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Because they are using the courts, wrongly IMO (since his use was fair), to attempt to stop him from using the courts rightly. The statutory damages for their
by tehwebguy 9y ago
Because they are using the courts, wrongly IMO (since his use was fair), to attempt to stop him from using the courts rightly.
The statutory damages for their willful infringement are high to disuade bad actors from simply asking forgiveness when caught instead of asking for permission.
- techdragon 9y agoThe sheer volume of content created in the current day makes the permission vs forgiveness model broken. We are rapidly losing track of who to even ask the permission from in many cases (the entire orphan works mess) and unfortunately it's going to mean much of the history of the last 25 years of the 20th century, and perhaps even the entire history of the 21st, may be... for all practical purposes... lost instead of the most well preserved and accessible.
- stinkytaco 9y agoI think with safe-harbor, the model in many places is forgiveness rather than permission. The burden in on the rights holder to remove content and, as you say, there's so much content produced that you can see why they essentially dragnet their copyright enforcement. But the end result is the same, the model is broken and needs to be reevaluated.
- tehwebguy 9y agoSafe harbor protects the UGC facilitating site, it does not protect the user that “generated” infringement. For example, a copyright holder need not send a DMCA takedown notice to YouTube before suing the uploader of their copyrighted material.