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US COngress about to pass a bill with a draconian copyright law inserted in it
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TheNewLab:
Hey, I will also post this as a separate thread. It is realted.

I get regular emails from the Elctronic Frontier Foundation (EFF).
There is a bill before US congress, where in reading in detail says that if someone just "claims" copyright infringement, the new law would give us only a short window to respond, and then get hit with a $30,000 penalty. That is you and me, that is any one of us posting a meme or a video we make and post anywhere, including social media sights.
THIS will affect all of us

You may also go to the eff website to learn even more.
https://act.eff.org/action/tell-congress-don-t-let-a-quasi-court-bankrupt-internet-users-a9e11873-62f9-4fa1-a05e-675474e095e5

Below is the text of the email: 



three stacked bills labeled 10,000 with a copyright symbol in the middle

We are at a critical juncture in the world of copyright claims. The “Copyright Alternative in Small-Claims Enforcement Act”—the CASE Act—is apparently being considered for inclusion in next week’s spending bill. That is “must pass” legislation—in other words, legislation that is vital to the function of the government and so anything attached to it, related to spending or not, has a good chance of becoming law. The CASE Act could mean Internet users facing $30,000 penalties for sharing a meme or making a video. It has no place in must pass legislation.

Take Action
Stand up for free speech online

The CASE Act purports to be a simple fix to the complicated problem of online copyright infringement. In reality, it creates an obscure, labyrinthine system that will be easy for the big players to find the way out of. The new “Copyright Claims Board” in the Copyright Office would be empowered to levy large penalties against anyone accused of copyright infringement. The only way out would be to respond to the Copyright Office—in a very specific manner, within a limited time period. Regular Internet users, those who can’t afford the $30,000 this “small claims” board can force you to pay, will be the ones most likely to get lost in the shuffle.

The CASE Act doesn’t create a small-claims court, which might a least have some hard-fought for protections for free expression built in. Instead, claims under the CASE Act would be heard by neither judges or juries, just “claims officers.” And CASE limits appeals, so you may be stuck with whatever penalty the “claims board” decides you owe.

Previous versions of the CASE Act all failed. This version is not an improvement, and Congress has not heard enough from those of us who would be most affected by CASE: regular, everyday Internet users who could end up owing thousands of dollars. Large, well-resourced players will not be affected, as they will have the resources to track notices and simply opt out.

How do we know that the effect of this bill on people who do not have those resources has not been understood? For one thing, Representative Doug Collins of Georgia said in an open hearing any claim with a $30,000 cap on damages was “truly small.” Of course, for many many people – often the same people who don’t have lawyers to help them opt-out in time – paying those damages would be ruinous.

That’s why we’re asking you to take some time today to call and tell your representatives how dangerous this bill really is and that has no place being snuck through via a completely unrelated “must pass” spending bill.

Tell Congress that a bill like this has no place being added to any spending bill. That it must rise or fall on its own merits and that there are people who will be harmed and who are speaking out against this bill.


Thank you,


Katharine Trendacosta
Activism Team | Electronic Frontier Foundation
bson:
Uhm, it's an arbitration board.  Participation is voluntary.  It doesn't replace anything, and is intended to simplify and expedite copyright litigation.  $30000 is a cap on the arbitration and anything beyond that needs to be taken to a regular civil court just like today.  I know if I'm sued for copyright infringement I'd rather have it go to arbitration than have to deal with the costs, time, and uncertainty of the years of litigation involved with a court process. That could easily cost more than $30k in counsel bills alone!

From the bill (HR 2426):

Participation in board proceedings is voluntary with an opt-out procedure for defendants, and parties may choose instead to have a dispute heard in court. If the parties agree to have their dispute heard by the board, they shall forego the right to be heard before a court and the right to a jury trial. Board proceedings shall have no effect on class actions.
magic:
If the act imposes additional obligations to take down content on notification (as OP implied, though I don't see it in the quoted EFF letter) or reduces costs / expedites the process for the suing party then you bet your ass it will be abused by lawyered up companies in instances of fair use or even completely made up allegations. Business as usual.

That being said, isn't it the same spending bill which Trump is supposed to veto over Section 230? :popcorn:
duckduck:
I worked at an international law firm that (among many many other things) sued copyright infringers. We had at least one commercially available database subscription that listed all of the arbitrators and their past decisions (pro-corporate or against). Guess who this arbitration board will be stacked with? This new arbitration board proposal wasn't created in response to an outcry from the public, and it certainly won't do anything to improve the lives of common folk.
Tom45:

--- Quote from: duckduck on December 08, 2020, 07:13:41 pm ---.. it certainly won't do anything to improve the lives of common folk.

--- End quote ---

Few laws do.
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