4 ms·
I definitely wouldn't say that this bill 'fixes the DMCA', but it certainly corrects some of the most gratuitous issues. The DMCA doesn't explicitly affect link
by yew 13y ago
I definitely wouldn't say that this bill 'fixes the DMCA', but it certainly corrects some of the most gratuitous issues. The DMCA doesn't explicitly affect linking to infringing content - that's mostly on the courts that have made that interpretation, even if the DMCA has helped to enable them.
Trying to revise or remove the DMCA wholesale would be a much more difficult undertaking, and correspondingly less likely to succeed.
(I recommend reading the bill to everyone, by the way. It's only five pages long.)
- rhizome 13y agoThe DMCA doesn't explicitly affect linking to infringing content - that's mostly on the courts that have made that interpretation, even if the DMCA has helped to enable them. Correct, the DMCA has made it possible for linking to infringements to be found illegal. This bill doesn't touch that. You can't just handwave it to the courts when the DMCA is the foundation of their opinion. The DMCA is still responsible for its unintended consequences.
- yew 13y agoThe DMCA is still responsible for its unintended consequences. I'm in complete agreement. But fixing that issue will be more difficult than fixing this one, in my opinion. Getting this bill passed would do some good even if it is overstating things a little.