many countries will offer to extradite for certain crimes with the expectation that the other country will return the favor.

The UK age verification enforcement isn't a good comparison because the UK's overreach extends even to instances where UK citizens are geoblocked. Trying to enforce your country's laws on an operation in a different country which does not even serve your country is something else. For a recent example look at the online depression forum that is being threatened by the UK even though they've geoblocked UK users - Immediately makes me think of the vitriol here on HN for the UK trying to enforce their age verification law outside their borders

wahern 5 hours ago | parent | next [-]

FWIW, "piracy" of copyrighted works and maritime piracy are completed unrelated legal concepts. Piracy in this context is just a rhetorical euphemism intended for moral framing, and doesn't have any meaningful legal import, notwithstanding that lawyers and judges use it like everybody else.

Relatedly, see Stallman's essay, Did You Say "Intellectual Property"? It's a Seductive Mirage: https://www.gnu.org/philosophy/not-ipr.html While courts understand "piracy" is euphemistic, the phrase "IPR" has been quite successful in shaping legal theories and jurisprudence.

EDIT: The correct word here isn't euphemism, but dysphemism. TIL. https://en.wikipedia.org/wiki/Dysphemism

cwillu 5 hours ago | parent | prev [-]

Please don't equivocate “the concept of piracy” as if copyright infringement has any relation to kidnapping and murder.

fluffybucktsnek 5 hours ago | parent [-]

I think you're missing the point. Piracy, "digital" or real, has always been something that extended beyond borders. They are alleging this is probably due to governments doing said equivocation, in digital piracy case's, although I think it has more to do with the international treaties.

cwillu 3 hours ago | parent [-]

No, I'm certain that you are: “piracy” doesn't exist as a coherent umbrella term that contains both naval piracy and copyright infringement, and the latter has certainly not “always” been enforced beyond borders.

MarsIronPI 5 hours ago | parent | prev | next [-]

I've been against the UK trying to shove its regulations everywhere and I'm just as against the US doing it.

SpicyLemonZest 7 hours ago | parent | prev | next [-]

I don't understand why it makes you think of that, this is a completely different situation. If Anna's Archive were an upstanding site run by a known operator in compliance with UK law, I would definitely be highly critical of this ruling. But it's actually an anonymously run site that violates most countries' copyright laws and is blocked in the UK.

GolfPopper 5 hours ago | parent [-]

>an upstanding site run by a known operator

Like Open AI?[1] Or the United States government?[2] While this may not be what you intend, it seems you're suggesting that "upstanding" and "known" parties (i.e. participants with wealth and influence) ought to be above the law.

1. https://www.artificialintelligence-news.com/news/study-claim...

2. https://en.wikipedia.org/wiki/Use_of_copyrighted_works_by_th...

SpicyLemonZest 4 hours ago | parent [-]

I don't see what wealth and influence have to do with it. I think that if Website X is owned by a resident of, operated within the borders of, and complies with the laws of Country A, Country B should not try to bully the operator into changing the site. They can order domestic ISPs to block it if they want, or they can not do that if their citizens value Internet freedom.

If the site doesn't comply with the laws of Country A, or if the website operator hides so nobody can figure out which country is Country A, then it's an entirely different story.

redsocksfan45 3 hours ago | parent | prev | next [-]

[dead]

stuffn 6 hours ago | parent | prev [-]

Copying intellectual property is not piracy. This term was co-opted by big industries to insure the cash cattle continue to pay. Piracy has a very specific sting to it. This was a deliberate choice. We don't call burglary "piracy", yet if we relax the definition enough to include IP theft, it is also piracy.

GabeN also had the wrong take in that it's a "supply problem" or whatever nonsense he said. GabeN is in fact an industry plant and owns one of the strictest IP protection platforms on the market. Why people buy on steam when they can ban you for almost anything and take everything you've ever rented (you dont own anything on steam). Thousands of dollars of games gone with a ban. In any normal world this would be tantamount to grand theft and a small business owner would actually face real prison time for it.

You can't "steal" something that isn't gone when it's stolen. If I walked into a house, took a necklace, and left an exact unaltered copy I'd at best be charged with a lesser crime that didn't include theft. But if you copy movies/music/software you're liable to have your entire life absolutely financially and possibly criminally ruined.

The government of the US is hardly a government for the people, by the people. It's strictly designed to enrich the few and consume "human resources".

GolfPopper 4 hours ago | parent | next [-]

>Copying intellectual property is not piracy. This term was co-opted by big industries to insure the cash cattle continue to pay.

Without weighing in on the merits or morals of copying intellectual property, the term 'piratical booksellers' was used in a British House of Commons speech by Thomas Babington Macaulay in 1841. (The speech itself is superb and well worth reading. I included one passage below.)

