Simple, minimal changes are what's needed. Raise the cost of filing invalid DMCAs to a level high enough that companies like Starz are deterred from doing so. And share the compensation with the content creators who are affected, not just the platforms that receive the invalid notices.
I don't think we'll ever be able to get rid of the darned things, so we might as well push for DMCAs to at least be closer to fair.
In effect this would double down on the existing power imbalance, and allow large entities to continue their abuse practices almost unabated (except against one another).
They can do that anyway. If I file a legit DMCA notice against a large corporation, they can simply file a counternotice. At that point, it's up to me to sue the large corporation and the instant it actually becomes a lawsuit, anyone without a large pot of cash to burn doesn't really have much of a chance regardless of the legitimacy of it.
There are countless examples of YouTube creators losing monetization for frivolous claims, but as the system stands, its guilty before proven innocent, especially for smaller creators....
DMCA abuse does occur. But YouTube is the exception, rather than the rule, since they're largely not DMCA.
I don't know the English law term of 供託.
Everyone (Venn diagram: people who pirate TV shows AND people who watch the specific series) will rush to their torrent-provider-of-choice and get downloading.
Well played! They should also download this material and find the leak and dust up their contracts and call their lawyers. Any other snap decision just makes them look like a spoined kid that dropped their ice-cream.
This cyberpunk timeline kind of sucks.
It’s a grey area, too. The penalties if I remember only apply for knowingly sending fraudulent takedowns. But these people are likely sending what they believe are valid reports and they will argue as such.
The DMCA was made for copyright holders so they could do whatever they want within that grey area. They have total control to remove content on the web without any real due process or judicial review.
I really would like to see a party have to pay a processing fee for DMCA claims.
The system we had before — the court system — required processing fees simply by the process of filing lawsuits. The DMCA was specifically made so copyright holders can send them in high volume without any review by a judge. They don’t want to be slowed down. That law is working exactly as they intended, even though I strongly disagree with it.
The only thing that happens if they say no is that they may be held liable later if the content is found to be infringing. So in a case like this, which is nonsense, they could just say "no" without any fear because nobody is going to find it infringing in court.
(This will likely surprise people or generate snarky responses, but oh well)
Back when we had code.google.com, the DMCA team at Google used to spend a tremendous amount of energy and time evaluating requests to understand whether they were reasonable/made sense, because code.google.com got a lot of baseless requests to remove content.
Google said no to a large number of baseless removals.
Twitter could do the same here.
(in practice i assume the volume becomes completely overwhelming at some point)
The law is clearly broken but service providers like Twitter are caught in the middle.
As someone that had to deal with these reports, and we were tiny, the volume is insane. I cannot imagine the number of complaints Twitter receives.
I mean, humans are still involved in the process almost everywhere anyway, so it's not like they save a tremendous amount of overhead to flag weird ones.
"The law is clearly broken but service providers like Twitter are caught in the middle."
Sure, that i'm not gonna argue with
Now they have a convenient excuse for what they did.
As you said yourself, Google had a DCMA team...
They still do, and they still push back, fwiw :)
There shouldn't be any special protections for the 'platform.' They host the content, they should be liable. This would prevent the consolidation of the internet into the first place.