Monday, November 9, 2009

The DMCA takedown problem

If you’re at all interested in the DMCA and its effects on you, you’ll want to follow these developments.

Turns out my years with National Model UN were relevant and not just super-nerdy, particularly when I directed WIPO in 2004 (Dayton) and then the WTO in 2006 (New York).

marco:

A lot of people were talking about the “secret copyright treaty” last week, but most of the cited scary parts are already U.S. law that we’re trying to get everyone else to enforce the same way.

This is the truly scary part of today’s system:

…”notice-and-takedown” rules that require ISPs to remove any material that is accused — again, without evidence or trial — of infringing copyright. This has proved a disaster in the US and other countries, where it provides an easy means of censoring material, just by accusing it of infringing copyright.

Here’s how this system is supposed to work…

Cite Arrow reblogged from marco

Tumblr activity:

  1. mappeal reblogged this from marco
  2. tyzm reblogged this from marco
  3. rmpenguino reblogged this from marco
  4. charmian reblogged this from marco and added:
    Yep. I wonder how Tumblr handles the situation. IMHO one thing that helps to discourage frivolous DMCAs is to forward...
  5. thepursuit reblogged this from marco
  6. robbiemitchell reblogged this from marco and added:
    its effects on you, you’ll want...follow these developments. Turns out my years with...
  7. lkm reblogged this from marco
  8. pinkstarprincess reblogged this from marco
  9. cflee reblogged this from marco and added:
    Yeah, such is reality. The system is very broken. But doesn’t the previous sentence apply to many things?
  10. marco posted this
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