8 ms·

It's not just Europe. DMCA takedowns in the US: no liability for taking down innocent content. Really, it comes down to this: censorship is bad. Always. If so

It's not just Europe. DMCA takedowns in the US: no liability for taking down innocent content. Really, it comes down to this: censorship is bad. Always. If someone violates the law, get a court judgement. With the judgement in hand, take down that specific material. Too much work? Tough...

nonethewiser 3mo ago
Isnt taking down illegal content censorship? If not you can get around the absolute statement “censorship is always bad” by just making more things illegal. I think censorship is so clearly good in some scenarios that we would never think to even debate it. Like child porn.
- qweqwe14 3mo ago
  How do you know if something is child porn?
  - nonethewiser 3mo ago
    I dont think it matters for the point im making. Child porn exists and should be censored. What are you suggesting?
    - qweqwe14 3mo ago
      It matters because if you can't determine if something is child porn, then you'll end up overblocking, so it doesn't matter if it "exists" and "should be censored"
      - nonethewiser 3mo ago
        But my point is some censorship is good. Such as child porn. We can disagree on what constitutes child porn in practice but you arent saying nothing should be censored right? You do think there is such thing as child porn right? And that it should be censored? Im not claiming more censorship is better. So I agree it could be overapplied. Im saying some censorship is clearly good.
        Retric 3mo ago
        I don’t think it’s inherently obvious that censorship is the right tool for CP. I’d rather track people downloading CP than prevent them from being able to find it and thus not know who was more likely to be a child predator. Of course any negative outcomes without due process is problematic but there’s tradeoffs here. Now people paying for CP (including online advertising) creates an incentive to create CP so that’s definitely worth banning. Similarly there’s a justification for banning ownership of CP on the premise you’re going to catch child predators, but do we then lockup kids looking for people their age?
        signatoremo 3mo ago
        How do you track them? That means you'd have to know all porn watchers. That's privacy violation. It's no difference than the age verification debate raging on here. Violation of the privacy of the majority for a tiny amount of violation.
        Retric 3mo ago
        > all porn watchers That doesn’t follow, you wouldn’t need to track non CP content to track people downloading CP. YouTube doesn’t want legal porn on its servers, and I suspect most porn websites aren’t going to want CP either especially if it makes collecting revenue illegal as per the second part of my post. Thus whatever is currently being used would likely to continue to be used.
        signatoremo 3mo ago
        > you wouldn’t need to track non CP content to track people downloading CP. May be not, but you need to be able to track down CP content viewers. How can you identify them without identifiable info of all porn watchers? What if someone accidentally clicks on such a piece. How long should they be viewing it to be considered a violator?
        Retric 3mo ago
    - nkrisc 3mo ago
      I think the point they might be trying to make is that there are religious and socially conservative groups that intentionally misclassify anything even remotely related to LBTQ topics as “pornography” so that anti-pornography laws can be used to silence anyone and anything that opposes their regressive views on sexuality, as one example. So it is a line that must be tread carefully.
      - nonethewiser 3mo ago
        Ah thanks that makes sense. And it indeed does not matter to the point Im making, which is some censorship, such as child porn, is good. People can disagree on what that means, although I think there are some very obvious examples. Unless you think NOTHING called child porn should be censored because it might not actually be child porn, you can see how its a non factor.
      - philipallstar 3mo ago
        Can you give an example?
- huijzer 3mo ago
  Just to be sure to point out the obvious here, I think the main police effort should be on catching the sources of such material. There is the root problem. In a world were we’re ruled by Epstein friends, this is probably not gonna happen though
  - nonethewiser 3mo ago
    >Just to be sure to point out the obvious here, I think the main police effort should be on catching the sources of such material. Uhhh how about both? It is vital the material be taken down as well.
    - izacus 3mo ago
      Sure, but let's prioritize catching actual criminals, right? Somehow US started completely ignoring the actual criminals and demanding platforms to play police and not try to punish the actual sources of lawbreaking.
      - nonethewiser 3mo ago
        I think they should catch the criminals as well, like I already clearly stated. They just aren’t mutually exclusive.
        AnthonyMouse 3mo ago
        They are, however, mutually overlapping. If the creators are in prison then they're not distributing any content, nor causing any more to be created which subsequently gets distributed. Which means that 99% of effort should be focused on stopping the creators and censorship is something that you should only do when it isn't a trade off against anything important. In particular, it means that we don't need prior restraint or intermediary liability. If someone is posting something so bad that it's a crime then it will come out at the poster's trial and their deterrent to posting it is the criminal penalties, not YouTube's account strike random number generator. If something isn't that bad then it doesn't need to be censored whatsoever. Notice also that the premise that we can actually censor the things you're using as your example is contrary to evidence. What are you going to do about a server in another jurisdiction? Do we need a censorship apparatus which is only effective for suppressing dissenting mass market content while being useless for the thing used as the example to justify its existence?
