15.03.2014 - 14:51 [ Techdirt ]

If We‘re Going To Change DMCA‘s ‚Notice & Takedown,‘ Let‘s Focus On How Widely It‘s Abused

Earlier today, we wrote about a push by copyright maximalists for a new censorship regime that they call „notice and staydown“ as a sort of replacement for SOPA. The idea would be to shred the existing DMCA safe harbors (which give service providers protection from legal liability if they take down content upon notification by the copyright holder that it‘s infringing), and make some dangerous requirements that service providers would then have to proactively police their sites to guarantee that no other versions of that content ever show up (even if the other versions may be legal). But, if we‘re looking at the notice and takedown provisions of the DMCA, we should really be exploring how much damage they do. Rather than „notice and staydown“ or even „notice and takedown“ it‘s time we move to a much more reasonable „notice and notice“ system.