4 ms·

Does the DMCA really work well or have we just been browbeaten into accepting and even embracing it so as not to appear as if we support all out piracy when we

Does the DMCA really work well or have we just been browbeaten into accepting and even embracing it so as not to appear as if we support all out piracy when we oppose SOPA and PIPA? This is the second time I've seen someone speak in favor of the DMCA as an example of the law done right when opposing SOPA.

untog 15y ago
A legitimate question. I meant that DMCA works from the perspective of the rights-holder, in so much as six hours after they report it (figure from Google) the content is taken down if it is infringing. I think it's a little harder to argue that DMCA doesn't work for tech companies given that it's been in effect for a long time and no-one has gone bankrupt as a result of it. However, some examples of incorrect takedowns that have resulted in loss of money for an artist would be very interesting.
- nitrogen 15y ago
  no-one has gone bankrupt as a result of it To be fair, that's because your sample set most likely only includes companies that were successful enough to become highly visible.
  - untog 15y ago
    That's a very fair point. I would be very interested to hear from anyone whose company was greatly hindered by DMCA provisions.
DanBC 15y ago
There are notable examples of DMCA takedown notices being illegally issued by people who weren't controlling the copyright on the material they wanted taken down. "Fair Use" has been damaged; it's much harder to use a snippet of something now without risking it being taken down. Youtube's technical copyright protections are remarkable - I'm amazed that this model isn't a lot more popular throughout industry. Maybe Google needs to give this tech away for free and the tech community can show that they're trying to do something about rampant piracy. Except, I can't help feeling that a Youtube video isn't much of a problem. Even though I know the rights holders do see it as a problem, and happily block access to people in different territories or have content taken down.
wvenable 15y ago
The failure of the DMCA is that there is no consequences for filing an incorrect takedown request. The entertainment industry has, on many occasions, taken down content that doesn't belong to them. In one instance, with the megaupload video, it appears the DMCA was used maliciously. This is, in fact, the main reason to oppose SOPA and PIPA. It gives the entertainment industry even more takedown powers (ads, financial instutions, domain names) and even less oversight. You could argue that SOPA/PIPA isn't unreasonable if there were added protections of due process and significant penalties for abusing the system. But there isn't. If the DMCA is currently being abused, it stands to reason that SOPA/PIPA will be as well.
- coffeeaddicted 15y ago
  I see the anti-circumvention provisions of the DMCA as another really bad part of that law. Bascially the reason why watching legally DVD's on a pure opensource system is no longer possible in the US.

untog 15y ago

A legitimate question. I meant that DMCA works from the perspective of the rights-holder, in so much as six hours after they report it (figure from Google) the content is taken down if it is infringing. I think it's a little harder to argue that DMCA doesn't work for tech companies given that it's been in effect for a long time and no-one has gone bankrupt as a result of it. However, some examples of incorrect takedowns that have resulted in loss of money for an artist would be very interesting.

nitrogen 15y ago
no-one has gone bankrupt as a result of it To be fair, that's because your sample set most likely only includes companies that were successful enough to become highly visible.
- untog 15y ago
  That's a very fair point. I would be very interested to hear from anyone whose company was greatly hindered by DMCA provisions.

DanBC 15y ago

There are notable examples of DMCA takedown notices being illegally issued by people who weren't controlling the copyright on the material they wanted taken down. "Fair Use" has been damaged; it's much harder to use a snippet of something now without risking it being taken down. Youtube's technical copyright protections are remarkable - I'm amazed that this model isn't a lot more popular throughout industry. Maybe Google needs to give this tech away for free and the tech community can show that they're trying to do something about rampant piracy. Except, I can't help feeling that a Youtube video isn't much of a problem. Even though I know the rights holders do see it as a problem, and happily block access to people in different territories or have content taken down.

wvenable 15y ago

The failure of the DMCA is that there is no consequences for filing an incorrect takedown request. The entertainment industry has, on many occasions, taken down content that doesn't belong to them. In one instance, with the megaupload video, it appears the DMCA was used maliciously. This is, in fact, the main reason to oppose SOPA and PIPA. It gives the entertainment industry even more takedown powers (ads, financial instutions, domain names) and even less oversight. You could argue that SOPA/PIPA isn't unreasonable if there were added protections of due process and significant penalties for abusing the system. But there isn't. If the DMCA is currently being abused, it stands to reason that SOPA/PIPA will be as well.

coffeeaddicted 15y ago
I see the anti-circumvention provisions of the DMCA as another really bad part of that law. Bascially the reason why watching legally DVD's on a pure opensource system is no longer possible in the US.