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>"Guilty until proven innocent" is exactly how "DMCA safe harbor" is designed. Google doesn't do DMCA: Under DMCA the alleged copyright owner whose alleged rig
by rndgermandude 5y ago
>"Guilty until proven innocent" is exactly how "DMCA safe harbor" is designed.
Google doesn't do DMCA: Under DMCA the alleged copyright owner whose alleged rights were allegedly violated has to file a notice and then the alleged infringer gets to file a counter notice. Then the alleged owner can either sue the alleged infringer or fuck off. The hoster - google here - would avoid liability from either direction as long as they followed the procedure, and processed valid notices and counter-notices in a timely fashion.
DMCA notices and the takedown process are NOT "guilty until proven innocent", they are "guilty until the claim of innocence", which is a big distinction.
Google is actually in violation of the DMCA when they let alleged copyright owners decide on appeals and issue "copyright strikes" as the DMCA mandates they have to stay neutral and follow the notice/counter-notice procedure. What they do here is editorial oversight on behalf of the alleged copyright owner and against the alleged infringer, which goes against the DMCA and probably Section 230.
Google doesn't care that they are in violation, because they are TooBigToGetSued by the content creators they host (well, most of them), but they are in danger of getting sued by the RIAA/MPAA and big media, and know chances are good big media would find a jury that makes the wrong decision in a lawsuit.
They also want big media to put their stuff (from music videos to movie trailers) on their platform, so they play extra nice with them, even gave them their quasi-universal internet-age DRM (widevine) they craved so much, along with ContentId.