Yes, that makes sense in keeping with "Innocent until proven guilty." You have to prove that it isn't in good faith.
I think in this case it should be obvious - the system is 100% automated with absolutely NO checks, and errors are made all the time. If the system worked reliably most of the time, they could say that they have good faith in their automated system, but with the number of errors that DO happen (and they know about these) I don't think that 'good faith' can be applied here.
I don't know if a Judge would agree with that reasoning, however.
The companies doing mass filings will never agree to file size checks. Most infringement comes via torrents which themselves are only a couple of KB in size, and they only have the name to go on with those.
The 'problem' is that piracy is so wide spread doing it by hand and having to _actually_ validate each one would take way, way to much work and make the DMCA pretty much ineffective. (Problem in quotes because I would actually like to see the perjury penalty applied for misuse!)
It's important to realise that the DMCA notifications are made under penalty of perjury that the submitter actually owns the rights to the infringing work. I think a serious litigation for damages AND the perjury charge thrown in will be enough for these companies to wake up to the problems with their auto-submitting practices.
Either that or it will be just another 'nuisance' and they'll go about their business (that's more likely) but at least it will be a bit of a sting.
In an economic recession - you need to SUPPORT your small businesses, not drive them to bankruptcy! The only province in North America not crippled by the recession is Alberta, and it has a government program that turns those who are unemployed into self-employed entrepreneurs (I know, because I took it)
If all these clubs go bankrupt, not only will you lower the quality of life for those who would otherwise be patrons - but you are also killing businesses and jobs that will make the recession WORSE, not better.
Code should only be copyrighted to the extent that novels and articles are - to the actual expression of code and the actual mechanics used. If even that far.
Since there are only 9 lines of codes in Andriod that match the Java APIs, out of millions of lines of codes - clearly that is not a significant portion of the work and is therefore not an issue of copyright.
This whole trial is bunk - lets move onto the patent portion that might actually have some merit!
The problem is that with increased DRM, increased piracy always follows. If secondary sales no longer exist, people will turn to piracy.
So, yes, this will increase piracy. So the publishers see decreased sales and increased piracy, and their conclusion that piracy is the cause of the decreased sales seems obvious.
The problem is that increased piracy is itself the symptom. The cause is the DRM, the lost sales and increased piracy is because of the DRM (which is ironic since the DRM is supposed to reduce piracy, but actually increases it)