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

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  1. identicon
    ChrisB, 11 May 2010 @ 8:10am

    Re: Re: Re:

    What? How? With the proposed system all Rights Holders have to do is show [i]real[/i] infringement and the content is gone. Unlike here in the US where no legal proof is necessary, and only a letter is needed to stifle potential free speech, putting the burden (both in costs and time) to fight false DMCA notices on innocent citizens making [i]legal[/i] content.

    In both systems if the content is illegal then it will be taken down.

    Question to you: If a rights holder doesn't like (but the content is legal) a work, why is the burden on the new creator? Shouldn't the rights holder have to prove that a work is infringing before it is removed?

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