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.

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  1. identicon
    Anonymous Coward, 11 May 2010 @ 5:59am

    in the end the court backed system is worse than a dmca system, both for the isps and the content owners. it means that every battle is a court battle. an isp that hosts a torrent site, example, could find itself going broke sending its lawyers to court 4 or 5 times a day to handle what should be a strictly administrative task. rights holders would have to pay to file and to attend court as well. only the freeloaders benefiting from the stolen content get off at the same price, free. there is something wrong with that when the law makes it more expensive to be a victim or a third party to a crime.

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