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Is there any reason this can't be done in reverse? (IANAL) Perhaps a small orchestra can put a bunch of stuff online, with copyright of their performance, and
by fcbrooklyn 8y ago
Is there any reason this can't be done in reverse? (IANAL) Perhaps a small orchestra can put a bunch of stuff online, with copyright of their performance, and then issue takedown notices on all of Sony's versions.
- mirimir 8y agoInteresting. So what does happen with dueling takedown requests? Do first movers always have the advantage?
- fcbrooklyn 8y agoI'm not sure (not a lawyer). In theory, both request should be squashed, and I think there's a serious penalty for knowingly issuing a bullshit request, but i've never heard of the big guys being sanctioned, perhaps they lean on the excuse that their automated tools generate false positives. So you need to put up the content, and then point crappy automated tools at the big boys, maybe. I'm not gonna do it, but if someone who knew what they were doing managed to generate a ton of takedowns at the large providers, in a legally safe manner, it might at least prove a point and generate some press.
- rocqua 8y agoGetting access to the automated process on a platform requires that you are a large player. If you use the smaller system to issue notices, there is no plausible way you aren't acting in bad faith. That plausible deniability offered by the automated system probably gives the large players sufficient cover.