Why Is There No Way To Respond To A DMCA Subpoena?

from the privacy?-schmivacy dept

It’s being reported that American Airlines has subpoenaed both Google and YouTube under the DMCA, to find out who uploaded a training video to both sites. Now, it’s reasonable that they want to find out who uploaded their videos, but as the EFF points out, nowhere in this process are the uploaders given a chance to respond — or, even to suggest that the video isn’t really American Airlines’. In other words, if you want to find out who uploaded just about any video, you could simply claim copyright violation and get a subpoena. What’s odd about this is that there’s absolutely no reason not to allow due process in this case. If there’s truly a violation, then the companies will get the information they seek — but the person putting up the content should at least be allowed to first respond.


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Comments on “Why Is There No Way To Respond To A DMCA Subpoena?”

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5 Comments
Kyle (user link) says:

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I’m not a lawyer but I try to be an informed citizen.

The DMCA doesn’t provide for notice to the alleged infringer prior to the takedown; however, it does require that the infringer be notified after that for the provider to maintain no liability; see Chilling Effects Clearinghouse or section 512(g) of the DMCA.

There are some privacy protections there, though in reality if you’re subpoenaed for material hosted elsewhere, the other party is going to find out who you are. If it’s not legitimate, there’s a perjury charge there.

TMS says:

This sounds like a distant cousin to another curre

Another “Mike” exclusive:
Banned the use of Turnitin by professors
http://www.theglobeandmail.com/servlet/story/RTGAM.20060308.gtturnmar8/BNStory/Technology/?
Link above is from Mike at:
http://techdirt.com/articles/20060308/1646205_F.shtml
It is also quite interesting to visit the actual site of the company I mention here and see how they are quite proud of removing as much of the “human” element as possible. See for your self at:
http://www.turnitin.com/static/index.html
They actual contend that 70% of college students are using the internet to cheat in some way. Of course they are a for profit LLC company whose business it is to convince colleges and institutes of higher learning that cheating is so rampant that they cannot afford not to pay for there service. Which incidentally also can grade the papers for the teacher as well even insert comments and remarks, so where does the teacher come in as the role model and mentor?
In previous post on the thread I mention above I had only postulated off the top of my head a comparison between the Lexus-Nexus ?for hire? service a database mostly used by the legal profession, but available to anyone who will pay the fee (and not a cheap one) to access vast store houses of any type of information available in those data-banks, and I can tell you from experience it’s reach is vast.
Then I go over to the site I posted above and there on the front page is a press release about their (Turitin) newest partner, you guessed it Lexus-Nexus, this creates a for hire tool with potentially frightening results. To top it off it has to come off the top of the expenses the students are paying tuition for. I see the possibility of universities creating their own in house database of service that could accomplish the same thing although they would not have the vast storehouse on information which this company has been paid to collect and keep, get this so it could then sell this selfsame service, with a questionable approach and a soon to be very controversial process.
However, were this to become an in-house service for the university at least then they would control what happens to the data, how long it is maintained and who should have access to it. Thus many of the volatile issues in this soon to be real news would simply no longer exist. Furthermore, with this system once the student graduates if not before, all of his/her intellectual property could be rightly returned to the individual and their works, which they created and therefore own (except in the case of simple ?term paper? or common report which some individuals seem think is not a students property, this would certainly not hold true in any number of serious thesis papers one must create on the way to getting that degree. I would guess that far and away the huge majority of the professors and those teaching at the college levels in a degree granting program today, were not subjected to this type of technological, non-human, accusatory type of guilty until proven guilty.
I say again the I think professors (and other administrative and support personal) may just have to dust off there degrees and cut short some of there extended sabbaticals and go back to work at actually teaching, and educating with experience and knowledge, not sitting back and waiting for a scanned in document to be graded and reviewed for errors for them.
A sidebar-
I would still like to know how many current college Professors, PhD’s, and upper level Educators in general would be willing to put their own collection of works through the same test of technology that they now demand their students do. How many do you think would step up with confidence, even if substantial incentives were offered, I think the number who would step up to the plate and prove without hesitation that they are in fact worthy of the important function which they serve in society and with our next generation of young minds- TMS
Note: The opinions expressed here are completely my own and in no way is meant to convey any inflammatory or any other negative result. I write only to try and add something to a project that is positive if possible and always to the best of my abilities, tell only the truth, and in any station I do try to write in a persuasive manner yet stimulating to crate a diversified and lively debate of whatever is at issue. It is not my intention to insult or upset anyone. If this has been the case with any of my post, my sincere apologize.
TMS
If this is to off topic fo this forum,ten it can be moved over tio the link i listed above whic is exactly on point.

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