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The DMCA is complete and utter garbage from its inception to its execution. The fact is that most of the time it seems to be used in a weaponized form because t
by elmerfud 3y ago
The DMCA is complete and utter garbage from its inception to its execution. The fact is that most of the time it seems to be used in a weaponized form because there are zero repercussions for being incorrect or failing to do due diligence before sending one off makes this total garbage.
I am not unsympathetic to copyright holders but I have no love for this 100 plus year copyright nonsense. There needs to be teeth behind it when a false DMCA is sent because without that places are simply wasting money and draining resources from places they don't like. It's great and all that Google has deep pockets and can afford to review these things but it's still a waste of their time and a waste of their money and since Google doesn't print money out of thin air that comes from their customers.
The way to fix the DMCA is to actually make this a document that must be filed with the courts. Require a lawyer to sign off on these documents file them with the courts and when they are false documents we're due diligence has not been done to ascertain if there was a true copyright violation or not we can start despairing lawyers and having them held in contempt of court. Eventually lawyers will stop doing this nonsense.
- yummypaint 3y agoI have always said a fraudulent DMCA claim should be treated the same a show the FCC treats a radio station fraudulently broadcasting someone else's call sign. The fine should be $10k minimum, especially when the strike attempt is against something in the public domain.
- neodymiumphish 3y agoAnd a good portion of that fine should be sent to the targeted party.
- drdaeman 3y agoThat could create some wrong incentives. But the targeted party must have an easy way to painlessly dismiss a notice.
- neodymiumphish 3y agoI agree that incentives would need to be addressed, but it's unfair to impose costs on a party without any reasonable claim. Maybe future claims by the same claimant result in payments to the "defendant".
- sdenton4 3y agoStart spamming senators with dmca takedowns for funding pitch videos?
- ProjectArcturis 3y agoThis will produce rapid action though unfortunately not the kind you're aiming for.
- chris_wot 3y agoIf it starts a precedent, and someone was willing to take the hit, then this could be a way of getting back at fraudulent DMCA takedowns.
- loeg 3y ago> The DMCA is complete and utter garbage from its inception to its execution. The safe harbor provisions for providers hosting user-created content are great, IMO. People forget that is also part of the DMCA.
- deleted 3y ago[deleted]