e dot dot dot
a mostly about the Internet blog by

August 2018
Sun Mon Tue Wed Thu Fri Sat
     
 


SESTA, FOSTA, And How To Make Sense Of The Acronym Soup

Furnished content.


Here at Techdirt we've been slow to switch: so dug in were we for so long against the legislative scourge known as SESTA that we've been reluctant to call it anything else. Even after its ghastly provisions became law - in some ways, because its ghastly provisions became law - we've been reluctant to change what we called this vehicle of censoring doom. After all, we said for months that SESTA would be awful, and now here it is, being awful. If we called it something else people might be confused about what we had been complaining about.The problem is, it's not technically correct to continue to call this legislative outrage SESTA, and doing so threatens to create its own confusion. SESTA didn't become law; FOSTA did. When we react to those legislative changes, and cite to their source, we are citing to the bill called FOSTA, not the bill called SESTA. SESTA itself no longer exists in legislative form - FOSTA's enactment mooted it - and it's confusing to complain about a law that isn't actually one, or ever going to be one, because even if you can convince someone that it's terrible, they'll never be able to find in any law book what it is they should be upset about.It's FOSTA that now haunts us from the U.S. Code. But what's confusing is that while FOSTA is the enacted legislation now hurting us, SESTA was the proposed bill we had warned would. All the legislative history is with SESTA (well, most of it anyway), but all the legislative power is with FOSTA.So what happened? What's up with the two names? Why the shift? Basically this:SESTA was a terrible bill proposing to gut Section 230 that had been rumbling around the Senate for a while. There were some hearings and proposed amendments, but by and large it remained a bill full of terrible, Internet-ruining proposals. Eventually, when it looked like it might be picking up enough steam to pass, an alternate bill got floated in the House: FOSTA. It still played SESTA's game, but it did so with different language that presumably would have resulted in something less Internet-ruining.For what it's worth, not everyone thought this was a great strategy. Some thought that it would be better to do nothing but try to nip the whole idea behind SESTA in the bud, but others thought it might be better to go with a "devil you know" strategy if passage of something seemed inevitable, because then hopefully it could at least be something a little less awful.FOSTA was still pretty bad, although it had some hearings and amendments to try to make it less so. But then, all of a sudden, the legislative sausage-making machine went berserk and spit out something even worse. The result was a Frankenstein monster of a bill, still called FOSTA, which combined the worst of its own proposals with the worst of the SESTA bill percolating in the Senate. This new FOSTA bill soon passed the House, and shortly thereafter it's the bill that passed the Senate. Notably it was not the original SESTA bill that the Senate voted on, because if the Senate had tried to pass anything different from what the House had passed the reconciliation process between the two bills might have delayed the ultimate passage of either. Perhaps that delay would have spared us this horror, but such a fate was not something the law's Internet-undermining champions wanted to risk.So here we are, stuck with this garbage on the books, legislation so awful it can't even be labeled coherently. But giving name to something always makes it easier to fight. So from here on out, we'll be calling it FOSTA.

Permalink | Comments | Email This Story


Read more here


posted at: 12:22am on 07-Aug-2018
path: /Policy | permalink | edit (requires password)

0 comments, click here to add the first



Evidence Mounts: UK Study Shows Better Legal Alternatives Pushing Pirates To Become Customers

Furnished content.


The theory that piracy enforcement is a far inferior method for combating copyright infringement when compared with better and innovative business models and offerings is certainly old hat for us here. And, while there have certainly been studies going back years showing that to be the case, it seems notable that the past few months have seen a wave of these studies all coming on top of each other. We had MUSO, of all organizations, essentially concluding a survey it did in the UK showing how much content "pirates" actually buy legitimately by saying, "Hey, content industries, get your shit together!" That was followed quite recently by a study performed by Dutch researchers that did an amazing and large-sampled survey that concluded quite clearly that user-friendly legal alternatives depressed piracy rates at a far greater clip than enforcement measures.And, now, because good things always come in threes, yet another study in the UK has shown that once-pirates of music are morphing into very real customers due to convenient and user-friendly streaming services.

A new report from market research and data analytics firm YouGov only adds weight to that apparent shift. The headline stat from the company’s Music Report is that just one in ten Brits are currently downloading music illegally. That’s down from almost double (18%) that figure five short years ago.
It's quite obvious what coincides with that time period of the past five years that could contribute to this reduction in piracy and sure as hell isn't anything in the enforcement arena. Instead, the YouGov study suggests that the streaming services so many in the music industry have tried desperately to torpedo are responsible for this reduction. And, more interestingly, the report suggests that the trend line is only going to continue, if not accelerate.
More than six out of ten (63%) illegal music downloaders predict they’ll still be pirating in five years’ time but a significant 22% believe they won’t. Just over a third (36%) acknowledge that using unofficial sources for music is becoming more difficult but the summary doesn’t offer reasons why.“It is now easier to stream music than to pirate it. And the cost is not prohibitive,” one respondent said. “Spotify has everything from new releases to old songs, it filled the vacuum, there was no longer a need for using [an] unverified source,” added another.
In other words, innovators solved the music piracy problem in the UK, as we always said would happen. John Marshall, the associate director at YouGov, was even more explicit in his conclusions, essentially stating that the public was now satisfied with streaming services and mostly had no use for piracy.All of this is not to say that the music industry doesn't still have jobs in peril, of course. It's just that those jobs appear to be the ones involved in copyright enforcement, while the business of music itself should be doing quite well.

Permalink | Comments | Email This Story


Read more here

posted at: 12:22am on 07-Aug-2018
path: /Policy | permalink | edit (requires password)

0 comments, click here to add the first



August 2018
Sun Mon Tue Wed Thu Fri Sat
     
 







RSS (site)  RSS (path)

ATOM (site)  ATOM (path)

Categories
 - blog home

 - Announcements  (2)
 - Annoyances  (0)
 - Career_Advice  (1)
 - Domains  (0)
 - Downloads  (4)
 - Ecommerce  (2369)
 - Fitness  (0)
 - Home_and_Garden  (0)
     - Cooking  (0)
     - Tools  (0)
 - Humor  (1)
 - Notices  (0)
 - Observations  (1)
 - Oddities  (2)
 - Online_Marketing  (3420)
     - Affiliates  (1)
     - Merchants  (1)
 - Policy  (906)
 - Programming  (0)
     - Browsers  (1)
     - DHTML  (0)
     - Javascript  (536)
     - PHP  (0)
     - PayPal  (1)
     - Perl  (37)
          - blosxom  (0)
     - Unidata_Universe  (16)
 - Random_Advice  (1)
 - Reading  (0)
     - Books  (0)
     - Ebooks  (1)
     - Magazines  (0)
     - Online_Articles  (4)
 - Resume_or_CV  (1)
 - Reviews  (1)
 - Rhode_Island_USA  (0)
     - Providence  (1)
 - Shop  (0)
 - Sports  (0)
     - Football  (1)
          - Cowboys  (0)
          - Patriots  (0)
     - Futbol  (1)
          - The_Rest  (0)
          - USA  (1)
 - Woodworking  (1)


Archives
 -2018  August  (22)
 -2018  July  (46)
 -2018  June  (51)
 -2018  May  (49)
 -2018  April  (69)
 -2018  March  (79)
 -2018  February  (65)
 -2018  January  (79)
 -2017  December  (75)
 -2017  November  (59)
 -2017  October  (65)
 -2017  September  (71)


My Sites

 - Millennium3Publishing.com

 - SponsorWorks.net

 - ListBug.com

 - TextEx.net

 - FindAdsHere.com

 - VisitLater.com