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Anecdotal I used to run a live video streaming website (a la Twitch.tv) for a specific niche of live content. But once the pirates discovered the site they st

Anecdotal I used to run a live video streaming website (a la Twitch.tv) for a specific niche of live content. But once the pirates discovered the site they started streaming live sports and other copyrighted content. I started getting DMCAs from MLB, NFL, EPL. All very threatening emails with PDFs of legalese containing screenshots of my (small, niche) website streaming their content. I would always just immediately shut off and ban the streamers that were mentioned. > Is there any clarity as to what "aware of" constitutes here? I became "aware" by the DMCA notice.

vlovich123 4y ago
Running a large scale service is completely different I think though. My understanding is that most DMCA notices are automated and a good fraction of those not actually valid. Similarly, these systems from the provider side already have automated DMCA takedown mechanisms. The bigger problem is what happens when the counter party files a DMCA counter notice - now you are aware there's potentially infringing content but you're not allowed to take it down. Of course, I'm sure this law takes the DMCA into account. The trickier part though I'm referring to is not DMCA but community moderation. Someone flags a picture of your child bathing naked as child porn. Is the provider now on notice as having been informed? How do they validate the circumstances of the photo to make sure it's yours? These aren't easy questions and looking at it through the DMCA lens is insufficient because this law goes way beyond that. The section 230 lawsuits in front of SCOTUS right now are not dissimilar to what DSA is trying to regulate and yet I don't see extra clarity here.