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An open letter from Boards.ie to Minister Sean Sherlock

  • 26-01-2012 1:49pm
    #1
    Business & Finance Moderators, Entertainment Moderators Posts: 32,387 Mod ✭✭✭✭DeVore


    Boards.ie and Copyright
    Since our inception, Boards has had a policy against copyright breaching Bittorrent links. We've been here for 12 years now and that's been our policy long before anyone came and made us adopt it.

    We do not support piracy.

    We also do not support bad law.

    More than 2 Million different people use Boards every month. We reach a lot of people and a lot of people use us to communicate with each other.

    We employ two full-time staff to respond to take down notices. That is a cost we bear to protect other people's copyright. A cost we do not see recouped from the rights holders.

    We are not slack about this issue.



    Proposed New Law
    Minister Seán Sherlock has proposed a new law which is best explained here: http://www.thejournal.ie/readme/reader-irelands-sopa-a-faq/
    It will be enacted by a single stroke of his pen.


    Why are we opposed to this law?
    1. It is vague in the extreme. There are no details of what is considered a transgression. It isn't clear if the site targeted will even be informed of the proceedings.

    2. The mere threat that allowing a user to post content could land the service in court will ensure that no service allows it. The implications are no more social media for Ireland, who the hell is going to take that risk?? This scares us greatly but will TERRIFY the likes of Google, Twitter, Facebook. Of course we have to stay here and live with it. They and their thousands of jobs, don't.

    3. Its not fair. This is akin to letting Bank of Ireland take proceedings against the National Toll Roads Ltd when a getaway-driver uses the M50. Pretty soon, no one will want to build roads.

    4. It kills innovation and scares away foreign investment. Boards might have the clout and money to fight some of these injunctions. Smaller operators simply won’t.

    5. This wont even work. This will take the pirates 10 minutes to circumvent and I can demonstrate that easily if anyone wants to see.



    Bad Law
    This is the very definition of bad law. It punishes those who are trying to do what is right while doing nothing to stop the criminals. It seems to follow the headless chicken logic of "Something must be done!!! This is something, therefore we must do this!!"

    Why is this being pushed through on the signature of one man without proper consultation with the industry and with the people of Ireland (over 45,000 of whom have already signed a petition against this)?

    It won’t work, its vastly over powered and punishes the wrong people. It’s bad law and I'm asking Minister Sherlock to reconsider it.

    If you wish to contact Minister Sherlock yourself, you can do so via his website: http://www.seansherlock.ie/contact-me/

    Tom Murphy
    Founder. Director.
    tom .at. boards.ie
    @devore
    Tagged:


«13456755

Comments

  • Business & Finance Moderators, Entertainment Moderators Posts: 32,387 Mod ✭✭✭✭DeVore


    There is also www.stopsopaireland.com if you wish to sign their protest petition.

    Or you can contact your td(s) here http://contact.ie/contact


  • Registered Users Posts: 1,864 ✭✭✭empacher


    Trying to understand the wording. But does this mean as little as a youtube video posted here that infringes on copyright could shut this site down?


  • Registered Users Posts: 5,477 ✭✭✭Hootanany


    Signed


  • Registered Users Posts: 6,501 ✭✭✭zg3409


    Full wording here:

    http://www.thejournal.ie/in-full-sean-sherlocks-draft-proposals-for-online-copyright-law-337906-Jan2012/

    R E G U L A T I O N S
    entitled European Union (Copyright and Related Rights) Regulations 2012
    To be made by the Minister for Jobs, Enterprise and Innovation

    I, _____________, Minister for Jobs, Enterprise and Innovation, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972) and for the purpose of giving further effect to Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 O.J. No. L. 167, 22.6.2001, p.10., hereby make the following regulations:

    1. These Regulations may be cited as the European Union (Copyright and Related Rights) Regulations 2012.

    2. The Copyright and Related Rights Act 2000 (No. 28 of 2000) is amended -

    (a) in section 40, by inserting the following subsection after subsection (5):

    (5A) (a) The owner of the copyright in a work may, in respect of that work, apply to the High Court for an injunction against an intermediary to whom paragraph 3 of Article 8 of Directive 2001/29/EC of the European Parliament and of the Council of 22 May 200111 O.J. No. L. 167, 22.6.2001, p.10. on the harmonisation of certain aspects of copyright and related rights in the information society applies.