- athrowaway3z 3mo ago
  Anything you want to censor has at least 5 stages: Creator, first share (direct), second order sharing (public-ish website), third order sharing (indexed resharing), and finally the consumer wanting it presented. In the way there are things we clearly want to censor for being awful, there are things we must never allow to be censored. Eg knowledge of a genocide. But the solution kind of rights itself. To censor something you need as many actors as possible in that enormous graph of sharing nodes to clearly want to censor that thing we all agree we clearly want to censor. I.e. a public library doesn't censorship child porn because they are required to. > Isnt taking down illegal content censorship? So yes this is censorship, but 'illegal' content is too vague. We want to know about the censorship beyond the natural baseline. Censorship, usually, means the extraordinary request for powers to control the web of communications - in the context of what and why.
- holoduke 3mo ago
  Everyone into childporn use uncensored models/sites deeply hidden from the public. Every single part of censorship is having a bad effect on the common world where normal people try to operate normally. The ones caught at this levels are not the interesting ones you want to catch.
  - deleted 3mo ago
    [deleted]
  - nekusar 3mo ago
    https://en.wikipedia.org/wiki/United_States_v._Handley https://en.wikipedia.org/wiki/United_States_v._Handley Hentai depicting animated/drawn fake children means that 0 children were harmed, thus CSAM rules do not apply. My guess is that slop generated CSAM images are NOT 'child sex assault' in any way. Are they icky? Uh, hell yeah. But it seems similar to hentai here. There's nobody being sexually assaulted. Hell, there is nobody at all - just a large multi-billion array of floats.
    - dylan604 3mo ago
      what happens when the generated image is generated to look like someone specific?
    - afavour 3mo ago
      How do we know the training data did not contain child sexual assault and that’s what’s used to generate “accurate” images? “Just a multi million array of floats” could be applied to anything once it’s digitally encoded.
      - nekusar 3mo ago
        Its the courts job to determine burden of proof of that claim. I'm also not a SCOTUS nor federal judge. And if they deem it poisoned and illegal, then I guess we have more illegal numbers to deal with.
      - po1nt 3mo ago
- deleted 3mo ago
  [deleted]
- po1nt 3mo ago
  You could just flag whatever you don't like as child porn. It would get taken down instantly and you'll get effectively silenced by presumption of guilt. Yes you might appeal, but at that time your content might not be relevant and you will no be compensated for damages.
username_my1 3mo ago
soon with the age verification laws, the mass surveillance laws coming we'll have a great wall of Europe ... my guess is that they're following the Russian / Chinese model. banning of VPN is a matter of time. then the days of free or anonymous internet is behind us.
- microgpt 3mo ago
  you might have more success by thinking about things that are actually happening or about to happen instead of speculating so far. We already have a great wall of Europe, it's implemented on the US side of the ocean by websites that are afraid to somehow get in GDPR trouble or (more likely) want to put pressure to repeal GDPR. Did you know you can do that, by the way? You can block your website in Bumfuckistan citing bill AB1234 and if your site is big enough it puts pressure to repeal that bill no matter what it's about.
  - cindyllm 3mo ago
    [dead]
ButlerianJihad 3mo ago
> censorship is bad. Always. Sure! Great slogan! Who can disagree! Now, let's define the terms? What's censorship? Don't we all want some sort of censoring of content? If someone doxxxes me, posts revenge porn of me, threatens me and my family with credible threats of harm, shares my credit card numbers and bank/Bitcoin/Ethereum accounts, uploads all 400 of my password credentials and my mobile phone#, posts videos of them strangling my dog, wages a campaign to redefine my personal name into a perverted sexual practice... Aren't those the sorts of things where we encourage the censorship of content? Do those fall outside of our definition of the term, so that "censorship" is bad, but "moderation" is good? If someone gets a hold of "F/OSS" software and distributes it contrary to the licensing and violates that licensing, do we want their distribution censored or suppressed or, what's the term for good censorship? LLMs and generative AIs are moderated/constrained as a matter of course, and we've got the entire board here in an uproar over too much moderation, or too little? Because AI Slop Is Ruining Everything and please rein it in? Our Founding Fathers espoused "Freedom of Speech, Freedom of the Press, Freedom of Religion" but is that an unbounded, unchecked, lasseiz-faire freedom that they envisioned, or were there boundaries?
- Cider9986 3mo ago
  https://en.wikipedia.org/wiki/Shouting_fire_in_a_crowded_theater https://en.wikipedia.org/wiki/Shouting_fire_in_a_crowded_the...
  - Dibby053 3mo ago
