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What about the DMCA? It seems like people cower in fear of it, but only with regards to the entertainment industry. Is that only because it's dangerous when the
by themartorana 11y ago
What about the DMCA? It seems like people cower in fear of it, but only with regards to the entertainment industry. Is that only because it's dangerous when the copyright holder is a huge corporation, but remains effectively toothless for those unable to support years of litigation?
- AnthonyMouse 11y agoThe DMCA safe harbor applies to intermediaries. It essentially says nobody can sue YouTube for the copyright infringement of its users if they take down user content on request. The problem with it is that the intermediaries have no practical way of knowing whether the user who posted the content had a legal right to, so it causes everybody execute takedown requests regardless of merit. People violating the GPL usually aren't intermediaries. If they don't get the safe harbor to begin with then they can't lose it by not following the takedown process. I wonder if an intermediary could be found though. If an infringer is hosting their website on AWS, what happens when somebody sends a takedown notice to Amazon?
- ijk 11y agoThe other thing about YouTube takedowns is that they're often technically not DMCA takedowns anymore. Technically, false DMCA claims open the claimer to penalties. But, if the Content ID match (even on a false positive) or one of YouTube's contractual obligations triggers, the content is flagged without going through the DMCA process. https://www.eff.org/issues/intellectual-property/guide-to-youtube-removals https://www.eff.org/issues/intellectual-property/guide-to-yo...