    (b) In considering an application for an injunction under this subsection, the court shall have due regard to the rights of any person likely to be affected by virtue of the grant of any such injunction and the court shall give such directions (including, where appropriate, a direction requiring a person be notified of the application) as the court considers appropriate in all of the circumstances.”, and

    in section 205, by inserting the following subsection after subsection (9):

    “(9A) (a) The rightsowner of any right conferred by Parts III and IV may, in respect of that right, apply to the High Court for an injunction against an intermediary to whom paragraph 3 of Article 8 of Directive 2001/29/EC of the European Parliament and of the Council of 22 May 200111 O.J. No. L. 167, 22.6.2001, p.10. on the harmonisation of certain aspects of copyright and related rights in the information society applies.

    (b) In considering an application for an injunction under this subsection, the court shall have due regard to the rights of any person likely to be affected by virtue of the grant of any such injunction and the court shall grant such directions (including, where appropriate, a direction requiring a person to be notified of the application) as the court considers appropriate in all the circumstances.”.

    GIVEN under my Official Seal,
    ____________ 2012.

    _________________________
    Minister for Jobs, Enterprise and Innovation.


  • Closed Accounts Posts: 4,725 ✭✭✭charlemont


    Some dose alright..:mad:


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  • Registered Users Posts: 1,775 ✭✭✭Spacedog


    I'm delighted to see this issue raised so prominently in on boards.ie

    I would encourage anyone interested in digital rights issues to look into the good work of done here at home by www.digitalrights.ie and http://www.edri.org in the EU.

    The US have a strong safety net for digital rights issues in the form of the EFF. We need to support similar protection agencies here wherever we can.


  • Business & Finance Moderators, Entertainment Moderators Posts: 32,387 Mod ✭✭✭✭DeVore


    empacher wrote: »
    Trying to understand the wording. But does this mean as little as a youtube video posted here that infringes on copyright could shut this site down?
    Potentially yes. The instrument is so vague (and you can read it for yourself here: http://www.thejournal.ie/in-full-sean-sherlocks-draft-proposals-for-online-copyright-law-337906-Jan2012/) that its not clear that we would even be informed that its happening.

    We could just drop off the irish ISP's DNS's and would be slapped with an injunction.

    There is nothing in the instrument to stop Big Content from sending us 20 injunctions... only their willingness to "play fair".


  • Registered Users Posts: 39,478 ✭✭✭✭KevIRL


    WP on putting up the announcement in such a way. Gonna give it great exposure


  • Registered Users Posts: 1,981 ✭✭✭lynchie


    Using cloud skin, the text doesn't display on that popup.

    Nobody thinks of us cloud skin users anymore :rolleyes:


  • Registered Users Posts: 4,128 ✭✭✭cynder


    Signed, 46939, you would think there would be more!


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  • Registered Users Posts: 1,687 ✭✭✭Media999


    Idiots at it again

    Cowen_I_687682t.jpg


  • Registered Users Posts: 1,530 ✭✭✭CptSternn


    After all the blackouts to stop the Americans it is nothing short of amazing this man thinks he can sneak the same legislation in here without any debate.

    Lets make sure he doesn't ever have the chance to do this again, make sure he is never elected to anything, not even a kids GAA club.


  • Registered Users Posts: 339 ✭✭Elrollo


    Signed, damnit we wont go down without a fight! Sean Sherlock is a joke end of story! :mad:


  • Registered Users Posts: 46 dusterd


    Would this also mean if I copied text from a website and pasted it on here that it would be considered an infringement and therefore shut down this site?

    Is there a question of our democracy here? How can one man sign into law something that will adversly affect the vast majority of the people?

