MySmelf wrote:
It does not appear that they would have to give websites a chance to delete links. The potential for abuse is too great. They could use a link as an excuse to shut down a site they don't agree with.
actually in the bill itself it does address this very thing and it does give them a chance to remove the infringing content!
NOTICE.—Upon commencing an action
17 under this subsection, the Attorney General shall
18 send a notice of the alleged violation and intent to
19 proceed under this section—
this concept of notice is throughout the bill, there is no wrote banning of content, rather a site in violation is served a notice that addresses the problem and is given time to comply before any actions, such as blocking the site, become legal.
and then there is this:
22
1 (i) any entity served with a copy of an
2 order under this subsection, and any direc-
3 tor, officer, employee, or agent thereof,
4 shall not be liable for any act reasonably
5 designed to comply with this subsection or
6 reasonably arising from such order; and
7 (ii) any—
8 (I) actions taken by customers of
9 such entity to circumvent any restric-
10 tion on access to the foreign infring-
11 ing site, or portion thereof, that is
12 subject to such order, that is insti-
13 tuted pursuant to this subsection, or
14 (II) act, failure, or inability to re-
15 strict access to a foreign infringing
16 site, or portion thereof, that is subject
17 to such order, in spite of good faith
18 efforts to comply with such order by
19 such entity,
20 shall not be used by any person in any
21 claim or cause of action against such enti-
22 ty
this means that the nexus could not be held liable for posted links from members
however if the nexus itself posted such links they could be served a notice to remove them, and then if they did not comply then and only then can action be taken against them.
this is nothing like rote censorship
this means you could post a link here to copyright protected material that has been ripped off and the nexus cannot be held responsible or blocked upon the basis of that content.
if you read this bill, it specifically targets sites dedicated to piracy and involves a careful protocol for the enforcement of this, it is not a bill of censorship at all
and here is my favorite part:
55
1 TITLE II—ADDITIONAL EN-
2 HANCEMENTS TO COMBAT IN-
3 TELLECTUAL PROPERTY
4 THEFT
5 SEC. 201. STREAMING OF COPYRIGHTED WORKS IN VIOLA-
6 TION OF CRIMINAL LAW.
7 (a) TITLE 17 AMENDMENTS.—Section 506(a) of title
8 17, United States Code, is amended to read as follows:
9 ‘‘(a) CRIMINAL INFRINGEMENT.—
10 ‘‘(1) IN GENERAL.—Any person who willfully
11 infringes a copyright shall be punished as provided
12 under section 2319 of title 18, if the infringement
13 was committed—
14 ‘‘(A) for purposes of commercial advantage
15 or private financial gain;
16 ‘‘(B) by the reproduction or distribution,
17 including by electronic means, during any 180-
18 day period, of 1 or more copies or phonorecords
19 of 1 or more copyrighted works, or by the pub-
20 lic performance by means of digital trans-
21 mission, during any 180-day period, of 1 or
22 more copyrighted works, when the total retail
23 value of the copies or phonorecords, or of the
24 public performances, is more than $1,000; or
1 ‘‘(C) by the distribution or public perform-
2 ance of a work being prepared for commercial
3 dissemination, by making it available on a com-
4 puter network accessible to members of the
5 public, if such person knew or should have
6 known that the work was intended for commer-
7 cial dissemination.
there are also clauses that specify that they are targeting those who sell illegal drugs, those who contract for murder and other aspects like this, there is nothing about the discussion of drugs and the 1st amendment still applies
the nexus would not be affected by this bill at all and it is not designed to go after the kids that shares a mp3 file, it is designed to go after sites and people who are high profile and typically profiting off of piracy
i loath censorship, and if that was what this was about i'd write my senator.