    >The phrase is a paraphrasing of a dictum, or non-binding statement, from Justice Oliver Wendell Holmes Jr.'s opinion in the United States Supreme Court case Schenck v. United States in 1919, which held that the defendant's speech in opposition to the draft during World War I was not protected free speech under the First Amendment of the United States Constitution.
  - microgpt 3mo ago
    This phrase was coined when the government, having arrested somebody for handing out leaflets opposing the draft in WW1, claimed that handing out leaflets opposing the draft was the moral equivalent of shouting fire in a crowded theater.
bawolff 3mo ago
> It's not just Europe. DMCA takedowns in the US: no liability for taking down innocent content. Isn't it under penalty of purjury?
- tgsovlerkhgsel 3mo ago
  Only in theory. If I remember correctly, the "penalty of perjury" is applied to only some small part of the claim, which makes it easy for all but the most blatantly malicious claims (and possibly even those) to get off scot free by claiming a honest mistake.
  - poizan42 3mo ago
    > A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. DMCA Section 3.A v) - https://www.law.cornell.edu/uscode/text/17/512 https://www.law.cornell.edu/uscode/text/17/512 It is only the part about being authorized that is under the penalty of the perjury. You can be as malicious as you want as long as you don't falsely claim to own or represent someone who owns the rights to something.
- kg 3mo ago
  It's impossible for a victim to enforce this penalty, even if they hire a lawyer, in my experience.
- robocat 3mo ago
  Penalty of perjury in what jurisdiction? Even wholly within the US, perjury appears to be low cost: businesses make a tradeoff between legal risks and profits.
- masklinn 3mo ago
  Oh no, the only part under penalty of perjury is the complaining party misrepresenting their authorisation by the rights holder (17 USC § 512(c)(3)(A)(iv)). So if you DMCA HN, claiming that this thread infringes on Moana the possible perjury would be for claiming to represent Disney. Now in theory the content claims are made under the good faith standard (17 USC § 512(c)(3)(A)(v)), and in theory the complaining party could be held for damages, but in practice getting ahold of the complainant is very hard, and suing them for damage is often worse than the actual damage.
gortok 3mo ago
Having gone through the court system for a civil matter, I can tell you that “get a judgment” is a lot of time and money in even the easiest of cases, and let’s go at it from the person’s end who has to fight this, and let’s just focus on cases it’s a big tech company vs. a mom-and-pop or just a random person — who hasn’t actually done anything wrong. The big company has the money to sue, and now all of a sudden if you don’t want a default judgment, you have to spend money on a lawyer to fight the lawsuit, and guess what? It’s not as if it’s free to fight a lawsuit. It’s expensive to fight it. The merits win in a lawsuit only if you don’t run out of money first.
zoltrix303 3mo ago
Serious question, what would the ramifications of an economic solution? If you appeal content removal and your challenge is validated, the platform then applies a financial penalty to the requester? It would reduce drastically the amounts of request and thus false positives?
- Guvante 3mo ago
  Unfortunately the group that has the most control doesn't care. The majority of anything around DMCA is likely legitimate complaints so dealing with it is weird, since making it more painful for content producers to protect themselves is unpopular. Especially since you would need a bond system and penalties beyond actual damages (such as legal fees) since most of the worst cases have very nebulous actual damages.
john01dav 3mo ago
> Too much work? Tough... Making justice available only to people with monetary (and in US courts at least, wealth is a strong predictor of outcome) and other relevant resources is not the kind of thing that I want society getting worse on. DMCA enforcement of copyright is thus fundamentally a good law, and in my opinion should only be tweaked to deal with the pathological cases on platforms like YouTube, and even more so what's happening in YouTube. Some mild disincentive against incorrect DMCA takedown requests being filed seems reasonable to me, as long as it scales with the level of inflicted damage. A few dollars per false claim seems like a good starting point to consider from. That makes a legitimate mistake by a human not a major issue, but also maked unleashing inaccurate mass bots and performing extremely overly broad blocking deeply unprofitable. Of course, the broad EU blocks aren't governed by US's DMCA, but the basic incentive argument applies there too I think.
- JoshTriplett 3mo ago
  > A few dollars per false claim seems like a good starting point to consider from. False claims cause content to be taken down before the opportunity to respond. Timeliness has value. Even if the content is restored later, the damage has sometimes already been done. "a few dollars" is not reasonable. "The cost of the damage done, plus a further penalty" is closer to reasonable.
  - po1nt 3mo ago
    Arguing the "cost of the damage done" will ultimately require lawyers
    - JoshTriplett 3mo ago
      Sure. But ultimately, the right fix would be to give time for counter-notice before taking the content down.
      - deanishe 3mo ago
        Not really, no. The current kerfuffle is primarily over illegal streaming of live sports. The blocks need to be in place very rapidly to have any effect. Some governments have given rightsholders the ability to order IPs blocked at short notice, and they've caused a lot of collateral damage, making thousands of unrelated sites unreachable.
hgoel 3mo ago
That just leads to a copyright system that favors big corpos even more than it does already.

