It'd cost more than $9100, even counting your time as free, to fight this as an individual. So companies know they can do to you what they please.
Not necessarily true. In many states small claims court doesn't allow attorneys (or at least it's not unusual to not have one). Fight it. That kind of mentality is why they try this sort of thing. If everyone they did this to took them to small claims court they'd think twice.
Got a "buddy" in the process of suing AT&T like this right now. They've already offered to settle for about 50% of what he was asking for. He's holding out.
It's no longer "copyright", it's a gagging order for the common man.
*This.* Call it paranoia if you want, but I think that's exactly where this is headed - the death of free speech/expression (and not just on the internet - anywhere; these rules don't just apply to the web). Of course not every case will (or can) be tried, but you don't want to be used as the deterrent example, and neither do I. So, shut up civilian, and let the government/mass media tell you what to think. Then don't you dare criticize it, or the penalties will be more than you care to deal with.
Under the TPP's original terms, a country could limit the exposure of the owner of such a website to prison time, or to the seizure and possible destruction of their server, on the grounds that by definition their infringement didn't cause any lost sales to the copyright owner. (Note that they would be liable for civil damages to the copyright owner in any case.)
Although a country still has the option to limit criminal penalties to “commercial scale” infringements (which is so broadly defined that it could catch even a non-profit subtitles website), the new language compels TPP signatories to make these penalties available even where those infringements cause absolutely no impact on the copyright holder's ability to profit from the work. This is a massive extension of the provision's already expansive scope.
Perhaps most concerning, however, is the fact that this means those stiff penalties apply even when there is no harm or threat of harm to the copyright owner caused by the infringement.
Think about it. What sense is there in sending someone to jail for an infringement that causes no harm to the copyright holder, whether they complain about it or not? And why should it matter that the copyright holder complains about something that didn't affect them anyway? Surely, if the copyright holder suffers no harm, then a country ought to be able to suspend the whole gamut of criminal procedures and penalties, not only the availability of ex officio action.
This is no error—or if it is, then the parties were only in error in agreeing to a proposal that was complete nonsense to begin with.
All this will do is kill a certain proportion of UK porn websites...
My point is that shutting down porn sites (following the rules or otherwise) isn't the goal. In fact, if I'm right about it being more about revenue than anything else, shutting down these sites runs contrary to the actual goal - because a shut down site can't pay a fine. Crusades like this never produce real results - there may be an "example" or two made in the beginning, but that's just more about continuing the program and keeping a few thousand overpaid bureaucrats in a job - i.e., making sure the funding keeps on coming. Fines and tax revenue make sure that gravy train never stops - so in the end, it's just tool for channeling all real money to the ruling class. Jerk off to your silly porn all you want, peasant.
If the government really cared about shutting down porn sites, they'd just shut them down, and no, it wouldn't be impossible. If GHCQ and the NSA can record and archive every single voice call in the developed world, and build a search engine for finding single phrases in those calls at will, then they know damn well what you're watching online and whether or not it's "legit" or not. Similarly, making porn impossible (or so difficult as to be utterly impractical for all but the most die-hard) to obtain would be relatively trivial.
To downgrade the human mind is bad theology. - C. K. Chesterton