Now, according to the owner of a free WordPress platform which hosts more than 73,000 blogs, his network of sites has been completely shut down on the orders of the authorities.
Say what you want, they shut it down not because they didn't like what they where saying, but what they where distributing illegally. Those same people can go blog all they want without repercussions of any kind, but if they choose to distribute things illegally, they should and probably will be shut down, again.
The RIAA tries to sue people for $17,000+ for every illegally downloaded song, fuck them. They say they are trying to protect artists, but all they really try to do is profit off them. They don't really have their artists best interests in mind, just theirs.
As far I can tell, its not because the 73.000 blogs is doing something wrong, but because some of them are doing something wrong, the server they are located on was taken down, along with every other blog on that server. So its seem more like a lot of collateral damage has hit a bunch of blogs because they were on the same server.
Freedom of speech has always had limits. You can't yell "fire!" in a crowded theater, nor incite people to riot. You can't publicly defame someone nor threaten to kill them. And, in this case apparently, you can't use a public platform to conduct any kind of criminal activity - that includes distributing copyrighted material.
I'm not really even sure what you object to here. If people posted links to cracked games and software on Polycount, and the government ordered the host to terminate the account, you wouldn't defend video game piracy in the name of free speech, would you?
Freedom of speech has always had limits. You can't yell "fire!" in a crowded theater, nor incite people to riot. You can't publicly defame someone nor threaten to kill them. And, in this case apparently, you can't use a public platform to conduct any kind of criminal activity - that includes distributing copyrighted material.
I'm not really even sure what you object to here. If people posted links to cracked games and software on Polycount, and the government ordered the host to terminate the account, you wouldn't defend video game piracy in the name of free speech, would you?
The problem is that the majority of the blogs that got shut down was not doing anything illegal, they simply shared a host with other blogs that did.
This sounds like the hosting service getting a threatening letter and yanking everything on their own. That letter should have come from an infringed party and if the government was going to get involved it should have been through a judge, but its not like guys in balaclavas were kicking in doors and dragging servers off to an undisclosed location. If the hosting company had refused it not at all clear what would have happened tho.
Stuff like this should be shut down, but only the blogs that are actually doing something wrong not the other collateral sites/blogs. Should had just slapped a cease and desist to the site administrator first before just yanking everything.
Who cares about the RIAA, as a musician I know it's easier than ever now to gain a following with nothing more than $100 mic from guitar center and mediocre recording equipment. You can make a bad ass sounding album that way and many of my favorite bands have. Plus who cares about record companies anyways. Because of them we have Justin Bieber, awful Crabcore bands and shitty electronica. Good riddance. Bomb the Music Industry I say.
Say what you want, they shut it down not because they didn't like what they where saying, but what they where distributing illegally. Those same people can go blog all they want without repercussions of any kind, but if they choose to distribute things illegally, they should and probably will be shut down, again.
While as freedom of speech doesn't = the freedom to steal, that is not the issue here. The issue is that a few blogs had material the RIAA believed were infringing so they decided to get EVERYONE who was with that host taken down.
Whats that? Someone posted a video in the Awesomeness thread with infringing music in the background? Take down all of Polycountz!
It could very easily mean the machine he was using to host all this was confiscated. If you read the thread in the original post it seems he had several C&D orders, and though he complied with them he didn't do anything to stop infringing material from showing up in the first place. Although it sucks for poeple who weren't doing anything wrong, I got the impression that he clearly knew what kind of content he was hosting and was happily collecting ad dollars anyway.
It could very easily mean the machine he was using to host all this was confiscated. If you read the thread in the original post it seems he had several C&D orders, and though he complied with them he didn't do anything to stop infringing material from showing up in the first place. Although it sucks for poeple who weren't doing anything wrong, I got the impression that he clearly knew what kind of content he was hosting and was happily collecting ad dollars anyway.
He's not obliged to, "safe harbour" laws are supposed to protect service providers from just this very type of action, it's why Google hasn't been prosecuted over revenue made though copyright material showing up in their products.
While as freedom of speech doesn't = the freedom to steal, that is not the issue here. The issue is that a few blogs had material the RIAA believed were infringing so they decided to get EVERYONE who was with that host taken down.
Whats that? Someone posted a video in the Awesomeness thread with infringing music in the background? Take down all of Polycountz!
I agree its pretty lame if law abiding blogs where taken down hopefully they will be restored. But at the very least, people are allowed to move somewhere else and keep blogging because this isn't about silencing someones free speech.
That is part of the headache of having your blog on another persons site, especially if its on a service known for hosting illegal content...
What if polycount hosted users sites and it became known as a hub of illegal warez? Clearly not being used as intended but what if there wasn't an easy way of going through everyones site, invading their privacy just to find the bad content?
If you don't like being rounded up and asked what you where doing standing on a street corner while your buddies dealt drugs, maybe you shouldn't hang out on street corners with thugs who deal?
