A person i am currently debating with claims that chan boards in general and under US jurisdiction are illegal, due to failing to fall under fair use; since the posting has no benefit for public or artist, the work as a whole is being shared and the possible commercial value is diminished due to widespread; nor being able to use the safe harbor, even when policing for commercial material; since the case of comedy central vs youtube.
Are any of you knowledgable and perhaps fact-experienced in these matters and could help me negate his arguments?
I know that wtfux has dealt with a furry artist's DMCA takedowns before, so imageboards can operate within the system and get safe harbor protections.
The safe harbor provision of the Digital Millennium Copyright Act works like this:
Content hosters are safe from lawsuits if they remove content targeted by a takedown notice within 14 days. During that time or afterwards the ISPs/hosters try to contact whoever put up the content. That person can dispute the takedown and ask for the content to remain or be put up again, but in return assumes full legal liability. So the ISPs/hosters go free in this case too.
Comedy Central vs Youtube is a bad example since Youtube complied with the takedown notices. CC never went to court over it. Viacom has sued Youtube but that case is far from settled. There's no precedence to be found there.
The closest thing your friend can point to is the Supreme Court decision that went against a P2P company for "facilitating copyright infringement". Whether that ruling can be applied to an imageboard is less than clear. Content on a P2P network without a central server cannot be removed, only filtered at best. So companies operating such P2P networks are incapable of complying with takedown notices, leaving them wide open for lawsuits under the DMCA provisions.
Posting has no benefit? Personally, I would consider free speech, dissemination of knowledge, human communication, etc to be of great benefit.
>>2
Last I heard that situation wasn't entirely resolved.
Actually just found out that it has been. Furry artist essentially lost but wtfux admin still owes a small amount of money.
Furry "artists" shouldn't be allowed to live, let alone sue anyone.
Wow, isn't capitalism disgusting? Must EVERYTHING created be done so for the sake of a commercial intrests? Why should people pay to enjoy intellectual property?
>>8
Your post makes me both laugh and cry.
>>7 Yeah and futanari, tenticles and lolicon "artists" are just as worst.
enjoy the party now, future efforts at subversion will be forced to become increasingly elaborate technologically to survive.
lol poop
>>17
hay anonymous
Did a furry rape your dog or why your hatred for these people? Did they do anything to you? Are you deranged?
As for the legality of these chan boards: most of them are full of pedophile pictures and defamation. Half of the people posting there should be shot.
Furries are a blight on the earth.
Regarding legality, I don't see how the concept of the imageboard breaks any laws in itself. An imageboard is a place to post images and hold discussions. It all depends on the content posted. Certain chan boards could probably be shut down by the authorities for the reason that they're primarily used to post illegal content.
> Did a furry rape your dog or why your hatred for these people?
Yes.
> illegal content
If you take the first amendment to the US constitution to mean what it actually says, there's no such thing as illegal content in the US. Of course the constitution doesn't mean much anymore, the supreme court has decided they can reinterpret it to mean anything they want it to mean.
>>21
wow, I guess we should take your interpretation of the law over the scholars that have spent well over 20 years of their lives in schooling and 20 more years working in their respective specialities.
BONESAW
>>22
wow, I guess you are just stupid. Have you ever noticed, how laws are twisted and mangled according to the ruling party's will? No? Go and read a newspaper.
What, you like spam?
BONESAW IS READY
I've had an idea for a textboard (strictly text only), an evil den of trolling and spamming and flaming, founded on the principal of no moderation what-so-ever. Now, I see that if the site is hosted in, say, Germany, it would break German law to have neo-nazis take residence on the board and promote Hitler. However, I am uncertain as to the extent site administration is responsible for user-driven content in the US, especially if it is only text. Does anyone have some legal advice for me?
>>34
"Congress shall make no law... abridging the freedom of speech..."
>>34
Courts have ruled that information about how to get CP (e.g. links to sites, search keywords, etc.) is equivalent to the CP itself. Also, users can post base64encoded images on a textboard and it's much easier to moderate that sort of thing than an actual picture in plain view. There's a lot of ramifications like that which you've got to consider.
Further, if you ever find yourself asking for legal advice, my advice to you is to talk to an actual lawyer. Yes, that means you'll probably need to pay for it, but you get what you pay for. Plus you'll have the peace of mind knowing whatever advice you're given can be backed up in court by the same lawyer should something come up -- which it almost certainly will.
> Also, users can post base64encoded images on a textboard and it's much easier to moderate that sort of thing than an actual picture in plain view.
You bring up an interesting point, which reminded me of the AACS encryption key controversy (09 F9 ...). Take any image, legal or not, and turn it into a huge number or a set of numbers in tabular format. There is nothing illegal about numbers themselves, and the whole thing could easily be seen to just be an array of random numbers.
Even a textual post like this could be considered illegal if the lengths of each word were made so that it could be decoded in some way to "illegal" data. The possibilities are endless and intriguing.
I considered this when setting up my imageboard.
It's hosted locally on my server, using typical cable ISP bandwidth. It's a board for a PvPGN server, and I just decided to stop being such a pussy and allow image replies/threads.
