An open letter from Boards.ie to Minister Sean Sherlock

DeVore · 26-01-2012 2:49pm #1

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

DeVore · 26-01-2012 3:02pm

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

empacher · 26-01-2012 4:50pm

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?

Hootanany · 26-01-2012 4:51pm

Signed

zg3409 · 26-01-2012 4:53pm

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.

charlemont · 26-01-2012 4:57pm

Some dose alright..:mad:

Spacedog · 26-01-2012 4:58pm

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.

DeVore · 26-01-2012 4:58pm

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".

KevIRL · 26-01-2012 5:00pm

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

lynchie · 26-01-2012 5:00pm

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

Nobody thinks of us cloud skin users anymore :rolleyes:

cynder · 26-01-2012 5:02pm

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

Media999 · 26-01-2012 5:02pm

Idiots at it again

CptSternn · 26-01-2012 5:03pm

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.

Elrollo · 26-01-2012 5:04pm

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

dusterd · 26-01-2012 5:06pm

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!

Bullseye1 · 26-01-2012 5:07pm

Signed.

VinLieger · 26-01-2012 5:08pm

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

um7y1h83ge06nx · 26-01-2012 5:09pm

Signed.

Ken. · 26-01-2012 5:09pm

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

cynder · 26-01-2012 5:10pm

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!

tryde · 26-01-2012 5:12pm

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.

JuliusCaesar · 26-01-2012 5:13pm

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.

Misty Chaos · 26-01-2012 5:14pm

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:

Ken. · 26-01-2012 5:14pm

grindelwald wrote: »

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.

ShooterSF · 26-01-2012 5:15pm

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

erkifino · 26-01-2012 5:15pm

Nice one Boards.ie!

brummytom · 26-01-2012 5:16pm

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

donnacha · 26-01-2012 5:17pm

signed

MikeCork2009 · 26-01-2012 5:18pm

Signed. Well done boards.ie.

Media999 · 26-01-2012 5:18pm

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

Usually how these idiots are bought.

RichardAnd · 26-01-2012 5:19pm

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!

doxy · 26-01-2012 5:19pm

Yea, fair play to boards.ie for giving this maximum exposure.

Jose1 · 26-01-2012 5:19pm

Signed x 2

readyletsgo · 26-01-2012 5:20pm

I find the Act hard to follow but I think I understand it. SIGNED!

Spacedog · 26-01-2012 5:21pm

http://www.stephendonnelly.ie/from-the-chamber/questions-the-sopa-legislation/

Wednesday January 25, 2012

Stephen Donnelly

There is much concern about legislation proposed by the Minister of State at the Department of Jobs, Enterprise and Innovation, Deputy Sean Sherlock, for Tuesday next. I have been contacted, as I am sure many Deputies have, by many people who are concerned about this. I have just got off the phone from someone who runs a major Internet company in Ireland. His concern, and that of his colleagues who are running other Internet companies, is that they will immediately have to shut down all operations because this legislation would force them into the courts because they cannot control all links to IP. There is huge concern about this. The people I talk to say they cannot get their hands on the legislation to see it and debate it. It is due to be passed as secondary legislation by ministerial order on Tuesday. Would it be possible to pause the ministerial order, even for a few days, and to have the legislation published and debated by the House? I have spoken to some very credible people in Ireland who are saying this has serious implications for Internet provision in Ireland, for American multinationals here and for the smart economy and so forth.

The Taoiseach

I have read the report of this. The Minister of State, Deputy Sherlock, is dealing with the matter. In the High Court judgment of 11 October 2010, in the case of EMI & Others v UPC, Mr. Justice Charleton decided he was constrained by the wording of the Copyright and Related Rights Act 2000 and thus could not grant an injunction to prevent infringement of copyright against UPC, which is an information service provider, ISP, in the circumstances of mere conduit, or transient communications. In doing so Mr. Justice Charleton stated that Ireland had not fully transposed the relevant directive. The mere conduit principle provides that if an ISP does not initiate a transmission or modify the material contained in the transmission and does not select the receiver of the transmission it is granted safe harbour against liability by virtue of the eCommerce Directive 2000/31/EC. However, according to the same directive this freedom from liability does not affect the power of the courts to require service providers to terminate or prevent copyright infringements.

