# COICA, AKA Internet Blacklist (Concerning Copyright Infringement)



## Charn (Nov 28, 2010)

I am not usually an alarmist but this time I really feel it's important to be seen.

The COICA, "Combating Onling Infringement and Counterfeits Act" is currently waited for a Senate Vote. The purpose of the law is to give the Attorney General the right to basically black list domain names, which forces all internet providers (like Comcast), ad companies (Ad sense, banners), and financial institutions (AlertPay) to not recognize them.  He would have to get a court order, first, and citizens can appeal to have the ban lifted.

However, the reason I'm posting it is that the sites that the website has lifted for being 'available' for the AG to shut down are those that are (1) subject to civil forfeiture; (2) designed primarily to offer goods  or services in violation of federal copyright law; or (3) selling  counterfeit goods.  

2 is the one that bothers me. Primarily because even though the bulk of what is on FA is not copyright infringement, Rule 34 and all that means pretty much any copyrighted character in existance has been infringed upon. Dragoneer is a digimon, for example. 

I significantly doubt that FA would be a major target for the Attorney General, at least not at first, but regardless of that, this is a bad step. It's electing a king of the internet, pretty much. 


You can go http://www.govtrack.us/congress/bill.xpd?bill=s111-3804 to read more about it. I know there's a petition somewhere to strike it down but I don't have any faith in the public's ability to prevent laws from taking away their rights, so.

Sincerely, 
Charn


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## Charrio (Nov 28, 2010)

I think they would target pay sites way before free ones like this one, hitting any of those large toon sites making tons of cash off stolen characters. 
Obviously people who didn't bother to do anything other than steal an idea from a show and copy it altering it slightly for their own fursona would have issues defending that one lol 
Especially if they were making a living of some companies stolen character designs.


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## DOtter (Nov 28, 2010)

This could be bad. We (FA and Furry in general) have enemies. All they'd need is to find a few copyright violations and turn us in... I don't have faith in the FBI to read the AUP or TOS before assuming that FA is a pirate site. Yeah, this could be bad.


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## CannonFodder (Nov 28, 2010)

Wellll fuck, 4kids is gonna go apeshit.


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## Zoetrope (Nov 28, 2010)

Oh! This is interesting. :3 I can't wait to see how this pans out. Also I'm in another country, as is Alertpay, I'm wondering how the USA plans on enforcing this on us.


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## SEGAMew (Nov 29, 2010)

I may be reading this whole copyright infringement thing wrong, but I don't think companies can do much against fan art  And I always saw commissions as a "payment for an art service" kind of thing. You surely don't commission just any ol' bum on the streets or anything... unless they're gifted in the pencil.


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## quoting_mungo (Nov 29, 2010)

Copyright infringement is not the same as infringement of trademarks or intellectual property, indeed. I'd imagine that blacklist is more for sites grabbing official PokÃ©mon artwork and sticking it on unauthorized T-shirts and similar.


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## SEGAMew (Nov 29, 2010)

quoting_mungo said:


> Copyright infringement is not the same as infringement of trademarks or intellectual property, indeed. I'd imagine that blacklist is more for sites grabbing official PokÃ©mon artwork and sticking it on unauthorized T-shirts and similar.


 
Then I guess this COICA doesn't apply to FA situation then? =P


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## HappyBunny (Nov 30, 2010)

Yeah. I don't think that we have to worry. Honest. I think it's for those things that are hauling in cash or scamming people over it. Because, technically? Companies like Marvel or Disney or DC or whatever, could Technically go after every single person who did a Con sketch for someone, and made a buck. But they aren't going to. There's no money to be made by going from lawsuit to lawsuit. When they start having a fit is when you try PUBLISHING things. Making money. Turning a profit. Or otherwise supplying goods which they aren't legally allowed to. I'm pretty sure this is a set up for much bigger scams/pirates/etc. Most likely this is going after stuff like The Pirate Bay, etc. 

DC, MARVEL, ETC aren't going to send out their ALL-Terrain-Attack-Lawyers out for con sketches and commissions artists do. But if you try to publish, or succeed in publishing a book using their images without their explicit permission.... well, that's when you have a problem.

I'm not even REMOTELY concerned that any government internet operation is interested in FA for copyright infringement. If it was, we'd have been in a lot more shit. All the time. Like.... the pirate bay.

So. Try to remain calm. And if it DOES happen? Join the people whom are probably actively fighting it, anyway. 
No need to hyperventilate about it. Things will be okay. They aren't sending the internet SWAT team in after us. Shhh.... drink some warm milk and have a nap. 