@Vig
On the other hand they should know WHICH blogs thats bad, there must be a reason for the flag to go up. You don't close down all roads because one house is dealing drugs and the start searching all the houses. Would be like if the US turned off the internet on Norway because of Pirate Bay. If they know the blogs, it should easy to make a list and just deactivate those, instead of nuking the whole server.
I agree they should go after just the bad blogs, but it might not be that simple.
We really don't know how many of the 73,000 where good and legal sites. I suspect not many while you suspect only a few. No one really knows because its probably not easy to sift through everyone's material, invade their privacy and get good numbers. We really don't know much about their back end and how well equipped it is to selectively find and shut down people breaking their Terms of Service. They might not have a way of quickly complying.
If it ends up being just a handful of sites they kicked in everyone's door looking for illegal material then does that justify the invasion of privacy? Or did they sign up knowing that the service could disappear at any munite and that they didn't actually control jack? People say the internet is forever but really it only stays up while it stays profitable for someone.
Doesn't anyone serious about blogging have their own domain and run their own site? Don't they have backups or plan for what if my crappy service goes tits up? If people are really serious about keeping their voice heard then they should be able to keep on going. At the very least no one is stopping even the illegal users from going and blogging somewhere else.
@Vig
On the other hand they should know WHICH blogs thats bad, there must be a reason for the flag to go up. You don't close down all roads because one house is dealing drugs and the start searching all the houses. Would be like if the US turned off the internet on Norway because of Pirate Bay. If they know the blogs, it should easy to make a list and just deactivate those, instead of nuking the whole server.
The person running this server is responsible for all of the content on it. I think the authorities were in line when shutting it down, to make sure the owner doesn't have anything else shady going on. Doesn't matter if it's only a few sites or not - the server itself needs to be looked over. It's one server - there are millions more, I don't see the issue. If something illegal was going on, this guy deserves to have his server taken offline. He was responsible for the content on it.
The person running this server is responsible for all of the content on it. I think the authorities were in line when shutting it down, to make sure the owner doesn't have anything else shady going on. Doesn't matter if it's only a few sites or not - the server itself needs to be looked over. It's one server - there are millions more, I don't see the issue. If something illegal was going on, this guy deserves to have his server taken offline. He was responsible for the content on it.
No matter the damage it does to everyone else? I disagree, there is ways to go around this and I don't think this is the way to do it.
The person running this server is responsible for all of the content on it.
If you're declaring this from a moral standpoint you're entitled to your opinion but from a legal perspective this is totally false. The OCILLA section of the DMCA has safe harbor for OSPs (this includes blogs as they fall under online communication and hosting) and ISPs to protect them from copyright infringement liability. The only way they would be responsible is if they received notice of copyright infringement and refused to act on it.
Furthermore even if they did refuse to shut down the blog it'd be difficult to argue that they are facilitating copyright infringement when these blogs do not actually host even so much as a torrent file, all they have are http links to other sites like rapidshare (which are still up due to said safe harbor!) that host them. At which point it starts creeping into the realm of a freedom of speech issue.
Based on the article it seems more likely to me that the provider that was hosting Blogetery just didn't want to have to deal with the legal fiasco that was to ensue and just handed over the entire server (theory reinforced by the fact that they stated they "can't" give him his data back) to the authorities instead of having to sort through a server full of blogs to figure out which is which.
thats just silly. Really, how is anybody suppose to keep track of 70 000 + sites? How could they be sure all of the sites were being used to distribute music and movies? That just doesnt make sense to me
thats just silly. Really, how is anybody suppose to keep track of 70 000 + sites? How could they be sure all of the sites were being used to distribute music and movies? That just doesnt make sense to me
They don't. Customers do. That's what safe harbour means and why all hosting companies have an "abuse@..." - they can only act on abuses of their terms and conditions, DMCA requests and/or other legally grounded requests. It's up to copyright holders to police their properties and take *appropriate* action on specific infringments, that's what due process and habeas corpus are supposed ensure.
i dunno, can we take such hard stances on the matter without all the facts? what if we're just talking about some AMV's with limp bizkit playing in the background or something.. we don't know to what degree the piracy was really taking place
i dunno, can we take such hard stances on the matter without all the facts? what if we're just talking about some AMV's with limp bizkit playing in the background or something.. we don't know to what degree the piracy was really taking place
certainly sounds like massive overkill to me
I'm pretty sure such things are grounds for deletion for an entirely different reason.
The site was shut down after FBI agents informed executives of Burst.net, Blogetery's Web host, late on July 9 that links to al-Qaeda materials were found on Blogetery's servers, Joe Marr, chief technology officer for Burst.net, told CNET. Sources close to the investigation say that included in those materials were the names of American citizens targeted for assassination by al-Qaeda. Messages from Osama bin Laden and other leaders of the terrorist organization, as well as bomb-making tips, were also allegedly found on the server.
