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Florida Intends to Protect IP Rights With Bill Driving Unattributable Website Owners to Reveal Identity
The proposed law would compel owners of un-attributable sites dealing with videos and commercial records to disclose their true identity in an attempt to resist copyright infringement.
Other authorities including Canada and Australia have tried to fight online piracy with laws. Downloading services like Lime Wire have been found to be liable in copyright infringement before.
The bill goes on to say what parts of a website are believed to be suitable for the disclosure of the information.
The bill expressly excludes web hosting ISPs and providers from liability.
Copyright holders are given the right to request a judge in the event the website continued to be anonymous, to disclose the identity. “The increase of the Internet has provided many opportunities and challenges for the complimentary communication of thoughts and notions. “A system which protects the rights of creative content producers to choose how their works are exhibited and given out has to be balanced against creating barriers which could fundamentally change the essence of the Web as well as the free flow of wisdom and advice.”
The investigation describes one of the more important challenges of enforcement of this type of law. “It’s uncertain if Florida could claim authority over foreign sites should an aggrieved party effort to impose the disclosure requirements of the bill against a web site owner or operator found outside of Florida. Proponents don’t anticipate sites owners or operators found outside of Florida to react to suits or bow voluntarily to authority in Florida courts,” said the investigation. “As such, proponents anticipate for any proceeding against owners or operators of sites situated outside of Florida to finish in default judgments.”
Along with enforcement problems, the brand new law could infringe on free speech. Driving web site owners to identify themselves offends the First Amendment when laws like this one are obscure about which particular websites must abide. “In addition, using state law to control the contents of sites creates constitutional issues as the Internet is borderless. This bill could readily apply to websites hosted any place in the United States, not only in Florida. State regulation of sites can interfere with all the federal government’s exclusive power over interstate trade.”
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