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The solution is to go nuclear and enshrine adversarial balance in law. If a company, or an agent acting in their name, makes a fraudulent copyright claim, then
by bostik 7y ago
The solution is to go nuclear and enshrine adversarial balance in law.
If a company, or an agent acting in their name, makes a fraudulent copyright claim, then have the wronged party name one item in the offending company's catalog that becomes public domain. Any contractual losses for entities who were benefiting from royalties in the said work are the offender's problem. Not only do the copyfraudsters lose a (possibly much more valuable) item from their catalog, they'd also have to compensate those whose incomes they have affected with their fraudulent acts.
Align the incentives and make the stick painful enough. People being people will take care of the rest.
- philpem 7y agoJudge: "BigMedia, this court finds you made a false copyright claim for Billion Dollar Movie. Per 123 USC 8675309, you must select one item from your catalogue to release to the public domain." BigMedia: "Your Honour, we select This Cheap Crappy Z-List Movie We Made Just To Serve As Ablative Armour In Disputes Like This."
- bostik 7y agoWhich is exactly why I specified that the wronged party gets to name the item in the other's catalog.
- jbay808 7y agoWhat's to stop me, jbay808, from sending fraudulent copyright claims in Disney's name, against you, bostik, as part of a coordinated plan to make Star Wars public domain?
- kevingadd 7y agoNo law anyone passes will ever push a Disney property like Star Wars into the public domain, no matter what was written into it But on the other hand, nothing's going to stop you from filing fraudulent DMCA claims. The few measures in the law designed to discourage it don't work.
- etrabroline 7y agoNot with that attitude.
- etrabroline 7y agoNothing, but you wouldn't be an agent. https://en.wikipedia.org/wiki/Law_of_agency https://en.wikipedia.org/wiki/Law_of_agency
- kevingadd 7y agoNo regulatory change will make any difference here unless you ban Content ID via new regulations. Google opted out of the DMCA claim-and-takedown system in order to avoid being harassed by big companies like Viacom, the system people are dealing with is broken by design because it's the system Big Media demanded. As a result none of these claims go through legal channels and there is no way to apply legal penalties, all the users consented to this system in the 375th version of the YouTube Clickthrough Terms of Service.