This gets very complicated. I understand the matter is being brought before the Cabinet, so there will be some short period for explanation. I could give the Deputy a very detailed response.

The Attorney General, at that time, was asked by the Department of Communications, Energy and Natural Resources for his advice as to the implications of the High Court judgment. While the Attorney General considered that the position is not as clear cut as Mr. Justice Charleton suggests, his advice was that as long as the Irish courts take the view that subsection 40(4) of the Copyright and Related Rights Act 2000 does not implement Article 8.3 of the relevant directive, Ireland is exposed to a claim for damages for failure to implement EU law. The prudent course he advised was to introduce a regulation to ensure compliance.

It is a complicated procedure but I expect the Minister of State will explain it more fully. I am aware of the comments some providers have made.

Stephen Donnelly

Could the legislation be paused, even for a few days before it is published?

The Taoiseach

It will be before the Cabinet shortly and there will be an opportunity to discuss that.

Dub12Dave · 26-01-2012 5:21pm

Just signed 47307, come on we need at lot more signatures.

Quazzie · 26-01-2012 5:22pm

What if the StopSopaIreland.ie website is just a way to track all out IP addresses and then come find us :eek:

/off to the conspiracy theory forum

StephenHendry · 26-01-2012 5:23pm

will deffo sign this. this could have very serious implications for net users in ireland

ShooterSF · 26-01-2012 5:24pm

My email sent (name changed to ShooterSF for boards)

Dear sir,

[CENSORED]

Yours'
ShooterSF.

(I thought it best I get used to your vision of the internet)

BaconZombie · 26-01-2012 5:25pm

Hey,

Can you have a look at displaying different popups for each theme?

I don't most people had the Red/Black theme but I gotten used it to, back to the point. I'm getting the below when accessing anypage

Boards.ie: Paddy · 26-01-2012 5:29pm

lynchie wrote: »

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

Nobody thinks of us cloud skin users anymore :rolleyes:

Yeah sorry about that, should be fixed now. This was very time sensitive so we didn't have a chance to test on all skins.

Faolchu · 26-01-2012 5:31pm

signed teh petition yesterday

also recieved this today via email not sure how true it is

MonkieSocks · 26-01-2012 5:31pm

Signed

I bet He say's say the Troika made him do it :rolleyes:

Ryanno · 26-01-2012 5:32pm

SIGNED!! Lets hope it's listened to!! Nothing else ever is..........

Nody · 26-01-2012 5:33pm

Considering that he (Sean Sherlock) has taken taken down his own web server I guess he's trying to experience it from an end users perspective of the new Internet under Irish rule...

silvine · 26-01-2012 5:33pm

Signed

CMpunked · 26-01-2012 5:34pm

Getting ready to type up a post of frustration on the issue, but i just copped this:

Posted by spacedog
his advice was that as long as the Irish courts take the view that subsection 40(4) of the Copyright and Related Rights Act 2000

And now im here giggling like a child. But needless to say ive signed the petition and currently whoring out all my social media profiles with link to the petition.

Good work, Boards.

Boards.ie: Paddy · 26-01-2012 5:35pm

BaconZombie wrote: »

Hey,

Can you have a look at displaying different popups for each theme?

I don't most people had the Red/Black theme but I gotten used it to, back to the point. I'm getting the below when accessing anypage

Gah, forgot to bump the CSS version number so it was hanging around in caches. Done, all the white text themes should be sorted now.

MrStuffins · 26-01-2012 5:35pm

Boards.ie: Paddy wrote: »

**Posts: 68**

Yeah sorry about that, should be fixed now. This was very time sensitive so we didn't have a chance to test on all skins.

Newbs :rolleyes:

:pac:

RobbingBandit · 26-01-2012 5:36pm

Signed, I wonder do the gubment even know the potential sh1t storm that will be unleashed from this.

Monty - the one and only · 26-01-2012 5:36pm

lynchie wrote: »

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

Nobody thinks of us cloud skin users anymore :rolleyes:

no probs with seeing the pop up with the cloud skin here...

An open letter from Boards.ie to Minister Sean Sherlock

Comments