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Archive for the ‘China’ Category

Olympic Committee Takedown Shows Risks of Ill-Timed Take-Downs | Electronic Frontier Foundation: “Olympic Committee Takedown Shows Risks of Ill-Timed Take-Downs”

Deeplink by Corynne McSherry

It’s never OK to use improper copyright claims to take down legitimate, non-infringing content, but such takedowns are particularly galling when they are timed to directly interfere with the impact of a political message. That’s what happened this week to the Free Tibet movement, and the situation illustrates the risks of a “shoot first, ask questions later” approach to copyright policing.

The 2008 Olympic Games have been marked by controversy relating to the human rights record of its host, China. Two days ago, the International Olympic Committee (IOC) added to the debate by demanding that YouTube block a video of a protest by Students For A Free Tibet. The demand appeared to be based on a bogus copyright infringement claim: the protesters had projected various images on the wall of the Chinese consulate in New York, and the video of the protest was titled “Beijing Olympics Opening Ceremony.”

This is not the first time the IOC has used an intellectual property claim to stomp on speech. Nor is it the first time a content owner has caught a dolphin in its DMCA takedown driftnet. But the political and time-sensitive nature of this video made this “mistake” particularly appalling.

The blogosphere reacted with outrage, and rightly so. EFF made some inquiries of our own (we understand YouTube did so as well) and the IOC ultimately withdrew the complaint. That is a good thing. But this takedown highlights a larger problem. It takes just seconds to have a video taken down, but over two weeks to get a video put back up. And YouTube’s hair-trigger content verification program has made takedown even easier and faster—content owners can rapidly create lists of videos for takedown, and then send a takedown demand with a couple of additional clicks.

If IOC had not withdrawn its notice, here’s what would have happened in this case: the protesters’ DMCA counter-notice would have started the clock running and, if the IOC didn’t sue within 10-14 days—which of course it wouldn’t have, because it didn’t have a claim—the video would be restored. But that wouldn’t happen until after the 2008 games were over, and the delay would inevitably lessen the video’s political impact. As political organizers of all stripes know, timing is everything.

The DMCA was not designed to help content owners silence legitimate speech, even temporarily. But that’s exactly what happens when content owners don’t bother to form a good faith belief that the material they target is actually infringing. Shame on the IOC for failing to meet its minimal obligations.

(Via Techdirt.)

The IOC Joins the DMCA Censorship Club: “The International Olympic Committee is no stranger to overzealous protection of what they perceive to be their intellectual property. We’ve covered their ridiculous attempts to change British law to ‘protect’ the terms ‘Olympics’ and ‘2012′ (the year London hosts the summer games). It seems the folks at the IOC want to control all aspects of their sporting event, even how people discuss it. Knowing this, and the ways in which the DMCA has been abused time and time again, it was hardly surprising when the IOC sent a take-down notice to YouTube for a video posted by Students for a Free Tibet.

The video, which showed a pro-Tibet candle-light vigil in New York City and images from the March protests in Tibet, was dutifully pulled by YouTube. However, it was unclear what infringement the IOC was claiming. Although their famous interlocking rings were briefly shown, that would seem to be a trademark, not covered by the DMCA. Even if they claimed the rings were copyrighted creative content, their creation in 1913 places them firmly in the public domain (on copyright, the trademark remains — but the DMCA isn’t for trademark). Luckily after a number of sites questioned the action, the IOC withdrew their complaint. This remains troubling, though. The DMCA was not meant to silence legitimate speech, but the number of times litigants have suppressed content they don’t like is staggering. This case benefits from external media attention due to existing hot-button political issues, but not all censored YouTube videos are so lucky and, undoubtedly, bogus DMCA requests have censored videos which result not in blogosphere outrage, but silenced expression.

Kevin Donovan is an expert at the Techdirt Insight Community. To get insight and analysis from Kevin Donovan and other experts on challenges your company faces, click here.

Helping build the Great Firewall: “Comment is free: Dmitri Vitaliev: China is strongly criticised for its internet censorship – but it is western technology firms that have provided the tools for the job”

(Via Latest news, sport, business, comment and reviews from the Guardian | guardian.co.uk.)

