Politics

by Mike Masnick


Filed Under:
brazil, takedowns



Brazil Decides Against DMCA-Style Notice-And-Takedown For Third Party Content

from the good-news dept

We've had numerous stories concerning Brazilian service providers, such as Google, being held liable for messages created by third parties. Brazil, apparently, had no concept of a safe harbor for third party liability. However, that's apparently on the verge of changing -- and it might even be changing in a smart way. While an earlier proposal would have required service providers to take down pretty much any content under a notice-and-takedown system, similar to what the US has for copyright in the DMCA, complaints about the possible impact this would have on free speech appear to have been listened to. The latest proposal moves away from a notice-and-takedown regime to one where service providers would only need to take down content under a court order. In other words, people just complaining by themselves, with no judicial oversight, cannot force a site to take content offline:
An Internet service provider shall only be held responsible for damages resulting from content created by a third party if, after receiving a related court order, it does not take measures to render unavailable (within the scope of its services and within the timeframe specified) the content identified as infringing.
That seems significantly more reasonable than traditional notice-and-takedown schemes that are widely abused. It would be nice if the US could move to a similar thing for copyrights as well to avoid the serious First Amendment problems with a notice-and-takedown system.

Reader Comments

Subscribe: RSS

View by: Time | Thread


  1. identicon
    Robert, 11 May 2010 @ 7:02am

    The way I understand it, this rule only states that online service providers will not be liable for third party content unless they ignore a court order.

    Some people seem to be misunderstanding the fact that online service providers can still remove content if they want to - It is not like they cannot act on their own and have to wait for a court order. If the content violates their terms of service, for example, they can just take it down, court order or not.

    This seems to be a great system indeed. Here's hoping it ends up becoming law.

Add Your Comment

Have a Techdirt Account? Sign in now. Want one? Register here
Get Techdirt’s Daily Email
Use markdown for basic formatting. HTML is no longer supported.
  Save me a cookie
Follow Techdirt
Techdirt Gear
Shop Now: Techdirt Logo Gear
Advertisement
Report this ad  |  Hide Techdirt ads
Essential Reading
Techdirt Deals
Report this ad  |  Hide Techdirt ads
Techdirt Insider Chat
Advertisement
Report this ad  |  Hide Techdirt ads
Recent Stories

Close

Email This

This feature is only available to registered users. Register or sign in to use it.