DMCA “Takedown” Notices: Why “Takedown” Should Become “Take Down and Stay Down” and Why It’s Good for Everyone | Nova Edu

We reported on this earlier this year and it’s great to see other voices stepping up!

by Stephen Carlisle

In other words, Google’s not going to do anything unless Google gets a slice of the profit. When asked, shouldn’t search engines have an affirmative duty to prevent the reposting of materials, she responded that it would be “impractical to enforce and it would chill online speech.” 19 This answer begs the question: since when is the repeated posting of “blatantly infringing” material online protected speech? To quote the Supreme Court of the United States, the First Amendment “securely protects the freedom to make—or decline to make—one’s own speech; it bears less heavily when speakers assert the right to make other people’s speeches.” 20 According to the RIAA, they have sent more than two million takedown requests to Google about the website mp3skull. Despite this, mp3skull continues to top Google’s search results for “artist+songname+download.” 21 Whose speech is being chilled here?

READ THE FULL STORY AT:
http://copyright.nova.edu/dmca-takedown-notices/

RELATED:

DMCA “Take Down and Stay Down” Is The Logical Solution to a Flawed Loophole [VIDEO]