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This seems to beg an important question: are people who use legal means to remedy their inclusion on a blocklist necessarily doing so for nefarious reasons? No
by ajarmst 9y ago
This seems to beg an important question: are people who use legal means to remedy their inclusion on a blocklist necessarily doing so for nefarious reasons? Not everyone who's used a cease-and-desist or the DMCA process is a bad actor.
This extension isn't necessarily bad---if its purpose is simply to ensure that DMCA takedowns and cease-and-desist orders are properly supported and enforced only with good cause, then that seems valuable. If it ends up as a tool that starts making people who are legitimately trying to protect their livelihood or interests give up by making their legal remedies unenforceable or too onerous to undertake, then maybe we need something a little less cavalier.
- mholt 9y agoYou would only use a DMCA takedown on a blacklist if you want to force your content to be viewed by others. That is bad acting. DMCA is to protect the rights of content owners from their content being spread maliciously, not for it to be blocked from viewing in an individual's private home or device.
- ajarmst 9y agoFair enough. But I was just accepting the OP's conflation of DMCA takedowns and cease-and-desist orders. The concern remains valid in the latter case (I'm not sure the DMCA could even legitimately be used in this rather odd, inverted way, and agree that it's hard to imagine a valid use). My point is that nothing I do to a blacklist could "force" anyone to view my content---but I might have a legitimate interest in correcting a blacklist's mischaracterization or miscategorization of my content.