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by jbishop156 951 days ago
> How? They could either not be who they say they are and/or not located in the United States.

Require either US Identity papers or a corporate identity that is registered in the US in order to file a DMCA (or <country here> id/corpid for filing a <country specific> copyright claim)

Furthermore, tweaking the reporting times for DMCA would help: 1. Claim made, soft-takedown immediately (delist but don't remove) 2. Proceed to hard-takedown after 24 hrs if no counterclaim is made. 3. Counterclaim made, reinstate and inform original claimant. 4. Original Claimant can then either sue or obtain a court-ordered injunction. 5. Optionally Claimant can pay a nominal fee for "human decision-making" by Google or a mutually agreeable arbitrator. 6. Respondent has 14 days to file their own nominal fee to move it to arbitration or can proceed to countersue.

2 comments

This would pretty much entirely remove the ability for regular people outside the US to use the DMCA while corporations to abuse the system. Corporations don't really need that help and can get a court to approve an injunction instead - if they don't already have a business relationship with the host they can levarage to get the content taken down.

No, requiring any party to be damaged based on accusations alone is absurd. Copyright infringement is not a life or death matter. It can wait for a judge to at least look at the matter. And if that is too expensive for society then maybe reconsider copyright instead of externalizing the cost required to maintain the fiction that information can be scarce.

I like this idea. It adds enough friction to scare away most scammers.