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.

Filed Under: brazil, takedowns


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  1. icon
    PaulT (profile), 11 May 2010 @ 3:29am

    Re:

    Not necessarily. Now, instead of firing off an easy letter that a service provider has to blindly accept even if they have no case (under penalty of perjury, but this is rarely enforced), the copyright holder actually has to have a case against the accused.

    Since this often doesn't exist under the current system, there would be a far lower number of accusations and thus not significantly high numbers of cases for the courts to handle. It would also allow penalties to be enforced for repeat and volume offenders, who eventually make it to court anyway under today's system.

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