4 ms·

It seems like this would significantly impact low to middle class people and small businesses that don't have $10k or $25k in liquid assets ready to be tied up

It seems like this would significantly impact low to middle class people and small businesses that don't have $10k or $25k in liquid assets ready to be tied up in arbitration.

gjsman-1000 5y ago
I did not mean that if they lost the arbitration that they would lose $10K or $25K. In my theoretical example, let's say Disney slapped this person with a DMCA for the Loki look. Instead of just sending the DMCA request, they would also need to put $10,000 in escrow, and then open a meeting with an arbitrator for review. The arbitrator's job would not be to assess it's validity, but would be to only determine whether the DMCA was frivolous or not. If the arbitrator rules it's frivolous, the $10,000 gets sent to the person pretending to be Loki. If the arbitrator rules not frivolous, the $10,000 that Disney put in escrow gets returned and it plays out like a normal DMCA. The whole point is just that Disney, or the person filing the request, would be putting $10,000 on the line with the risk the arbitrator could rule it frivolous. If Disney disagrees, they can open a full lawsuit against the person, but that's a big risk on both sides that could still have abuse. I'm just spitting out ideas. Maybe something like this could get refinement.
- cmeacham98 5y ago
  I meant lower/middle class people and small businesses wishing to _file_ (not receiving) a DMCA takedown, and thus being subject to the "deposit". A few years ago, when I was in college, a friend had his art stolen from his website and reused on social media by a mid-sized company. A DMCA takedown solved the issue, but being a poor college student there is no way he could have found $10k lying around to use for takedown, even temporarily.
- gjsman-1000 5y ago
  @cmeacham98 This was a flaw in my original draft. I'm just trying to get some ideas down. I edited my original post to add: "You could also make the amount required variable to company size. Small company under $1M in revenue? $500. $1-$100M? $5000. $100M+? $10000. IDK, just something."
thescriptkiddie 5y ago
In what universe do "low to middle class" people own copyrights and send DMCA takedowns?
- duskwuff 5y ago
  Small-time artists, musicians, and photographers. DMCA takedowns aren't just for corporations protecting their IP; they're also a valuable defense mechanism for hobbyists when their work gets ripped off by those corporations.
  - yc12340 5y ago
    You mean those musicians, who regularly have their music stolen by music labels? I am curious, how you imagine DMCA enforcement by such people. They send a DMCA notice to a Hollywood studio... then what? Will production committee pull the movie out of cinema? Will they recall blu-ray disks from shops to destroy them? DMCA offers no way to negotiate compensation or receive payment — "artists, musicians, and photographers" still have to sue to get paid.

It seems like this would significantly impact low to middle class people and small businesses that don't have $10k or $25k in liquid assets ready to be tied up in arbitration.

gjsman-1000 5y ago

I did not mean that if they lost the arbitration that they would lose $10K or $25K. In my theoretical example, let's say Disney slapped this person with a DMCA for the Loki look. Instead of just sending the DMCA request, they would also need to put $10,000 in escrow, and then open a meeting with an arbitrator for review. The arbitrator's job would not be to assess it's validity, but would be to only determine whether the DMCA was frivolous or not. If the arbitrator rules it's frivolous, the $10,000 gets sent to the person pretending to be Loki. If the arbitrator rules not frivolous, the $10,000 that Disney put in escrow gets returned and it plays out like a normal DMCA. The whole point is just that Disney, or the person filing the request, would be putting $10,000 on the line with the risk the arbitrator could rule it frivolous. If Disney disagrees, they can open a full lawsuit against the person, but that's a big risk on both sides that could still have abuse. I'm just spitting out ideas. Maybe something like this could get refinement.

cmeacham98 5y ago
I meant lower/middle class people and small businesses wishing to _file_ (not receiving) a DMCA takedown, and thus being subject to the "deposit". A few years ago, when I was in college, a friend had his art stolen from his website and reused on social media by a mid-sized company. A DMCA takedown solved the issue, but being a poor college student there is no way he could have found $10k lying around to use for takedown, even temporarily.
gjsman-1000 5y ago
@cmeacham98 This was a flaw in my original draft. I'm just trying to get some ideas down. I edited my original post to add: "You could also make the amount required variable to company size. Small company under $1M in revenue? $500. $1-$100M? $5000. $100M+? $10000. IDK, just something."

thescriptkiddie 5y ago

In what universe do "low to middle class" people own copyrights and send DMCA takedowns?

duskwuff 5y ago
Small-time artists, musicians, and photographers. DMCA takedowns aren't just for corporations protecting their IP; they're also a valuable defense mechanism for hobbyists when their work gets ripped off by those corporations.
- yc12340 5y ago
  You mean those musicians, who regularly have their music stolen by music labels? I am curious, how you imagine DMCA enforcement by such people. They send a DMCA notice to a Hollywood studio... then what? Will production committee pull the movie out of cinema? Will they recall blu-ray disks from shops to destroy them? DMCA offers no way to negotiate compensation or receive payment — "artists, musicians, and photographers" still have to sue to get paid.