nonethewiser 3mo ago

Isnt taking down illegal content censorship? If not you can get around the absolute statement “censorship is always bad” by just making more things illegal. I think censorship is so clearly good in some scenarios that we would never think to even debate it. Like child porn.

qweqwe14 3mo ago
How do you know if something is child porn?
- nonethewiser 3mo ago
  I dont think it matters for the point im making. Child porn exists and should be censored. What are you suggesting?
  - qweqwe14 3mo ago
    It matters because if you can't determine if something is child porn, then you'll end up overblocking, so it doesn't matter if it "exists" and "should be censored"
    - nonethewiser 3mo ago
      But my point is some censorship is good. Such as child porn. We can disagree on what constitutes child porn in practice but you arent saying nothing should be censored right? You do think there is such thing as child porn right? And that it should be censored? Im not claiming more censorship is better. So I agree it could be overapplied. Im saying some censorship is clearly good.
      - Retric 3mo ago
        I don’t think it’s inherently obvious that censorship is the right tool for CP. I’d rather track people downloading CP than prevent them from being able to find it and thus not know who was more likely to be a child predator. Of course any negative outcomes without due process is problematic but there’s tradeoffs here. Now people paying for CP (including online advertising) creates an incentive to create CP so that’s definitely worth banning. Similarly there’s a justification for banning ownership of CP on the premise you’re going to catch child predators, but do we then lockup kids looking for people their age?
        signatoremo 3mo ago
        How do you track them? That means you'd have to know all porn watchers. That's privacy violation. It's no difference than the age verification debate raging on here. Violation of the privacy of the majority for a tiny amount of violation.
        Retric 3mo ago
        > all porn watchers That doesn’t follow, you wouldn’t need to track non CP content to track people downloading CP. YouTube doesn’t want legal porn on its servers, and I suspect most porn websites aren’t going to want CP either especially if it makes collecting revenue illegal as per the second part of my post. Thus whatever is currently being used would likely to continue to be used.
        signatoremo 3mo ago
        > you wouldn’t need to track non CP content to track people downloading CP. May be not, but you need to be able to track down CP content viewers. How can you identify them without identifiable info of all porn watchers? What if someone accidentally clicks on such a piece. How long should they be viewing it to be considered a violator?
        Retric 3mo ago
  - nkrisc 3mo ago
    I think the point they might be trying to make is that there are religious and socially conservative groups that intentionally misclassify anything even remotely related to LBTQ topics as “pornography” so that anti-pornography laws can be used to silence anyone and anything that opposes their regressive views on sexuality, as one example. So it is a line that must be tread carefully.
    - nonethewiser 3mo ago
      Ah thanks that makes sense. And it indeed does not matter to the point Im making, which is some censorship, such as child porn, is good. People can disagree on what that means, although I think there are some very obvious examples. Unless you think NOTHING called child porn should be censored because it might not actually be child porn, you can see how its a non factor.
    - philipallstar 3mo ago
      Can you give an example?
huijzer 3mo ago
Just to be sure to point out the obvious here, I think the main police effort should be on catching the sources of such material. There is the root problem. In a world were we’re ruled by Epstein friends, this is probably not gonna happen though
- nonethewiser 3mo ago
  >Just to be sure to point out the obvious here, I think the main police effort should be on catching the sources of such material. Uhhh how about both? It is vital the material be taken down as well.
  - izacus 3mo ago
    Sure, but let's prioritize catching actual criminals, right? Somehow US started completely ignoring the actual criminals and demanding platforms to play police and not try to punish the actual sources of lawbreaking.
    - nonethewiser 3mo ago
      I think they should catch the criminals as well, like I already clearly stated. They just aren’t mutually exclusive.
      - AnthonyMouse 3mo ago
