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In the long run this mechanism does suppress free speech. If one party on a debate was forced to always wait 2 weeks until responding, would you not consider th
by lutorm 17y ago
In the long run this mechanism does suppress free speech. If one party on a debate was forced to always wait 2 weeks until responding, would you not consider that a disadvantage over the long run?
It sounded to me like the real issue the paper had was that the DMCA takedown system works on the principle of "guilty unless proven innocent" in situations where they argue it would not be straightforward for even a court to decide if fair use applies.
Your solution sounds reasonable at first glance, but I don't know where you live where the courts could be counted on to even start thinking about scheduling a hearing within two weeks.
Your opinion of which damage is most severe to you, that monetary loss is more severe than suppression of free speech, is natural if you are a content provider. Whether that would also be the judgment about society as a whole is not at all clear to me.
- Silhouette 17y ago> If one party on a debate was forced to always wait 2 weeks until responding, would you not consider that a disadvantage over the long run? Of course, but it seems to me that the problem here is not the two-week window, as much as the insufficient penalties for abusing it. If someone repeatedly files DMCA takedown notices against the same party, or against multiple parties related in some way (same organisation, common interest, whatever), but repeatedly fails to bring an actual lawsuit or otherwise contest counter-notices, then that person or organisation should open themselves to a harassment lawsuit with the risk of penalties based on actual damages + punitive damages based on the general harm of allowing suppression without cause, if a court finds that they really didn't have reasonable grounds for filing the original notices (as opposed to, for example, being well within their rights to file, but not having the money to follow through with a full court case against a megacorp after counterclaims were filed).