by Mike Masnick
Wed, Aug 31st 2011 3:13pm
As a bunch of folks have been sending in a "prankster" was able to remove all of Justin Bieber's videos from YouTube by filing a bunch of bogus DMCA notices. While a lot of people find this amusing for one reason or another, it really highlights a key problem with the DMCA's notice-and-takedown process, which is a "censor now, deal with the consequences later" system. As has been pointed out in the past, it seems like this process is a violation of the First Amendment, in that it involves the shutting down of speech prior to any sort of due process or adversarial hearing. I'm still amazed that the DMCA doesn't allow for at least a notice-and-notice process, giving the uploader/host a chance to respond before the content is removed. In a case such as this, it would have prevented the removal. As for the "prankster," he might want to be careful. Filing totally false DMCA claims can open you up to serious legal penalties, and assuming that Bieber makes a fair bit of money from his videos on YouTube, his representatives probably have decent reason to go after the prankster. And that might not be a bad thing. In the process, perhaps they could establish greater precedence for the ability to punish those who file bogus DMCA takedowns.
If you liked this post, you may also be interested in...
- Swedish Court: News Site Embedding A YouTube Video Guilty Of Copyright Infringement
- EU Advocate General Declares That Hotels Don't Need To Pay Copyright License To Have In-Room Television
- Hollywood Accounting Back In Court: How Has Spinal Tap Only Earned $81 In Merchandise Sales For Its Creators?
- Off We Go: Oracle Officially Appeals Google's Fair Use Win
- The Reason The Copyright Office Misrepresented Copyright Law To The FCC: Hollywood Told It To