3 ms·
but 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 org
by rtpg 11y ago
but 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.