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Require it to reserve the money for each DMCA takedown request. The amount is equivalent of fair compensation if the request was borgus.
by ezoe 8y ago
Require it to reserve the money for each DMCA takedown request. The amount is equivalent of fair compensation if the request was borgus.
- Someone1234 8y agoIgnoring for a second the difficulties in calculating "fair compensation," that would mean that small creators would need HUGE pots to file a DMCA against larger entities (since damages could be fair higher if you're mistaken against big/powerful/etc entities), and conversely it would still be super cheap to take down obscure creators. In effect this would double down on the existing power imbalance, and allow large entities to continue their abuse practices almost unabated (except against one another).
- crazypyro 8y agoExcept, as it stands today, the system is extremely ripe for abuse by people who can file claims almost without consequence. There are countless examples of YouTube creators losing monetization for frivolous claims, but as the system stands, its guilty before proven innocent, especially for smaller creators....
- pavel_lishin 8y agoSure, the current system sucks. But that's not an argument against the proposed solution being also bad.
- Someone1234 8y agoYouTube's take-down system has nothing to do with the DMCA. While you can file a DMCA against YouTube, the biggest problems have been a result of YT's own take-down/copyright/strike system that is of their own creation (and has no legal punishment for abuse, since it isn't built on the legal system at all). DMCA abuse does occur. But YouTube is the exception, rather than the rule, since they're largely not DMCA.
- JohnFen 8y ago> allow large entities to continue their abuse practices almost unabated They can do that anyway. If I file a legit DMCA notice against a large corporation, they can simply file a counternotice. At that point, it's up to me to sue the large corporation and the instant it actually becomes a lawsuit, anyone without a large pot of cash to burn doesn't really have much of a chance regardless of the legitimacy of it.
- ezoe 8y agoThe entity whose content took down by a DMCA takedown notice counter request the amount of fair compensation which the sender must obliged to reserve it to the court. I don't know the English law term of 供託.