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by avz 1888 days ago
> But country-specific things aside: * The DMCA already makes it easy enough to...

DMCA is a country-specific thing. Moreover, it is specific to a country the article is not about.

1 comments

The DMCA is like the EU's GDPR: a law specific to affected countries, that nevertheless affects the entire world.

In the GDPR's case, that's because every company wants to be able to have European customers.

But in the US's case, it's because Internet commerce and ad-tech companies mostly exist within the US, and so you can't have a profitable torrent tracker / pirate-TV streaming site / etc. because — if the DMCA says you're not to be traded with — then you won't be able to get these US businesses to place ads on your site, or engage with US payment processors, etc.

And sure, anyone could run a perfectly robust torrent tracker over Tor, that nobody could take down through DMCAing the DNS provider et al. But, without a large accessible market of people visiting to show ads, there'd be no economic incentive to do so — so nobody bothers.

> But in the US's case, it's because Internet commerce and ad-tech companies mostly exist within the US, and so you can't have a profitable torrent tracker / pirate-TV streaming site / etc. because — if the DMCA says you're not to be traded with — then you won't be able to get these US businesses to place ads on your site, or engage with US payment processors, etc.

The DMCA doesn't talk about who can be traded with, in general. It mainly places obligations on companies which host third-party content if they want to receive liability protections beyond what the law previously provided. The payment processors may not want to participate to avoid secondary copyright infringement liability, but that's entirely unrelated to the DMCA.

Similarly, the ad tech companies have their own separate reasons for not wanting to piss off the media companies, and the DMCA would not be triggered if the infringing content is not handled through those companies' services.