4 ms·

This isn't DMCA. The DMCA process provides for immediate restoration of contested content upon issuance of a counter notice. At that point the internet service

This isn't DMCA. The DMCA process provides for immediate restoration of contested content upon issuance of a counter notice. At that point the internet service is absolved of any responsibility until a court orders the removal. Google has never implemented that process.

BrenBarn 2mo ago
And that's because the DMCA lets Google exploit its position. It's still a DMCA problem until the DMCA is either repealed or fixed to produce a comprehensively good situation.
- kevin_thibedeau 2mo ago
  Google made an arrangement to keep YouTube afloat. The copyright cartels can't use their automated libel machines if the fraudulently accused have the means to exercise their full rights. That would incur untenable operational expenses when people are permitted a low friction path to nullify the takedowns and then advance to the courts if the libeler wants carry on with their lies. With intentional bias built into the system, Google gets favorable treatment on remuneration for the commercial copyrighted content that they host. The fix is a revision that revokes safe harbor protection when an accused party is disenfranchised by omission of the counter notice process.
rahulyc 2mo ago
Yes, Google is really bad at this. For all the problems with Amazon, they're actually much better at actually following DMCA
- api 2mo ago
  A major problem with closed mobile platforms is that if you have an App Store monopoly, why do you need to care? It's why all the app stores are absolute trash. Not sure how Apple handles DMCA but I know they're known for capricious arbitrary actions and being impossible to talk to. Their search and navigation is also total trash.
  - ChrisMarshallNY 2mo ago
    > being impossible to talk to That hasn’t been my experience. The first couple of layers are sort of “inflexible bureaucrat,” but it doesn’t take long to get to an actual human, with authority to act. In my experience, I’m usually on the phone with someone, within a day or so.
kg 2mo ago
It's not immediate restoration, there's a delay.
nofriend 2mo ago
This is DMCA. DMCA does not absolve hosts if they "receive a financial benefit directly attributable to the infringing activity". So if google hosts an app and makes money off of that app, they can't claim safe harbor if that app is infringing. Hence, under the DMCA, they need to take down the app as soon as they have even a suggestion that it might infringe somebody's copyright, and not put it back up until they are certain it doesn't.

BrenBarn 2mo ago

And that's because the DMCA lets Google exploit its position. It's still a DMCA problem until the DMCA is either repealed or fixed to produce a comprehensively good situation.

kevin_thibedeau 2mo ago
Google made an arrangement to keep YouTube afloat. The copyright cartels can't use their automated libel machines if the fraudulently accused have the means to exercise their full rights. That would incur untenable operational expenses when people are permitted a low friction path to nullify the takedowns and then advance to the courts if the libeler wants carry on with their lies. With intentional bias built into the system, Google gets favorable treatment on remuneration for the commercial copyrighted content that they host. The fix is a revision that revokes safe harbor protection when an accused party is disenfranchised by omission of the counter notice process.

rahulyc 2mo ago

Yes, Google is really bad at this. For all the problems with Amazon, they're actually much better at actually following DMCA

api 2mo ago
A major problem with closed mobile platforms is that if you have an App Store monopoly, why do you need to care? It's why all the app stores are absolute trash. Not sure how Apple handles DMCA but I know they're known for capricious arbitrary actions and being impossible to talk to. Their search and navigation is also total trash.
- ChrisMarshallNY 2mo ago
  > being impossible to talk to That hasn’t been my experience. The first couple of layers are sort of “inflexible bureaucrat,” but it doesn’t take long to get to an actual human, with authority to act. In my experience, I’m usually on the phone with someone, within a day or so.

kg 2mo ago

It's not immediate restoration, there's a delay.

nofriend 2mo ago

This is DMCA. DMCA does not absolve hosts if they "receive a financial benefit directly attributable to the infringing activity". So if google hosts an app and makes money off of that app, they can't claim safe harbor if that app is infringing. Hence, under the DMCA, they need to take down the app as soon as they have even a suggestion that it might infringe somebody's copyright, and not put it back up until they are certain it doesn't.