Some Websites Remain Blocked at Beijing Olympics: “Some websites remain inaccessible to reporters as the competition gets under way Saturday at the Beijing Olympics.

(Via Wired News.)

CCC’s “Freedom Stick” circumvents China’s firewall, just in time for The Games

Rumor has it that a large quantity of genetically-superior human beings are amassing in Beijing at the moment and attempting to squeeze into spandex-like outfits for your entertainment. Those interested in watching such tight-outfitted goings on are going to find themselves faced with even tighter internet restrictions when they get back to their hotel room or local internet cafe, thanks to that handy dandy Great Firewall of China. Lucky for them, the Chaos Computer Club has prepped a solution called the ‘Freedom Stick’ which when plugged into a computer redirects its internet traffic over The Onion Router, a worldwide network of anonymous computers designed to hide your steps. Naturally, you can just download the software yourself, but the $30 USB dongle could come in handy if you’re not on your own PC, or just want to leave behind material evidence of your indiscretion. The Freedom Stick will only be available through the duration of the Olympics, so get one while you can.

[Via Wired]

(Via Engadget.)

Chaos aims to crack China’s firewall: “Environment, science & technology: Danny Bradbury on how a group of hackers is working to bypass the Great Firewall of China”

(Via Latest news, sport, business, comment and reviews from the Guardian | guardian.co.uk.)

Dmitri Vitaliev: Bypassing China’s internet censors: “Dmitri Vitaliev: China has temporarily relaxed internet censorship, but democracy activists already know how to bypass the web police”

(Via guardian.co.uk Comment is free.)

German Olympic Chief under Fire: Politicians Allege Official ‘Trivialized’ Chinese Internet Censorship: “The chief of the German Olympic Committee has come under fire for comments critics say trivialize China’s move last week to block journalists’ access to some Web sites. The international community is concerned journalists will face significant hurdles in their reporting on the games.”

(Via SPIEGEL ONLINE - International.)

Internet firms agree to ‘code of conduct’ in China: “

Just days before the Olympic torch will reach Beijing, Internet leaders Google, Yahoo, and Microsoft say they are close to an agreement on a code of conduct for doing business in China and other countries that censor the Internet.

Sen. Dick Durbin on Monday released separate letters from the companies, …

“

(Via The Iconoclast.)

Durbin Says Internet Giants Close to Agreement on Code of Conduct  (8-4-2008)

Monday, August 4, 2008

[WASHINGTON, DC] - U.S. Senator Dick Durbin (D-IL) today announced that a number of the largest American internet companies, human rights organizations and other stakeholders have reached agreement on a voluntary code of conduct that would govern internet companies operating in countries where internet freedom is restricted, like China. The participants are now reviewing the agreement for final approval.

‘I commend Google, Yahoo!, Microsoft, and other participants for agreeing on the principles of an internet freedom code of conduct,’ Durbin said. ‘This code of conduct would be one important step toward our shared goals of promoting freedom of expression and protecting the privacy of internet users around the world. I look forward to learning more about the details this agreement and whether it will adequately regulate American companies operating in internet-restricting countries.’

On July 21, Senator Durbin, the Chairman of the Human Rights and the Law Subcommittee, and Senator Tom Coburn, the Ranking Member of the Subcommittee, wrote to the CEOs of Google, Yahoo!, and Microsoft, urging them to finalize and implement the code of conduct as soon as possible. Durbin and Coburn have received responses from the three companies stating that they had reached an agreement in principle on the code of conduct.

Durbin noted that American internet companies have an obligation to resist censorship and protect fundamental human rights even before the code of conduct is finalized.

‘While the code of conduct is being finalized, I urge American internet companies operating in repressive countries to do everything possible to resist censorship and protect user privacy and freedom of expression, especially with the Olympics beginning in China later this week. We must ensure that American companies operating in repressive regimes protect fundamental human rights,’ said Durbin.

Durbin’s and Coburn’s inquiry followed a hearing on global internet freedom that Durbin chaired in the Human Rights and the Law Subcommittee on May 20.