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by trylfthsk 1907 days ago
How effective is the DMCA in being a force for good? I continue to see stories where it seems they combine all the fun of a jury summons with the customer service of google.

To me, this SEGA claim seems to border on a perjury violation for false DMCA claims (IANAL). But in practice, the victim has neither the ability nor funding to utilize the legal mechanisms for discouraging this behavior. To say nothing of the second issue which is Megacorporations having no obligations to communicate with the proles. And a third issue naturally consequent elsewhere: the hamfisted DMCA enforcement from the major media platforms.

I'm sure this horse has been beaten to a pulp at this point, but are there any good breakdowns of the merits in DMCA repeal/reform/status quo?

2 comments

Speaking totally anecdotally here, but one of the big benefits I see in the DMCA system is the ability for individuals to have an easy, free way to deal with any copyright infringement. I have a few friends who create art as a hobby, and they have been able to deal with people or companies who illegally re-upload their art for monetary benefit (such as merchandise).

Obviously the system isn't perfect (and there are absolutely better solutions), but it does have its merits.

A friend was selling some DRM-free PDFs and found one on a site with user uploaded content, one simple form later and zero lawyers it was gone. I think that's a positive, what is missing is a) a simple way to fight back against a bigger opponent, which should be a simple counter claim, but often isn't because b) many hosts don't really follow the DMCA to the letter and ignore safe harbour because they're worried about the profiting clauses that nullify safe harbour.