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.

Filed Under: barack obama, copyright, dmca, fair use, john mccain
Companies: public citizen


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  1. identicon
    pawn, 21 Oct 2008 @ 5:01am

    Re: Re: Re: Choice?

    I'm missing the point?

    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 And our response is to legally protect outdated business models?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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