I'm genuinely worried that people will attempt to post illegal materials to my imageboard. I'm not sure how to prevent it, since basically anyone can do it at any time without my knowledge, and I'm not sure what exactly I do (what can I do?) when it does happen. Not just to avoid attracting any unwanted law enforcement attention, or to cover my ass, but to make sure that it doesn't happen again and that the people responsible are reported to the appropriate authorities.
>>40
check it often, and if anyone posts anything illegal delete it and ban the ip it was posted from.
you probably won't have any useful information about the people responsible to report to the authorities anyway, since anyone posting anything illegal will probably be using a proxy.
>>37
>>39
Why just base64? There's uuencode, basE91, ASCII85, yEnc, to name a few. One can also easily create their own binary to ascii scheme very easily. I wrote a program once that hid a BinAry FiLE iN THE caSe of PLAin texT. If the posters use an encoding you are not familiar with, do you just delete every post that contains seemingly random garbage, or posts that are extremely irregular?
Okay, reality check. This is a 16K image, small for a jpeg file:
begin-base64 644 CP.jpg
/9j/4AAQSkZJRgABAQEAYABgAAD/2wBDAAgGBgcGBQgHBwcJCQgKDBQNDAsL
DBkSEw8UHRofHh0aHBwgJC4nICIsIxwcKDcpLDAxNDQ0Hyc5PTgyPC4zNDL/
2wBDAQkJCQwLDBgNDRgyIRwhMjIyMjIyMjIyMjIyMjIyMjIyMjIyMjIyMjIy...
FR0G0envT2/i/CkQluvOAf5UmxWEJ34HQZ60wDGGyOMgil7fhSJyuD60bk7C
eb0Poc9O1RgLPIsZY4O53YdgOtIeQc9ulRWzGVbiVzl1UAHpgE807GkV1NrZ
D/z7SfmtFVfNf+8aKLE8x//Z
====I had to cut out the middle because Kareha says that the post is too long by 13764 characters. Even a small image has to be cut up and split into several posts. Who would bother?
>>43
When identifying identical images, you wouldn't compare the raw file data. Normally, a hash is computed based upon the outcome of the raw data, and compared against a predefined list. These hashes are usually around 35+ characters, depending on what hash lib you are using.
>>46
http://en.wikipedia.org/wiki/Hash_function
It's fairly elementary computer science, but like most of that field the rest of humanity has no interest.
Somehow I don't think that was what he was asking for.
>>44
I cannot believe someone actually tried that. Hex is so wasteful a system to transmit binary data. Secondly, jpegs don't compress very well: how large was the original post? It couldn't have been more than a thumbnail (still VERY illegal, however).
>>45
I understand hashes, I just don't understand what they have to do with >>43.
PS. Gendo is watching you:
begin-base64 644 Gendo.jpg
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====
Did you ever do ragga muffin business with don king?
>>49
i never saw the image, but it'd have to be pretty small to fit in one post like that...
assuming the default comment length limit (4192 bytes), the file couldn't be any bigger than 2048 bytes, which is incredibly tiny for a jpeg, and i doubt gzip would take any more than a couple hundred bytes off a file that's already compressed.
but like you said, it's still VERY illegal, and not just in one country like those encryption keys were. CP is illegal pretty much everywhere.
lol penis
Alot of Furries are great respectable people leave them alone
>>19
Wow... have you ever spent any decent amount of time on any image board?
Excluding the (very ) few that do cater to pedophilia, Even chan boards will do their best to 'clean off' any cp that should surface. If the Asshole of the internet can moderate itself into relative cleanliness, then why the hatred for all chans?
I'm not even going to begin to defend the furries, the internet just hates them for some reason. ... Although shitting dick nipples seem to be okay. Hurm. To each their own hatred I guess.
There is a question I see time and time again from furries. "Why do you hate us so much?". They point out all the other shit that gets posted on the internet and they can't understand why, of all the shitting dicknipples, dead cats and tubgirls, they're the most hated thing on the internet. Well, I'm here to tell you. What you have is a fetish. That's all, a fetish. Just like people who want to be pissed on or people who love feet.But you couldn't just have a normal festish, oh no. You had to make it a "lifestyle". You had to build your entire life around your retarded fetish. Then you took it a step further - you wanted to be able to show off your fetish lifestyle, rub it in everyones faces then you expected them to smile. You want to fuck animals and you expected people to be proud? Then you whine like nothing else when people tell you how retarded it all is, cry "fursecution" you're some oppressed fucking minority. You know what foot-lovers do? They keep it to their fucking selves. There's MILLIONS of them
and they're quiet about it, stay in their own little communities to talk about it and don't grind it in everyone elses face. They KNOW what they like is weird, they fucking deal with it like normal people.
THAT is why we hate you. You've got a retarded fetish and you insist on cramming it down everyone elses throat then DEMANDING that they treat you nicely when you just said you want to fuck a man-dog. You act like you've got some grand right not to have the piss taken out of you no matter how stupid what you're doing is. When a community tells you it doesn't want you there you don't realise it's not YOUR community and not your business. You try and FORCE them to tolerate you, you stay no matter how many people hate you and just shove your shit in their faces harder. How could anyone NOT hate you?
So go ahead, furry. Take a look in the mirror and then tell me I'm wrong. Or grow some self-respect and keep your fucking fetish private like everyone else.
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