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'The undermining of the U.S. copyright system is an urgent matter that needs to be addressed now!' |
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DataRevenue.Org -'A new revenue stream is
unfolding - MMS' Does
the DMCA Provide Safe Harbor to Mobile Networks........ SUBJECT: The Undermining of the U.S. Copyright System To The Library of Congress, Here and now we live in a self- publishing society thanks to the Internet and related technologies. The undermining of the U.S. copyright system by peer2peer file sharing abuse is an urgent matter that needs to be addressed now before it is too late. The good news is that there is a way to strengthen the integrity of the U.S. copyright system going forward if implemented promptly. We must act now. Please don’t place our request to be heard by persons of authority into the non-productive maze of passing the buck. These are urgent issues that we have spent years researching. We are very pleased to say we have a solution.
Background But ironically, that same foresight was grossly absent in considering the repercussions that public use of the Internet would have upon the U.S. copyright system. If the Betamax Case was a Supreme Court precedent setting event, what in the world were we thinking by unleashing the Internet without addressing the copyright issues beforehand? The Internet coupled with a personal computer is the most powerful copying and publishing mechanism man has ever known! Therefore, it was the government’s responsibility to ensure that rights holders’ interests were protected before unleashing the greatest copying and publishing mechanism ever and it was the government’s responsibility to insure that ISP’s, (Internet Service Providers), would be in compliance or they would NOT be issued clearance to be an ISP. Basically, a statutory rate should have been established. Whereas, whenever copyrighted materials were downloaded, (this is a form of distribution and publication), via an ISP the rate would kick in to be deposited with a designated collective that represented the interests of ALL rights holders. It is my guess that The Library of Congress was not privy to the conversation. The Solution - Mobile Networks Mobile networks contain the Internet within As we move towards a mobile future it is important to know there is another opportunity to put measures in place before they become a problem to the U.S. copyright system. As I mentioned in my first correspondence to you, within 5 to 10 years we will more likely than not be able to send an entire movie from one mobile device directly to another mobile device, (peer2peer). A statutory rate will make that a productive event. What if there is nothing in place? We have a plan for implementation. Conclusion Regarding our petition for rulemaking before the CRB, we were already informed by Judge Sledge that there was not an existing statute that would enable the CRB to act upon our proposal. That is why we began and continue to solicit Congresspersons and Senators on the Judiciary Committees. We have also solicited the NTIA and Department of Commerce for help in the development of our work.
Regarding further
funding, we understand the Library of Congress may not have resources
available for such a thing. We are very hopeful that this correspondence causes actions on your part as it is our firm belief that this is the right time to move on this because there is no time to waste. With all due respect, as of now, The Library of Congress IS privy to the conversation.
Best regards,
President Obama Dear Mr. President, Please take a few moments to read the attached open letter to the Library of Congress. These are urgent issues that can be resolved if we move promptly. This is our way of keeping The Executive Branch in the loop. Thank you very much for your considerations.
Best regards, SUBJECT: Telcos, Copyrights and P2P
I'm attaching a few links and docs to help get you up to speed.
One of our members, Luvdarts LLC just submitted "Notices of
Infringement" to the top 4 U.S carriers about 30 days ago.
Next, they will be sending "take down" notices per DMCA Sect
512(c). Well of course this will be virtually impossible for
mobile networks to do and we do so to point out the vulnerabilities in
their new MMS model. Each MMS transaction earns them MMS data
revenue. Can they really say they didn't know the end user was
sending and receiving someone's copyrighted multimedia?
More importantly, can they say they didn't profit from those transactions? There are a number of ways you can help. Let's start with understanding and go from there. Also, time is of the essence as this is truly an opportunity to get the Telcos to the table.
Luvdarts
LLC to File a Three Billion Dollar Copyright Infringement ...
DataRevenueOrg is a nonprofit trade association that believes there should be ... Max Davis Founder of DataRevenueOrg to Speak on Panel at Third Annual P2P ... SUBJECT: Telcos, Copyrights and P2P (2) __________________, As a young turk you could help show the Mike
Masnicks, (techdirt.com)
of the world that http://datarevenue.org
does not believe that the Internet generation is a bunch of pirates
stealing copyrighted works whenever possible. SUBJECT: Reaching Out to the Wireless Carriers
December 21, 2009 Dear Wireless Carriers, I
am contacting you today because there are copyright infringement issues
on mobile networks that are on the verge of litigation, (Luvdarts
LLC et al vs U.S. Wireless Carriers). My
organization feels that this can be avoided and/or mitigated with open
lines of communications between the principles. DataRevenue.Org
is a non-profit trade association that has been soliciting, the House
and Senate Judiciary Committees, The FCC, WTB, NTIA, Department of
Commerce, Library of Congress and the Executive Branch regarding the
undermining of the United States copyright system.
This undermining is a result of the Internet and related
technologies providing unfettered access to copyrighted materials along
with other information that ultimately promotes the growth of human
knowledge. The Internet is an awesome vehicle; however,
in the study of master systems, systems and sub-systems of sub-systems,
it becomes obvious that the laws of cause and effect hold true. Wireless
carriers have recently departed from a condition of “dumb pipelines”
to a condition of “willful content distributors”.
In doing so, that created areas of vulnerability that will
eventually result in a large amount of preventable copyright litigation
against wireless carriers. Based
upon existing U.S. copyright laws wireless carriers will most likely
have many tough battles ahead. This
scenario is definitely preventable. Verizon’s
recent summary judgment vs ASCAP, was an expected outcome by our
organization. Based upon
our early evaluation before the summary judgment, we analyzed the
issues and were hard pressed to find where there was a direct financial
gain in a ringtone’s public performance. Luvdarts LLC is a member of our organization. They recently sent “Notices of Infringement” to the four largest U.S. carriers. The notice is about accountability for multimedia being distributed and published via your mobile network by others that generate MMS data revenue for wireless carriers. As
you begin to deploy your 4g technologies you will once again expose
multiple vulnerabilities as you enable the delivery of multimedia in
different forms that may or may not originate directly from your servers
or server networks. These
copyright issues are only a few vulnerabilities we have found in your
model going forward. These
issues are ALL addressable at
this time with your cooperation. ASCAP,
BMI, SESAC, HARRY FOX, APA, DGA, SOUNDEXCHANGE and other PROs and
mechanical rights organizations are NOT chartered for multimedia.
Therefore, as you continue to evolve your networks, you will
have to deal with each and every increment along the way to provide
accountability and segregation for all of these and other stake holding
organizations on behalf of their member’s rights. The
answer is for wireless carriers
to advocate for an organization that IS
chartered for multimedia. That organization should have as its
members, organizations like ASCAP, BMI, SESAC, HARRY FOX, APA, DGA,
SOUNDEXCHANGE and other multimedia stakeholders. That
organization is DataRevenue.Org. We hereby
extend this invitation to wireless carriers to open up the dialogue to
help establish what is necessary to insulate wireless carriers against
further copyright infringement on
mobile networks for the good of
the whole. Implementing the above dialogue includes the joint
development of initiatives that will cover all areas of copyrighted
multimedia culpability on mobile networks utilizing unified efficient
visions of technology’s effects upon the consolidation of the media
going forward. Best
regards,
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'It is time to look ahead and prepare for things to come.' |
