4 ms·
a site must wait at least 10 days before restoring the material. (This in reference to UMG's taking down a news show about the video in question...) That blow
by Vivtek 15y ago
a site must wait at least 10 days before restoring the material.
(This in reference to UMG's taking down a news show about the video in question...)
That blows my mind. That means anything at all can be taken down for a couple of weeks without the slightest repercussions to the fraudulent party.
- SideburnsOfDoom 15y agoWelcome to 1998. That was when the DMCA was passed - signed by president Clinton. http://en.wikipedia.org/wiki/Digital_Millennium_Copyright_Act http://en.wikipedia.org/wiki/Digital_Millennium_Copyright_Ac... It hasn't gotten any better since.
- jaryd 15y agoActually, it's in the process of getting worse!
- SideburnsOfDoom 15y agoI might have used a little bit of understatement. You may not be totally familiar with the idiom.
- Vivtek 15y agoYes, I know, I was none too happy about it in 1998, either - but I didn't know about the ten-day mandatory waiting period. Also, we didn't have YouTube yet or video blogs yet, so the issue of direct interference with free speech was not nearly so dire.
- andrewpi 15y agoThe original purpose was to give an aggrieved party time to file a lawsuit, but clearly the process is ripe for abuse.
- iamandrus 15y agoI can't tell you how many times I've seen YouTube videos taken down by "companies" with such names as "0wn3d Limited" and "Videosux Corp." The DMCA was broken from the start.
- Vivtek 15y agoWhy file a lawsuit? Takedowns issued by regexp bots are essentially cost-free.
- pyre 15y agoThe whole point of that provision in the DMCA was that filing a lawsuit to get a judge to order something to be taken down takes time. If that takes two or three days to happen the damage can already be done by that point if the item in question is allowed to continue being hosted for all of that time. The problem with the solution (DMCA) is that it also removes the monetary burden of filing a lawsuit (making it very low-risk to just file thousands of these things off per day, never intending to ever followup with a lawsuit) and the sanity filter (the judge).
- mikeash 15y agoThere are potential repercussions. A false claim of infringement leaves the claiming party open to liability for it. In practice this may not be easy to take advantage of, but it is there.
- Vivtek 15y agoSure, because history is replete with small actors successfully taking huge corporations to court.
- pyre 15y agoPart of the problem is that when your home video is wrongfully taken off of YouTube, it's hard to argue damages during the time it was offline if/when you turn around and sue the label. Arguing a perjury case is also probably a losing battle. Even if you win, it seems doubtful that you would recover any of the lost time, lost wages and/or sunk costs of lawyer fees. Also, if you won a perjury case, would it be against 'the company' or just the individual that signed off on that particular notice? So even if you turn around and attempt to pursue legal avenues against wrongful take-downs, there is not much to be gained.