Earlier this week Digital Music News reported that Google is getting over 1 million DMCA take down requests per DAY! If this isn’t the single greatest illustration of the failure of the DMCA to protect artists and creators we don’t know what is.
No matter how many notices can be sent, or the standardization and efficiency in doing so, the volume of infringement far exceeds any rational ability to combat the flood of infringement.
The only logical solution is to fix the DMCA whereby when a valid notice is sent and complied with, that the infringing content can not be re-uploaded again, and again and again as we detailed in our post “The DMCA Is Broken.”
These videos below illustrate the issue, both present testimony from the Congressional hearing on March 13, 2014.
We’d also like to thank Congresswoman Judy Chu for acknowledging and entering into congressional record our post by Chris Castle on how to address these issues with the DMCA. Video below.
You can read that post here:
Safe Harbor Not Loophole: Five Things We Could Do Right Now to Make the DMCA Notice and Takedown Work Better
4 thoughts on “DMCA “Take Down and Stay Down” Is The Logical Solution to a Flawed Loophole [VIDEO]”
Take down and Stay down is certainly a good approach. But the law can and should go further. We have the ability to create a single data base where every copyrighted work is listed. And there is content ID software that can detect copyright software for all works that have been programmed for it to look for. By establishing a central data base and making Content ID software widely, there is no reason any site has to allow even one copy of a work to appear on their site. The old excuse that sites should not be responsible for works uploaded by site users is void. The excuse that there is no way to know what is an illegal work is also void.
Person A files a DMCA notice on a website in its new form.
Website takes content down.
Website now invests tons of money and resources into a content ID system in order to stay alive.
Uploader easily bypasses the system through one of the following methods:
– Different form(s) of compression.
– Changing one bit that will change the entire file hash comparison (assuming, of course, that the site has respect for privacy and will only look at hashes instead of the raw content).
– Putting artificial borders around movies – already been done with anime videos on YouTube.
– Mirror imaging movies/music – to be re-reversed with plugins elsewhere.
– Encrypting the content.
– Breaking the content into parts.
– Rotating movies/images.
– All of the above, plus many others.
Website is sued out of existence.
I would like to know if you have a serious answer to this challenge. And I hope you will not swipe the question under the carpet and pretend it was never asked.
Jaames, it’s about intent. Itunes, Spotify, Amazon, Rhapsody, etc do not have a problem with the DMCA. We explained this here:
It’s all about intent. It’s that simple.
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