Re:Apple's child protection features spark concern within it...
by kmeisthax on Friday August 13, 2021 @10:26AM
(#28169261)
This would have been a huge fear of mine if this was 10 or 15 years ago and legitimate publishers were still engaging in copyright litigation for individual noncommercial pirates. The RIAA stopped doing individual lawsuits because it was surprisingly expensive to ruin people's lives that way over a handful of songs. This largely also applies to the MPAA as well. The only people still doing this in bulk are copyright trolling outfits - companies like Prenda Law and Malibu Media. They make fake porn, covertly share it and lie to the judge about it, sue you, and then offer a quick and easy settlement route.
(Yes, I know, it sounds like I'm splitting hairs distinguishing between copyright maximalism and copyright trolling. Please, humor me.)
What copyright maximalists really want is an end to the legal protections for online platforms (DMCA 512 safe-harbor) so they can go after notorious markets directly. They already partially accomplished this in the EU. It's way more efficient from their end to have one throat to choke. Once the maximalists get what they want, platforms that want to be legitimate would be legally compelled to implement filters, ala YouTube Content ID. But those filters would apply to content that's published on the platform, not just things on your device. Remember: they're not interested in your local storage. They want to keep their movies and music off of YouTube, Vimeo, Twitter, and Facebook.
Furthermore, they largely already have the scanning regime they want. Public video sites make absolutely no sense to E2E encrypt; and most sites that deal in video already have a content fingerprinting solution. It turns out it was already easy enough to withhold content licenses to platforms that accept user uploads, unless they agreed to also start scanning those uploads.
(Side note: I genuinely think that the entire concept of safe harbors for online platforms is going to go away, just as soon as the proposals to do so stop being transparently partisan end-runs around the 1st Amendment. Pre-Internet, the idea that an entity could broadcast speech without having been considered to be the publisher of it didn't really exist. Publishers were publishers and that was that.)
(Yes, I know, it sounds like I'm splitting hairs distinguishing between copyright maximalism and copyright trolling. Please, humor me.)
What copyright maximalists really want is an end to the legal protections for online platforms (DMCA 512 safe-harbor) so they can go after notorious markets directly. They already partially accomplished this in the EU. It's way more efficient from their end to have one throat to choke. Once the maximalists get what they want, platforms that want to be legitimate would be legally compelled to implement filters, ala YouTube Content ID. But those filters would apply to content that's published on the platform, not just things on your device. Remember: they're not interested in your local storage. They want to keep their movies and music off of YouTube, Vimeo, Twitter, and Facebook.
Furthermore, they largely already have the scanning regime they want. Public video sites make absolutely no sense to E2E encrypt; and most sites that deal in video already have a content fingerprinting solution. It turns out it was already easy enough to withhold content licenses to platforms that accept user uploads, unless they agreed to also start scanning those uploads.
(Side note: I genuinely think that the entire concept of safe harbors for online platforms is going to go away, just as soon as the proposals to do so stop being transparently partisan end-runs around the 1st Amendment. Pre-Internet, the idea that an entity could broadcast speech without having been considered to be the publisher of it didn't really exist. Publishers were publishers and that was that.)