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DMCA "takedown" notices used to suppress speech, even speech about DMCA takedown notices

By Patrick following x   2019 Apr 17, 8:32am 150 views   1 comments   watch   nsfw   quote     share    


https://www.eff.org/deeplinks/2019/04/effs-tweet-about-overzealous-dmca-takedown-now-subject-overzealous-takedown

Get ready for a tale as good as anything you’d see on television. Here’s the sequence of events: the website TorrentFreak publishes an article about a leak of TV episodes, including shows from the network Starz. TorrentFreak tweets its article, Starz sends a copyright takedown notice. TorrentFreak writes about the takedown, including a comment from EFF. EFF tweets the article about the takedown and the original article. EFF’s tweet…gets hit with a takedown.


The DMCA, and copyright in general, is being used as an excuse to suppress legitimate speech, especially political speech.

The DMCA should not exist, and copyright should be strictly limited to 20 years, not the Mickey Mouse corruption we have now, extending it indefinitely.
1   cmdrdataleak   ignore (0)   2019 Apr 17, 8:50am   ↑ like (1)   ↓ dislike (0)   quote   flag        

So there's a provision in the law for this:

1. hoster gets slapped with DMCA takedown notice, it is now incumbent upon the hoster to take down the content.
(this is where most hosters stop, but...)
2. hoster can notify poster of takedown. poster can now file a counter-claim. hoster can make this easy by offering the counter-claim forms pre-filled, etc.
3. with counter-claim filed, hoster can now restore content immediately. it stays up until original claimant responds to counter-claim.
(most claimants don't follow up on counter-claims because doing so a) is time expensive, and b) requires actual proof of violation!)

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