4 ms·
For starters, actually enforce the required elements of a DMCA notification: (i) a legal signature (ii) identifying the infringed content (iii) identifying t
by rndgermandude 8y ago
For starters, actually enforce the required elements of a DMCA notification:
(i) a legal signature
(ii) identifying the infringed content
(iii) identifying the infringing content
(iv) proper contact information
(v) statement of good faith belief the content is infringing
and (vi) statement the information is accurate and statement under penalty of perjury of authorization.
Last I saw every pseudonymous troll can make claims, not fulfilling (i) at the very least. I remember I used to click some of those chilling-effects/lumendatabase links google displays when they removed some things from search, and I remember I found it rather curious that a lot of these usually where incomplete notices, usually failing (i) (ii) (v) and (vi) (and they only got (iv) right because they emailed and every email has a From:).
"How the heck are they even supposed to know who the copyright holder is? The troll claims it's theirs, the user claims it's theirs, they have no basis on which to believe one or the other."
The DMCA has a procedure for that:
1) Copyright "owner" claims content with google
2) "Uploader" files a counter claim with google
3) At which point google has to put it back after 10 days if the "owner" doesn't notify google they filed an action against the "uploader" in a court.
Yes, this is still far from optimal, for all parties involved, however, it's still a lot better than what google does with ContentID.