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http://pubcit.typepad.com/clpblog/2008/10/abusive-copyrig.html November 7, 2008 - Links have been removed |
Public Citizen Litigation Group |
Thursday, October 16, 2008
Abusive Copyright Takedowns Aimed at McCain and Obama Show the Need to Amend the DMCA by Paul Alan Levy
In the last couple of weeks, both the Obama campaign
Fred von Lohmann points
The better approach would be to reform the DMCA and other intellectual property laws that have been expanded in the past several years to give too much power to IP owners and not enough balance for the right of free speech. Next year, one of these candidates will be president, and the other can help lead a bipartisan effort in the Senate to protect free speech against rampant IP claims.
In our letter
1. Under current law, section 512(g)(2)
2. Under current law, section 512(f)
3. Under current law
4. Under current law, the public never learns what takedown notices have been sent, by whom, and on what grounds. Although the speaker should eventually receive notice from the ISP, the general public, which has an interest in not having its right to receive non-infringing speech unduly cut off, may never learn exactly why a favorite YouTube video has been taken off line. Several commentators, including EFF and YouTube, have suggested the use of public shaming mechanisms as a deterrent to wrongful takedowns. Section 512(c)(3) should be amended to require the sender of a takedown to post the takedown notice on a public database, similar to the Chilling Effects Clearinghouse
5. Under current law, the DMCA provides immunity only against copyright claims, but section 230
A time when the presidential candidates from both major parties have both been given reason to complain about misuse of copyright law to suppress their speech presents the ultimate teachable moment on this issue. We can only hope that both of them remember that lesson when we try to put IP law reform, from a consumer / speaker perspective, on the agenda.
Posted by Paul Levy on Thursday, October 16, 2008 at 11:37 AM
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