ikeboy

37 ms·

361.
by ikeboy 6y ago
https://www.courtlistener.com/docket/17211300/hachette-book-... here's the actual lawsuit.
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by ikeboy 6y ago
There's an ongoing lawsuit involving a non-profit offering free live TV using what appears to be a loophole in the copyright laws. See https://en.wikipedia.org/wiki/Locast That particular loophole probably doesn&#
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by ikeboy 6y ago
Note that it was upheld on appeal, and so is precedent for the entire second circuit. However, I think this may be different. Defendant is a non-profit and isn't reselling anything.
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by ikeboy 6y ago
Amazon got spooked with the series of articles that came out a few years ago after a hurricane, showing third party sellers selling water and toilet paper for hundreds of dollars. They implemented new policies so they wouldn't take a P
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by ikeboy 6y ago
Not interested in downloading anything, this is something that should work online. Thanks.
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by ikeboy 6y ago
I've been tracking this case along with around a hundred others where people have been sued for submitting infringement complaints to online marketplace platforms. https://www.courtlistener.com/recap/gov.uscourts.w
367.
by ikeboy 6y ago
Is there any halfway decent third party recommendation system? I've got a list of everything I've watched in the last year or so since I've started tracking it, plus older TV shows I've seen in full. I'd be interest
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by ikeboy 6y ago
One of my pet peeves is misuse of the term arbitrage. It in no way applies here.
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by ikeboy 6y ago
I've seen some plausible proposals along those lines. I don't actually think there's sufficient demand for that. The vast majority of people wouldn't want to roll their own spam detection algorithms. And there's onl
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by ikeboy 6y ago
Users that don't want to engage with the system can simply not file a counternotice. What other form of engagement would you like?
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by ikeboy 6y ago
In an ambiguous case, the rights owner provides their "proof" to Y, which then removes the content because they don't want to take the legal risk. Hence, content is chilled that isn't chilled under DMCA. I'm not res
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by ikeboy 6y ago
You might want to check out page 153 of https://www.copyright.gov/policy/section512/section-512-full... for some examples of innovation inside the DMCA system.
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by ikeboy 6y ago
You can create legaltube, require everyone to sign a power of attorney to a law firm for the sole purpose of automatically filing counternotices upon any DMCA notice. Does exactly what you want. Good luck getting users.
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by ikeboy 6y ago
The DMCA is relevant because it gives such companies a safe harbor to initially host such content. You would require they get a signed and notarized affidavit prior to granting this safe harbor. I think we can fix the trade-off by increasin
375.
by ikeboy 6y ago
It's not standard law to require them to accept jurisdiction by anyone who wants to sue. I'm arguing that people should be able to post to YouTube from anywhere, and be subject to liability wherever they normally have jurisdiction
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by ikeboy 6y ago
I mean, my view of the DMCA is pretty similar. It makes it more efficient, and only the ambiguous cases are likely to actually end up in court. There's an issue with abuse, and I think strengthening the penalties for abuse and shorteni
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by ikeboy 6y ago
YouTube does, in fact, have a program to defend fair use, and they reject DMCA notices in those cases. But it's expensive and they can't do it in every case. Lawyers are expensive. YouTube gets sued enough by idiots who think the
378.
by ikeboy 6y ago
>already covered You weren't clear on who is being sued. So, if you don't give company Y a safe harbor, then many such company Ys will simply remove content whenever they receive a complaint. It's cheaper, after all, and t
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by ikeboy 6y ago
>Every corporation is going to have to be under some jurisdiction; there's no way for anyone to post content that's simply free of any legal jurisdiction, so calling it "chilling" to have to pick one doesn't seem
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by ikeboy 6y ago
Sure, there's plenty of abuse. That doesn't mean there aren't plenty of legitimate notices. I don't think you can seriously tell me you don't think there's a significant amount of legitimate DMCA notices. They
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by ikeboy 6y ago
In step 4, what would the legal standard be for company Y's analysis of the evidence they were provided? Would company X have a claim against company Y, if they rejected evidence and company X still feels they're right?
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by ikeboy 6y ago
>So if you aren't willing to be under US jurisdiction regarding content you post, you shouldn't be trying to post it on YouTube in the first place. You might think that everything you post is fine under US law (after all, you s
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by ikeboy 6y ago
Both DMCA notices and counternotices are technically just safe harbors. The whole structure comes from carefully defining a safe harbor that everyone would want without requiring anyone to actually abide by the rules.
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by ikeboy 6y ago
Accepting a DMCA complaint doesn't mean it's factual or valid. It simply means the content is removed for 14 days, if a valid counternotice is submitted and no lawsuit is filed. So to be clear - the 14 day period is what you consi
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by ikeboy 6y ago
I never assumed that. The DMCA never assumes that, which is why there's an entire section about counternotices. The fact that YouTube receives many legitimate complaints of infringement is common knowledge. If you genuinely believe thi
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by ikeboy 6y ago
>That is a question that should be decided, if it gets to that point, by a court of law. It is not a question that should be decided by the bare assertion of the plaintiff, as it was in this case under the DMCA regime. Another downside i
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by ikeboy 6y ago
>You can't just write "sworn" at the end of something you wrote with no one else present and call it an affidavit. I mean, I've personally submitted a declaration to a court, and all I did was digitally sign a documen
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by ikeboy 6y ago
I feel uncomfortable with an alternative world where it's significantly easier to sanction attorneys. I suspect many legitimate cases would not end up being brought, and legal costs would go up. There's a trade-off to be made.
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by ikeboy 6y ago
YouTube did come up with a solution to one of the issues with DMCA - that it requires a manual report. They allowed sophisticated rights owners to upload content and then automatically flag any uploads that match. This is done outside of th
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by ikeboy 6y ago
It's not a false dichotomy, it's an unavoidable trade-off. You haven't given enough details on your proposal for me to tell where this trade-off is made, but you can't avoid this trade-off. Now you seem to be implying th

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