3 ms·

I had skimmed it when the torrentfreak article was posted, I didn't notice any mention of a DMCA claim in it but as I had skimmed it I wasn't confident. Whethe

I had skimmed it when the torrentfreak article was posted, I didn't notice any mention of a DMCA claim in it but as I had skimmed it I wasn't confident. Whether they sent a DMCA takedown request is what I see as key, not what reason they can give for not sending one. If their concern was piracy, they would take the cheap and easy option. This means they picked this battle, not the IA.

Dalewyn 3y ago
Another commenter explained it much more eloquently than I can concerning DMCA: https://news.ycombinator.com/item?id=37129304 https://news.ycombinator.com/item?id=37129304
- AnthonyMouse 3y ago
  People are obviously saying "DMCA takedown request" when they mean "generic takedown request" and arguing about whether the DMCA is the kind of takedown request to make in this case is missing the point. If they don't want it there, did they ask to have it removed before going to court, or did they do the thing vexatious jerks do?
  - Dalewyn 3y ago
    As stated in the lawsuit, Sony, et al. filed their side of the required paperwork under the Music Modernization Act with the US Copyright Office. Internet Archive meanwhile failed to do so, and in failing to do so did not give Sony, et al. an opportunity to give or withhold permissions as the rightsholders. So this lawsuit, to me, seems like a fair thing to do. Sony, et al. were never given an opportunity to respond due to either negligence or malice from Internet Archive, so they filed suit.
    - AnthonyMouse 3y ago
      The Internet Archive seems to be operating under this theory: https://blog.archive.org/2018/10/15/the-music-modernization-act-is-now-law-which-means-some-music-goes-public/ https://blog.archive.org/2018/10/15/the-music-modernization-... But none of that really addresses the point, it's just another example of a law they couldn't use for some reason. You don't need any specific law to try negotiating with someone before you file a lawsuit.

Dalewyn 3y ago

Another commenter explained it much more eloquently than I can concerning DMCA: https://news.ycombinator.com/item?id=37129304 https://news.ycombinator.com/item?id=37129304

AnthonyMouse 3y ago
People are obviously saying "DMCA takedown request" when they mean "generic takedown request" and arguing about whether the DMCA is the kind of takedown request to make in this case is missing the point. If they don't want it there, did they ask to have it removed before going to court, or did they do the thing vexatious jerks do?
- Dalewyn 3y ago
  As stated in the lawsuit, Sony, et al. filed their side of the required paperwork under the Music Modernization Act with the US Copyright Office. Internet Archive meanwhile failed to do so, and in failing to do so did not give Sony, et al. an opportunity to give or withhold permissions as the rightsholders. So this lawsuit, to me, seems like a fair thing to do. Sony, et al. were never given an opportunity to respond due to either negligence or malice from Internet Archive, so they filed suit.
  - AnthonyMouse 3y ago
    The Internet Archive seems to be operating under this theory: https://blog.archive.org/2018/10/15/the-music-modernization-act-is-now-law-which-means-some-music-goes-public/ https://blog.archive.org/2018/10/15/the-music-modernization-... But none of that really addresses the point, it's just another example of a law they couldn't use for some reason. You don't need any specific law to try negotiating with someone before you file a lawsuit.