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forgive typos, on phone. While I understand your point there are some major differences in the purpose of murder laws and copyright laws and specifically in ho

by csydas 10y ago

forgive typos, on phone. While I understand your point there are some major differences in the purpose of murder laws and copyright laws and specifically in how they are carried out. You can't automate murder charges; you can't issue thousands of murder charges a day against someone. The onus is on the accuser to have evidence and they are required to present that in trial before anything legally actionable can happen. There has to be reasonable cause for suspicion to deprive a person of rights over a murder charge. And most importantly perhaps, murder laws can be used by people far more evenly. My issue with copyright claims is that there's no cost to the companies for lying or being wrong. There's no reason to not send out dmca notices if you have no proof or are wrong. Murder is pretty clear cut in whether or not a murder has occurred, it's the "whodunnit" that is on trial. With copyright, whether a crime has actually been committed isn't as clear. When a dmca is sent, it must include an oath, under penalty of perjury, that the information is accurate. If you lie in court, you get punished for perjury. Not so with dcma. An individual cannot win against a corporation as a rights holder -- this has been tested and often nothing happened except the corp eventually stopped the I fringemet after they already profited. Fun aside, iOS Keeps trying to autocorrect dmca to scam.

throwanem 10y ago
> iOS Keeps trying to autocorrect dcma to scam. Perhaps that's because the acronym is "DMCA", from "Digital Millennium Copyright Act".
sandworm101 10y ago
Murder is the go-to law for comparison because it is simple, old, and the most commonly understood. It is balanced against a host of doctrines that legalize various forms of killing, as copyright is balanced against doctrines that allow copying/taking. And murder charges could be automated like the DMCA. Millions die every year in hospital. We could easily setup a system whereby a wrongful death suit (one of the many civil version of murder) is launched after every death by default. As takedowns are sent on scant evidence, wrongful death actions could start as soon as there is a body. We don't do that because it would be expensive, onerous and silly, which should inform the DMCA takedown process.

by csydas 10y ago

throwanem 10y ago

> iOS Keeps trying to autocorrect dcma to scam. Perhaps that's because the acronym is "DMCA", from "Digital Millennium Copyright Act".

sandworm101 10y ago

Murder is the go-to law for comparison because it is simple, old, and the most commonly understood. It is balanced against a host of doctrines that legalize various forms of killing, as copyright is balanced against doctrines that allow copying/taking. And murder charges could be automated like the DMCA. Millions die every year in hospital. We could easily setup a system whereby a wrongful death suit (one of the many civil version of murder) is launched after every death by default. As takedowns are sent on scant evidence, wrongful death actions could start as soon as there is a body. We don't do that because it would be expensive, onerous and silly, which should inform the DMCA takedown process.