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In practice, until they change the law so that the service providers can determine fair use and discard the DMCA request in fair use cases, nothing will change
by unoti 11y ago
In practice, until they change the law so that the service providers can determine fair use and discard the DMCA request in fair use cases, nothing will change much. Litigious people and organizations will file and file, and the service providers will have to take it down. If the service provider doesn't follow the process, they lose their safe harbor. And there's virtually no room for the service provider to exercise discretion-- they need to act on the DMCA's they receive, as long as all the required components are present.
- rtpg 11y agobut doesn't this ruling effectively change the process? If a DMCA request is explicitly saying "fair use was considered", but it wasn't, then this litigious organization will quickly find itself in front of a court and be shut down/forced to use humans. I think there's a "good faith" aspect to DMCA requests that needs to be respected.
- ascagnel_ 11y agoIt's also worth remembering that some of the most common recipients of DMCA takedown requests don't actually deal with DMCA requests. For example, YouTube has Content ID, which doesn't actually trigger a true DMCA takedown until after the uploader has claimed they have the right to post the content in question. Content ID has long been weighted towards removing content; it's far easier to send an automated request versus trying to get a video reinstated.