"At present the holder of copyright has the public feeling on his side. Those who invade copyright are regarded as knaves who take the bread out of the mouths of deserving men. Everybody is well pleased to see them restrained by the law, and compelled to refund their ill-gotten gains. No tradesman of good repute will have anything to do with such disgraceful transactions. Pass this law: and that feeling is at an end. Men very different from the present race of piratical booksellers will soon infringe this intolerable monopoly. Great masses of capital will be constantly employed in the violation of the law. Every art will be employed to evade legal pursuit; and the whole nation will be in the plot… Remember too that, when once it ceases to be considered as wrong and discreditable to invade literary property, no person can say where the invasion will stop. The public seldom makes nice distinctions. The wholesome copyright which now exists will share in the disgrace and danger of the new copyright which you are about to create."

https://www.thepublicdomain.org/2014/07/24/macaulay-on-copyr...

Dylan16807 14 minutes ago | parent | prev | next [-]

Did you take an argument that it's not theft and change the words?

Unlike theft, the word piracy is fine. Nobody thinks you're talking about ships, and the "specific sting" is negligible.

TomasBM 5 hours ago | parent | prev | next [-]

While I also find various approaches and reasons behind IP governance dumb, copying IP is piracy. In practice, copying some things is unlawful, regardless if we think it shouldn't be or if piracy once only referred to naval burglary.

If you copy a book in a bookstore, or leave a perfect synthetic copy of a natural diamond you take, you'll likely be charged with something. Digitally, that's much a clearer legal charge because copying is easier. So, neither is theft, but that doesn't make it lawful either.

There are valid reasons for enforcing IP rights digitally, because "all content should always be free" doesn't pay the bills when all you (can or want to) do is produce content. No existing society agrees that content producers should be subsidized, so in a society dependent on "earn for yourself", content producers shouldn't be punished.

But the punishment does exceed the severity of the "crime" by a lot, I agree.

MarsIronPI 5 hours ago | parent [-]

I'm pretty sure piracy also includes threats to phisical security by the pirates. No such thing here. Let's not dilute the meaning of the word.

triceratops 5 hours ago | parent | prev | next [-]

> If I walked into a house, took a necklace, and left an exact unaltered copy I'd at best be charged with a lesser crime that didn't include theft

Idk what law books you've been reading but this isn't true.

patrickmcnamara 6 hours ago | parent | prev | next [-]

I never understand these positions. How do authors make money selling books if someone can legally copy it and give it out for free?

TomasBM 5 hours ago | parent | next [-]

It's not necessarily incompatible: authors can make money in ways that don't depend on enforcing IP or even the number of books sold. For example, Patreon, Kickstarter, government subsidies, payment for number of books written, grants, etc.

However, all those other ways are more difficult to set up, and can be risky for the funders, so IP enforcement is the least-worst solution.

newer_vienna 5 hours ago | parent | prev | next [-]

Commissions, grants, advertisements, sponsorships, donations, teaching... There's already an enormous ecosystem of artists and authors who work outside of the copyright realm (blog writers, substackers, social media artists, youtube creators, soundcloud rappers) and who make money enough to pursue their passion and whose business model would be totally unchanged if copyright were abolished entirely tomorrow. When their work is downloaded or shared or copied or linked or edited or remixed they appreciate it and see it as a multiplication of their artistic impact.

compass_copium 5 hours ago | parent | prev [-]

I dunno, the same way they did for decades with public libraries?

zzzoom 3 hours ago | parent | prev | next [-]

> GabeN also had the wrong take in that it's a "supply problem" or whatever nonsense he said.

It is a supply problem. Steam regional pricing and game passes have demolished piracy in countries where people wouldn't have dreamed of paying for a game 15 years ago. And so did Netflix for a while with video, but then everyone had to jump on the bandwagon and now piracy is flourishing again.

fluffybucktsnek 5 hours ago | parent | prev | next [-]

To call Steam one of the strictest IP protection platforms is so laughably innacurate, it's basically wrong. Its DRM is trivial to bypass (specially compared to others), and I have yet to see a case where they banned someone for something stupid in a way that made them lose access to their library.

Otherwise, I agree with the spirit of your comment.

alex1138 5 hours ago | parent | prev [-]

This isn't so relevant but Steam is actually very annoying to use. No easy settings to disable some of the overlays. I played Final Fantasy 7 and it was some gimped out graphics version, although SE (Square Enix) is also a kind of litigious company

nemomarx 5 hours ago | parent [-]

Steam only adds one overlay (which is pretty easy to toggle off). if you have another graphic change or overlay it's the devs or publisher who added it

There's a per game toggle for their UI overlay basically and you just need to uncheck a box