3 ms·
> Not quite. Nothing in the DMCA compels a takedown. What happens is that the free harbor granted under the DMCA (that it's illegal to sue Y Combinator for copy
by zlg_codes 3y ago
> Not quite. Nothing in the DMCA compels a takedown. What happens is that the free harbor granted under the DMCA (that it's illegal to sue Y Combinator for copyright violations in HN comments) is active only so long as HN takes quick and effective action to remove infringing materials.
Isn't that somewhat of a pointless distinction? The protection goes away if you don't take things down. Whether it's explicitly in law doesn't matter if it has the same effect.
This reminds me of restaurants taking away their employees tips but saying "we're not forcing you to give up your tips, you'll just be fired if you try to keep them".
Same thing.
- ajross 3y ago> This reminds me of restaurants taking away their employees tips but saying "we're not forcing you to give up your tips, you'll just be fired if you try to keep them". > > Same thing. Uh... no, this is wage theft, and it's a crime that will put you in jail. In point of fact content sites refuse bogus takedown requests all the time. But where there's ambiguity they're clearly not going to stick their neck out for some rando app author. You're also forgetting that without the DMCA, the safe harbor provision wouldn't exist and instead of frivolous takedown requests we'd be treated to weekly "Disney Sues Apple Again" news.
- mcv 3y agoHas wage theft ever put someone in jail? My impression is that the thief simply has to pay back the stolen wages and that's enough.