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submitted 1 week ago by [email protected] to c/technology

23 comments fedilink hide all child comments

This extraordinary saga of takedown notices for performances of Shakespeare show that 27 years after it was passed, the DMCA is still not fit for purpose. The companies like Google that are tasked with implementing it often do so in the most desultory way. There is an underlying assumption that claimed infringements are valid, an injustice compound by an arrogant indifference to the rights of ordinary citizens who find themselves caught up in a complex copyright system that is stacked against them.

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[–] [email protected] 9 points 1 week ago

I read it. I disagree with your interpretation.

It's a DMCA issue in that the current set of regulations puts the onus on the poster and the effective enforcement on the platform.

Sure, Youtube is way less zealous in protecting the rights of the genuine content creators than those of even illegitimate claimants... but that's by design. If they make a mistake and enforce too strictly they will not likely get sued at all, and if they do the damages will be low. If they do the opposite on a large scale the threat, at the time the DMCA was being hashed out, was becoming directly liable for any and all copyrighted content they host by accident.

The regulation isn't fit for purpose and never has been. Google's extreme lack of diligence in protecting the public domain (and whatever copyright exceptions are applicable) is a result of this. I don't like Google or their practices in general. They definitely don't spend enough on direct support, be it on copyright or on security issues. In this case, being honest with you, I'd err on the same side they do, even if there is a secondary issue with how little funding they put on required support and assessment of edge cases beyond their algorithmic solutions.