Internet Users of All Kinds Should Be Concerned by a New Copyright Office Report

https://www.eff.org/deeplinks/2020/06/internet-users-all-kinds-should-be-concerned-new-copyright-offices-report

by elorant • 6 years ago

232 58 6 years ago

ikeboy14• 6 years ago

We need strict liability for false DMCA notices plus automatic award of attorney fees in a successful 512(f) case. Would fix 95% of the abuse.

elliekelly5• 6 years ago

I wonder if a system like this could work to prevent abuse:

- Alleged copyright owners pay $X to file a DMCA notice

- Accused copyright infringers pay $Y to file a counter-notice

- Funds are held in escrow

- If the accused doesn't file a counter-notice within 10 days the copyright owner gets their $X back

- If a counter-notice is filed and the alleged copyright owner doesn't file suit within 90 days, no matter the reason, the accused infringer gets their $Y back.

- The pool of remaining funds is first used to offset the website's cost of credit card transactions for collecting filing fees and then any additional funds go to the Library of Congress.

ikeboy14• 6 years ago

In what circumstances would escrowed money be forfeited?

If the escrowed money doesn't go to the parties, then there's no incentive from either side to consider the other side's escrow when determining their actions. Or worse - someone could file a suit and dismiss it later just to force escrow to be paid out. I think you need a lot more details on what happens in each scenario here.

Buttons8402• 6 years ago

Seems like a good idea to me. Are you thinking of small or large values for $X and $Y?

austincheney• 6 years ago

How would that be enforceable on parties outside the US?

zchrykng• 6 years ago

Unless the amounts in question are nominal, the accused infringers will just get crushed by copyright claims.

Supermancho• 6 years ago

That's complicated. This isn't what lawmakers are interested in passing. Broad "get it done however" motions is how modern laws are written, with some very notable exceptions due to lobbying.

NotACop182• 6 years ago

The problem is Company A has deep pockets person B doesn’t. If the amount is too small to file DMCA it wont change a thing. If it’s too high person B won’t be able to fight or put money in escrow. Sounds great and all but I don’t see a working solution to what I stated above.

nullc• 6 years ago

I think you've got the wrong balance. Copyright claimant should get their X back if there is no counter notice OR if a lawsuit is filed. (if the file a lawsuit that's enough cost to them).

Accused should always get their funds back plus half of the alleged's fees if a lawsuit isn't filed, but they're sent back to the contact information set in the counter-notice-- so they are incentivized to make that information accurate.

$X should also be substantial, at least equivalent to the cost of bringing a lawsuit.

$Y should be nominal, just to discourage providing false information.

nsajko2• 6 years ago

In December 2019, the Register of Copyrights (Karyn Temple) announced leaving the Copyright Office to join the Motion Picture Association, effective January 3, 2020.

https://www.copyright.gov/newsnet/2019/791.html

See https://en.wikipedia.org/wiki/Revolving_door_(politics)

aspenmayer• 6 years ago

Full report:

https://www.copyright.gov/policy/section512/section-512-full...

U.S. Copyright Office Says It's Time to Update the DMCA—Mostly in Favor of Rightsholders

https://news.ycombinator.com/item?id=23278611

https://gizmodo.com/u-s-copyright-office-says-its-time-to-up...

ikeboy14• 6 years ago

https://www.judiciary.senate.gov/meetings/is-the-dmcas-notic...

There's a hearing going on in the Senate today in two hours (linked in the article), if anyone wants to watch the livestream.

jcranmer• 6 years ago

The hearing just started.

Tiller's opening remarks do not leave me with much hope. It's basically "copyright owners are suffering!" and there's no reference to DMCA abuse...

Mindwipe4• 6 years ago

That's because DMCA abuse is broadly a myth.

etaioinshrdlu• 6 years ago

Can someone post a shorter summary of what this would mean?

nsajko2• 6 years ago

The Copyright Office "forgot" about the public interest. Basically, they represent the copyright owners. The best part is how they second guess courts.

Try at least skimming the article, though.

bitcurious• 6 years ago

As a forum of tech employees, the EFF is probably the closest we have to an advocacy group. Donate money, donate time.

LockAndLol• 6 years ago

Would this drive more people towards censorship resistant networks like I2P and see the rise of more piracy?

Internet Users of All Kinds Should Be Concerned by a New Copyright Office Report

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