((You don't have the right to infringe on copyright. You have the ability to. But you'd be breaking copyright. You don't have a 'right' to breaking copyright. I mean, I get what you mean, but. I'm just saying. They aren't infringing on anyone's rights if they're only going after people and organizations that are breaking copyright. Just... you know. So you know. Just saying))


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## Werewolfhero (Nov 30, 2010)

I wouldn't think it'd apply to fanart either. What better way to turn away a fanbase than suing the fans. X'D

Although there might be legal issues with those who commission copyrighted characters. Even then it'd be hard for capcom, disney, etc to go after commissioners or commissionee's unless they're part of those massive toon porn websites.

Another reason I have doubts about them going after the general fans is due to all the comic / manga artists on places like DA or groups like Udon who work with capcom and do fan contests, such as the one for the Darkstalkers and Streetfighter artbooks.


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## Torinir (Nov 30, 2010)

Fruxie said:


> Oh! This is interesting. :3 I can't wait to see how this pans out. Also I'm in another country, as is Alertpay, I'm wondering how the USA plans on enforcing this on us.



Well, if the recent shitstorm over DHS seizing 77 domain names through ICANN is any indicator, THAT would probably their primary method of enforcement. ICANN controls most of the DNS resolution in the Americas and is hosted in California, which means they are completely bound by the laws of the USA.

http://opinion.latimes.com/opinionla/2010/11/seizing-domain-names-without-coica.html


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## Torinir (Nov 30, 2010)

SEGAMew said:


> Then I guess this COICA doesn't apply to FA situation then? =P


 
It *might* if the courts consider trademark or IP infringement to be "counterfeits" under COICA. Hard to tell until it has been tested in the courts, however.


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## Zoetrope (Nov 30, 2010)

Torinir said:


> Well, if the recent shitstorm over DHS seizing 77 domain names through ICANN is any indicator, THAT would probably their primary method of enforcement. ICANN controls most of the DNS resolution in the Americas and is hosted in California, which means they are completely bound by the laws of the USA.
> 
> http://opinion.latimes.com/opinionla/2010/11/seizing-domain-names-without-coica.html


 
*headshakes* You have to think they have more important things to spend money on.


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## Torinir (Nov 30, 2010)

Fruxie said:


> *headshakes* You have to think they have more important things to spend money on.


 
It's government. Do you really expect fiscal responsibility from them?


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## Zoetrope (Nov 30, 2010)

Torinir said:


> It's government. Do you really expect fiscal responsibility from them?



I can dream.


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## Dragoneer (Nov 30, 2010)

HappyBunny said:


> Companies like Marvel or Disney or DC or whatever, could Technically go after every single person who did a Con sketch for someone, and made a buck. But they aren't going to. There's no money to be made by going from lawsuit to lawsuit. When they start having a fit is when you try PUBLISHING things. Making money. Turning a profit. Or otherwise supplying goods which they aren't legally allowed to. I'm pretty sure this is a set up for much bigger scams/pirates/etc. Most likely this is going after stuff like The Pirate Bay, etc.


Here's the thing. They don't need COICA to even do that right now. Any company /could/ technically go after others to protect their trademark if they wanted to, COICA or not. But they also don't want to piss off their fans, and mass censorship is something that can and will potentially bite them in the ass. Companies are careful, especially because they know their fans are brand loyal. If your fans blacklist you in retaliation then you're not just losing the sales, but you're losing word of mouth advertising from enthusiasts, and word of mouth is way more powerful than any TV commercial. Companies RELY on word of mouth. It's more than an advertisement, but a testimonial and outright recommendation.

COICA's entire goal is to shut down piracy. Nothing more, nothing less. Yes, there are potential ramifications of "what if they..." but _that's a risk with anything_. They want to stop LOLMPAALOL42 from uploading a rip of Avatar 2 and netting more than 16,000,000 downloads in a week's time. Sure, one download is not one lost sale, but "free" can also impact people shelling out $2 or $3 from renting a movie (which is also lost sales).  Rentals are a huge part of the market, if people are watching your stuff without paying even a $2 rental... it affects everything. Just ask Blockbu... st... or, wait. They're dead. Netflix killed them.

Companies don't give a damn about RabidFox_11 drawing IronMan/Renamon Crossover Digimodification smut. It's not worth the legal fees for their crews, not worth the exposure, not worth their time.


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## Wolfiefang (Nov 30, 2010)

I this also falls under then Drawing a painting of Mona Lisa. It's YOUR painting of Mona Lisa. So long as you don't try to sell it as THE Mona Lisa, it's your artistic view of the picture. You art is your art, you just can't claim you invented the thing. I don't know the whole law fully in any fashion, and it was word of mouth from college art teacher, but it made sense. That being said, you can't take a photo of Mona Lisa and sell it XD but that's a different story.


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## Firehazard (Dec 6, 2010)

Frankly I'd worry about YouTube getting shut down for being a "pirate site" long before we do. Because there'd be plenty of justification for claiming it's one.


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