RIAA:Twitter並沒有阻止其服務上的工業規模盜版

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  • 作者: 音樂地圖
  • RIAA:Twitter並沒有阻止其服務上的工業規模盜版

      202104/2206:03

    ◎Facebook和YouTube在美國參議院司法小組知識產權委員會聽證會上詳細介紹了其反盜版措施。令立法者感到沮喪的是,Twitter缺席,RIAA指責它沒有採取任何行動來阻止其網絡上的“工業規模”盜版。同時,域名註冊商被指控保護海盜。
    ◎美國參議院知識產權司法小組委員會正在尋找更好的方法來應對不斷出現的在線盜版威脅。具體來說,它正在與各種利益相關者合作,以查看是否可以改進DMCA以更好地適應當今的線上環境。
    ◎這場聽證會上,參議員們收到了各利益相關方關於自願協議和現有反盜版技術的作用的意見。例如,YouTube解釋了其Content-ID系統,而Facebook展示了其版權管理器工具如何幫助版權持有者。Twitter也被邀請作證,但該公司拒絕參加。(Thom Tillis)參議員提出一系列書面問題,但Twitter未答覆,似乎只會使事情變得更糟。
    ◎ RIAA董事長兼執行官(Mitch Glazier)稱,當前的下架系統效率極低,他以Twitter為例,過去10個月的時間內,RIAA通知Twitter上有將近9,000項侵權行為,RIAA通知後,它仍在不斷出現在Twitter上。RIAA希望Twitter和其他平台能夠無限期地離線保存侵權文件。所謂的取消和取消預訂政策。此外,應允許版權所有者有效監控和舉報侵權行為。如果他們有意願和動機這樣做,明天就可以自願解決盜版問題。不幸的是,數字千年版權法案(DMCA)安全港被解釋應用範圍如此之廣,以至於平台沒有參與平衡系統的商業動機。
    ◎(Mitch Glazier)說,音樂行業在過去兩年中已向Twitter發送了超過300萬條通知,包括20,000件作品,每個曲目平均有150條通知,情況並沒有改善,這是大規模的盜版,不是一個小問題。與Facebook和YouTube不同,Twitter沒有採取任何行動。由於RIAA及其成員沒有有效的系統來搜索Twitter上的版權侵權行為,因此移除工作非常複雜。社交媒體平台願意提供此服務,但並非免費提供。
    ◎聽證會上除了Twitter外,域名註冊商為盜版網站提供服務,是另一個大問題。RIAA希望法律明確規定,包括域名註冊商和註冊機構在內的中介機構,必須做更多的事情,對於託管內容的服務也是如此。當前的刪除流程根本無法解決,是種虛假行為。

    詳細全文:

    Facebook and YouTube detailed their anti-piracy measures during a Senate Judiciary Subcommittee on Intellectual Property hearing yesterday. To the frustration of lawmakers, Twitter was noticeably absent. The RIAA had little positive to say about the social media platform either, accusing it of doing nothing to stop "industrial-scale" piracy on its network. At the same time, domain registrars were accused of protecting pirates.
    Twitter PirateThe US Senate’s Judiciary Subcommittee on Intellectual Property is looking for better ways to tackle the ever-present threat of online piracy.
    Specifically, it’s working with various stakeholders to see if the DMCA can be improved to better suit today’s online environment.
    During a hearing yesterday, Senators received input from various stakeholders on the role of voluntary agreements and existing anti-piracy technologies. YouTube, for example, explained its Content-ID system and Facebook showed how its Rights Manager tool helps copyright holders.
    Twitter Refused to Attend
    Twitter was also invited to testify but the company refused to attend. This frustrated lawmakers, including Senator Thom Tillis, who repeatedly asked Twitter to join the discussion. When that didn’t happen Tillis sent a series of written questions, but the “non-answers” the company sent back only appear to have made things worse.
    The lawmakers are not alone in their critique of Twitter. As expected, they were fully supported by the RIAA, which was present to represent the music industry. RIAA chairman and CEO Mitch Glazier specifically mentioned the social media platform in his opening statement.
    Glazier argued that the current takedown system is highly ineffective and he used Twitter as an example. Over the past year, the RIAA has tried to keep a single music track off Twitter, but despite thousands of notices, it kept reappearing.
    “As a result, over a 10-month period, RIAA had to send notices for nearly 9,000 infringements of that same track – let me repeat that. We had to send 9,000 notices over a 10-month period for the same exact track. Unfortunately, we must do this all the time for hundreds of tracks on many different services,” Glazier said.
    Hiding Behind the Safe Harbor
    The RIAA would like Twitter and other platforms to keep infringing files offline indefinitely. A so-called takedown and staydown policy. In addition, copyright holders should be allowed to effectively monitor and report infringements. However, companies such as Twitter prefer to do very little and hide behind their safe harbor protection, Glazier said.
    “They could solve the piracy problem voluntarily tomorrow if they had the will and incentive to do so. Unfortunately, the DMCA safe harbors have been interpreted to apply so broadly that platforms do not have the business incentive to participate in a balanced system.”
    RIAA CEO Mitch Glazier
    mitch glazier riaa
    The Twitter-bashing continued during the questioning round. Senator Mazie Hirono stressed that Twitter hasn’t shown to be a “willing partner” for copyright holders and asked Glazier to elaborate.
    RIAA’s CEO gladly complied and said that the music industry has sent more than three million notices to Twitter over the past two years, identifying 20,000 works. That’s an average of 150 notices per track, and things aren’t improving.
    Industrial Scale Piracy
    “This is piracy on an industrial massive scale. This is not some small problem,” Glazier said. “Unlike Facebook and YouTube, they have done nothing to at least try to build tools, or to help prevent what is by its nature a viral system where piracy can spread literally in microseconds.”
    The takedown efforts are complicated because the RIAA and its members don’t have an effective system to search Twitter for copyright infringements. The social media platform is willing to offer this, but not for free.
    “They really don’t offer us the ability to search their universe for infringements. We have asked for it many many times and they want to charge us,” Glazier said.
    “And then when we send them notices it can take anywhere between four hours and four days to take one thing down while we’ve got millions of pieces spreading at the same time. It’s a huge problem,” he adds.
    Twitter was not the only company to be called out. Senator Mazie Hirono also asked RIAA’s CEO about the role of domain name registrars, which offer services to pirate sites. Again, Glazier said that this is a huge problem.
    Domain Registrars Protect Pirates
    “Domain name registrars and their role in allowing piracy to happen through their systems is a huge problem. Very few domain name registrars are doing very little. Both at the registrar and at the registry level.”
    Glazier notes that there are voluntary agreements with a select group of domain registrars. However, most simply do nothing. Theysimply keep pirate domains online. And when copyright holders ask them to help identify bad actors, they refuse to cooperate.
    “When we go to them and say: ‘help us to find the pirates’ so we can go against them directly, they won’t give the name of the pirate. They hide their identity and help them become anonymous and they say that it’s because of privacy laws. That they need to protect the criminals. Which is ridiculous.”
    “Privacy laws are meant to protect consumers, they are not meant to protect criminals,” Glazier adds.
    If Not Voluntary, Then…
    The RIAA would like the law to make it clear that intermediaries, including domain registrars and registries, have to do more. The same is true for services that host content. The current takedown process simply doesn’t cut it, it’s a sham.
    While the hearing was supposed to be about voluntary and private agreements to help fight piracy, the threat of stricter regulation may be needed.
    The RIAA applauded the work of Facebook and YouTube but, reading between the lines, Glazier suggests that Twitter and other companies may need a bigger push from lawmakers to come to the table.

     

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