Apparently Burst were *not* ordered to shut down the server, they did that of their own accord, and, it appears, in error.
As someone who does a fair amount of web design and server fiddling I find it very strange for the service provider (Burst) to have closed the entire account without at least informing their cleint about the situation (because so far as can be had, 'he' didn't do anything illegal, one (some?) of his users did), suggesting he take down the offending material once the FBI informed them of its presense (which would have been the more appropriate response).
A major cock-up like this will probably cost Burst a lot of business. And I'm sure there will be plenty of lawyers in the sidelines chomping at the bit to get at this one.
While it certainly sets a bad example to be giving away customer data and terminating service unprompted to anyone that shows up with a badge, that's a pretty easy story for them to spin in their favor so I highly doubt it will affect them much.
Pretty interesting that it turned out to be a terrorism investigation though.
Replies
Lame...
Freedom of speech does not mean freedom to steal.
I only buy music from independent labels.
Freedom of speech has always had limits. You can't yell "fire!" in a crowded theater, nor incite people to riot. You can't publicly defame someone nor threaten to kill them. And, in this case apparently, you can't use a public platform to conduct any kind of criminal activity - that includes distributing copyrighted material.
I'm not really even sure what you object to here. If people posted links to cracked games and software on Polycount, and the government ordered the host to terminate the account, you wouldn't defend video game piracy in the name of free speech, would you?
The problem is that the majority of the blogs that got shut down was not doing anything illegal, they simply shared a host with other blogs that did.
purely collateral damage.
my old xoom website containing my very first 3d artwork had same fate ...
+1
Whats that? Someone posted a video in the Awesomeness thread with infringing music in the background? Take down all of Polycountz!
pretty shocking too
http://www.techdirt.com/articles/20100712/23482610186.shtml
That is part of the headache of having your blog on another persons site, especially if its on a service known for hosting illegal content...
What if polycount hosted users sites and it became known as a hub of illegal warez? Clearly not being used as intended but what if there wasn't an easy way of going through everyones site, invading their privacy just to find the bad content?
If you don't like being rounded up and asked what you where doing standing on a street corner while your buddies dealt drugs, maybe you shouldn't hang out on street corners with thugs who deal?
On the other hand they should know WHICH blogs thats bad, there must be a reason for the flag to go up. You don't close down all roads because one house is dealing drugs and the start searching all the houses. Would be like if the US turned off the internet on Norway because of Pirate Bay. If they know the blogs, it should easy to make a list and just deactivate those, instead of nuking the whole server.
We really don't know how many of the 73,000 where good and legal sites. I suspect not many while you suspect only a few. No one really knows because its probably not easy to sift through everyone's material, invade their privacy and get good numbers. We really don't know much about their back end and how well equipped it is to selectively find and shut down people breaking their Terms of Service. They might not have a way of quickly complying.
If it ends up being just a handful of sites they kicked in everyone's door looking for illegal material then does that justify the invasion of privacy? Or did they sign up knowing that the service could disappear at any munite and that they didn't actually control jack? People say the internet is forever but really it only stays up while it stays profitable for someone.
Doesn't anyone serious about blogging have their own domain and run their own site? Don't they have backups or plan for what if my crappy service goes tits up? If people are really serious about keeping their voice heard then they should be able to keep on going. At the very least no one is stopping even the illegal users from going and blogging somewhere else.
The person running this server is responsible for all of the content on it. I think the authorities were in line when shutting it down, to make sure the owner doesn't have anything else shady going on. Doesn't matter if it's only a few sites or not - the server itself needs to be looked over. It's one server - there are millions more, I don't see the issue. If something illegal was going on, this guy deserves to have his server taken offline. He was responsible for the content on it.
No matter the damage it does to everyone else? I disagree, there is ways to go around this and I don't think this is the way to do it.
Furthermore even if they did refuse to shut down the blog it'd be difficult to argue that they are facilitating copyright infringement when these blogs do not actually host even so much as a torrent file, all they have are http links to other sites like rapidshare (which are still up due to said safe harbor!) that host them. At which point it starts creeping into the realm of a freedom of speech issue.
Based on the article it seems more likely to me that the provider that was hosting Blogetery just didn't want to have to deal with the legal fiasco that was to ensue and just handed over the entire server (theory reinforced by the fact that they stated they "can't" give him his data back) to the authorities instead of having to sort through a server full of blogs to figure out which is which.
certainly sounds like massive overkill to me
As someone who does a fair amount of web design and server fiddling I find it very strange for the service provider (Burst) to have closed the entire account without at least informing their cleint about the situation (because so far as can be had, 'he' didn't do anything illegal, one (some?) of his users did), suggesting he take down the offending material once the FBI informed them of its presense (which would have been the more appropriate response).
A major cock-up like this will probably cost Burst a lot of business. And I'm sure there will be plenty of lawyers in the sidelines chomping at the bit to get at this one.
Pretty interesting that it turned out to be a terrorism investigation though.