    Keep the internet free!


  • Closed Accounts Posts: 5,731 ✭✭✭Bullseye1


    Signed.


  • Registered Users Posts: 17,568 ✭✭✭✭VinLieger


    Signed

    Was pretty depressing to watch sherlocks complete lack of understanding on the issue. The only bright point was when he almost acknowledged the music industries complete unwillingness to innovate but he quickly backed off.
    He completely ignored the repercussions to small businesses or websites who have no chance of fighting and injunction and the threat to tech job


  • Closed Accounts Posts: 5,029 ✭✭✭ Knox Sparse Scorpio


    Signed.


  • Closed Accounts Posts: 12,898 ✭✭✭✭Ken.


    I left mr.sherlock a message on his site. I love that when i hit submit it showed me the message i'd sent,my email(that i entered) and my ip address.


    Petition signed. Figure at 47133 now


  • Registered Users Posts: 4,128 ✭✭✭cynder


    lucyfur09 wrote: »
    I left mr.sherlock a message on his site. I love that when i hit submit it showed me the message i'd sent,my email(that i entered) and my ip address.

    They will be watching you! ;)


  • Registered Users Posts: 38 tryde


    Everyone in my family signed this, even my 65 years old father.

    either way I LOVE you guys for doing this, this is potential game changer as thousands of even internet-clueless people view boards everyday, anyway try to be there protesting in front of the Dail today and if you can't make it today, there's same event on Saturday ! Bring all your friends so they can see that they can't impose dictatorship-like treatment towards us.

    http://www.facebook.com/StopSOPAIreland
    http://www.facebook.com/events/168063729963049/
    http://www.facebook.com/events/322868877751259/

    Hope the mods don't mind me putting this out here, for those who want to go out there.


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  • Registered Users Posts: 4,882 ✭✭✭JuliusCaesar


    lucyfur09 wrote: »
    I left mr.sherlock a message on his site. I love that when i hit submit it showed me the message i'd sent,my email(that i entered) and my ip address.

    I know, that was my reaction too! :rolleyes:

    I think I'll write to my TDs too. I've just sent letters (paper, post!) to the Dublin City Councillors about the Greyhound thing, so I'm on a roll.


    or maybe a rant.


  • Registered Users Posts: 1,363 ✭✭✭Misty Chaos


    Fair play on putting the notice up like that for everyone to see, I knew I wouldn't feel let down by boards. :)

    I've already signed the petition and I've just now contacted all TDs and Senators.

    I also feel disgusted by the fact that Sean Sharlock is from my Constituency! :mad:


  • Closed Accounts Posts: 12,898 ✭✭✭✭Ken.


    They will be watching you! ;)
    If its politicians watching me i've nothing to fear. They never have their heads out of their arse's long enough to see what's going on around them.

    If this law goes through any party that agrees to abolish it gets my vote at the next election.


  • Registered Users Posts: 8,824 ✭✭✭ShooterSF


    My respect for boards couldn't be higher than right now. Signed.


  • Registered Users Posts: 848 ✭✭✭erkifino


    Nice one Boards.ie!


  • Registered Users Posts: 10,572 ✭✭✭✭brummytom


    lynchie wrote: »
    Using cloud skin, the text doesn't display on that popup.

    Nobody thinks of us cloud skin users anymore :rolleyes:
    It came up fine for me :confused:


  • Registered Users Posts: 2,243 ✭✭✭donnacha


    signed


  • Registered Users Posts: 1,208 ✭✭✭MikeCork2009


    Signed. Well done boards.ie.


  • Registered Users Posts: 1,687 ✭✭✭Media999


    I assume sherlocks been offered a good job in the Music Industry when he doesnt get re-elected.

    Usually how these idiots are bought.


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  • Registered Users Posts: 3,627 ✭✭✭RichardAnd


    I sent the venal sock puppet an email written in onerously polite language. I doubt he'll ever read it but I won't let it be said that I did nothing.

    Stand together and we can beat this attack on freedom of speech!


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