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Will Either McCain Or Obama Commit To Reforming The DMCA?
from the unlikely dept
With the McCain campaign upset at how the DMCA (which he voted for) makes YouTube take down videos even if they might not have infringing content, we wondered if he would go beyond asking YouTube for special treatment, and instead push to fix the DMCA. So far, the campaign has been pretty quiet on that issue, but Paul Alan Levy from Public Citizen has written a letter (pdf) to both campaigns, asking them to commit to having the DMCA reformed in a few significant ways once Congress is back in session.
The suggested changes would definitely be a big step in the right direction -- effectively moving the system from a "notice-and-takedown" system to a "notice-and-notice" system, which allows whoever posted any content to respond before it's taken down. It would also require a lot more openness in the process, including an initial notification to whoever uploaded the content, as opposed to just the service provider, and a system for making the takedown notices public. As it stands now, the system allows anyone to claim infringement and get the content taken down, without the original uploader or the public understanding why. The proposal would also make it easier to punish those who send false takedowns, which might help alleviate some of the problems. Somehow it seems unlikely that either campaign will get behind these proposals, but considering that they've both now seen how the DMCA has worked against them, it would be nice for them to make a concerted effort to fix it.
The suggested changes would definitely be a big step in the right direction -- effectively moving the system from a "notice-and-takedown" system to a "notice-and-notice" system, which allows whoever posted any content to respond before it's taken down. It would also require a lot more openness in the process, including an initial notification to whoever uploaded the content, as opposed to just the service provider, and a system for making the takedown notices public. As it stands now, the system allows anyone to claim infringement and get the content taken down, without the original uploader or the public understanding why. The proposal would also make it easier to punish those who send false takedowns, which might help alleviate some of the problems. Somehow it seems unlikely that either campaign will get behind these proposals, but considering that they've both now seen how the DMCA has worked against them, it would be nice for them to make a concerted effort to fix it.
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Reader Comments (rss)
(Flattened / Threaded)
Nope
McCain may chafe, but he voted for the damn thing and he's not a flip-flopper!
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Re: Nope
but under your understanding, mccain isnt flip flopping because he voted for it...and then he asked to be exempt from it...
right.
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Doubtful McCain is for this type of "Change"
The story in question went into detail about Cindy McCain's social circle, which extended to Hollywood Entertainment Lawfirms. The story existed, I just can't find it!
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Re: Re: Nope
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Re: Doubtful McCain is for this type of "Change"
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no so fast...
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Choice?
You want some real action against H1b corruption, DCMA bullshit, or RIAA jack-booted-thugs? Then vote Libertarian.
--
www.chl-tx.com Nothing deters violent crime like a would-be victim capable of shooting back. Nothing.
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Re: Re: Re: Nope
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Re: Choice?
You realize that the VP candidate on the Libertarian ticket is a patent troll?
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Re: Re: Choice?
I realise that Wayne Root may or may not be a patent hoarder and that that's one of your main bug bears, but seriously - is this the highest priority in this election?
You've got two 'main' candidates who whilst they differ greatly in style are basically the same when it come to content
They agree on wars on nouns, bases in Iraq, furthering the fight in Afghanistan, expanding the fight into Pakistan, leaving 'all options on the table' for Iran, paying $70Billion in bank bonuses from the publics pocket, impeachment (or lack thereof), spying on communications and retrospective immunity for telecoms companies, bringing Georgia and Ukraine into NATO....
It's hard actually finding any truly important issues that they differ substantially on, again any differences are more style than substance
Compared to this is a bit of patent hoarding really a vote swinger?
Not trying to flame you but surely you can see my point?
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Re: Re: Re: Choice?
Are you saying that someone who is so frustrated with the 2 big parties that they decide to cast a protest vote for a 3rd party, should somehow compromise his beliefs in any area that's important to him.
Besides, one could argue that the patent/copyright issue illustrates one of America's larger problems. We aren't the innovators anymore.
If we aren't leading the world, all we offer the world is our incredible consumption. That sort of business model will fail over time. And our response is to legally protect outdated business models? Not to innovate. That could spell bad things for the future.
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Re: Re: Re: Re: Choice?
"Besides, one could argue that the patent/copyright issue illustrates one of America's larger problems."
One would argue that if you truly believe that's one of America's larger problems then you have perspective issues
Patent hoarding can eventually be sorted by due process if enough will is used - the other issues erode due process altogether removing this possibility altogether
Besides to the best of my knowledge none of the other candidates has stated their position on patent hoarding (how do we know they are against it?). Just because they don't engage in it themselves is no indication they would do anything about it
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Re:
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Is that topic even an afterthought for them right now?
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Takedowns and Anonymity
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Re: Re: Re: Choice?
I didn't say it was the highest priority. But the original comment suggested that the Libertarians would fix a lot of these IP problems that we discuss. I just don't think they will.
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Re: Re: Re: Re: Choice?
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