        They are, however, mutually overlapping. If the creators are in prison then they're not distributing any content, nor causing any more to be created which subsequently gets distributed. Which means that 99% of effort should be focused on stopping the creators and censorship is something that you should only do when it isn't a trade off against anything important. In particular, it means that we don't need prior restraint or intermediary liability. If someone is posting something so bad that it's a crime then it will come out at the poster's trial and their deterrent to posting it is the criminal penalties, not YouTube's account strike random number generator. If something isn't that bad then it doesn't need to be censored whatsoever. Notice also that the premise that we can actually censor the things you're using as your example is contrary to evidence. What are you going to do about a server in another jurisdiction? Do we need a censorship apparatus which is only effective for suppressing dissenting mass market content while being useless for the thing used as the example to justify its existence?
athrowaway3z 3mo ago
Anything you want to censor has at least 5 stages: Creator, first share (direct), second order sharing (public-ish website), third order sharing (indexed resharing), and finally the consumer wanting it presented. In the way there are things we clearly want to censor for being awful, there are things we must never allow to be censored. Eg knowledge of a genocide. But the solution kind of rights itself. To censor something you need as many actors as possible in that enormous graph of sharing nodes to clearly want to censor that thing we all agree we clearly want to censor. I.e. a public library doesn't censorship child porn because they are required to. > Isnt taking down illegal content censorship? So yes this is censorship, but 'illegal' content is too vague. We want to know about the censorship beyond the natural baseline. Censorship, usually, means the extraordinary request for powers to control the web of communications - in the context of what and why.
holoduke 3mo ago
Everyone into childporn use uncensored models/sites deeply hidden from the public. Every single part of censorship is having a bad effect on the common world where normal people try to operate normally. The ones caught at this levels are not the interesting ones you want to catch.
- deleted 3mo ago
  [deleted]
- nekusar 3mo ago
  https://en.wikipedia.org/wiki/United_States_v._Handley https://en.wikipedia.org/wiki/United_States_v._Handley Hentai depicting animated/drawn fake children means that 0 children were harmed, thus CSAM rules do not apply. My guess is that slop generated CSAM images are NOT 'child sex assault' in any way. Are they icky? Uh, hell yeah. But it seems similar to hentai here. There's nobody being sexually assaulted. Hell, there is nobody at all - just a large multi-billion array of floats.
  - dylan604 3mo ago
    what happens when the generated image is generated to look like someone specific?
  - afavour 3mo ago
    How do we know the training data did not contain child sexual assault and that’s what’s used to generate “accurate” images? “Just a multi million array of floats” could be applied to anything once it’s digitally encoded.
    - nekusar 3mo ago
      Its the courts job to determine burden of proof of that claim. I'm also not a SCOTUS nor federal judge. And if they deem it poisoned and illegal, then I guess we have more illegal numbers to deal with.
    - po1nt 3mo ago
deleted 3mo ago
[deleted]
po1nt 3mo ago
You could just flag whatever you don't like as child porn. It would get taken down instantly and you'll get effectively silenced by presumption of guilt. Yes you might appeal, but at that time your content might not be relevant and you will no be compensated for damages.

username_my1 3mo ago

soon with the age verification laws, the mass surveillance laws coming we'll have a great wall of Europe ... my guess is that they're following the Russian / Chinese model. banning of VPN is a matter of time. then the days of free or anonymous internet is behind us.

microgpt 3mo ago
you might have more success by thinking about things that are actually happening or about to happen instead of speculating so far. We already have a great wall of Europe, it's implemented on the US side of the ocean by websites that are afraid to somehow get in GDPR trouble or (more likely) want to put pressure to repeal GDPR. Did you know you can do that, by the way? You can block your website in Bumfuckistan citing bill AB1234 and if your site is big enough it puts pressure to repeal that bill no matter what it's about.
- cindyllm 3mo ago
  [dead]

ButlerianJihad 3mo ago

> censorship is bad. Always. Sure! Great slogan! Who can disagree! Now, let's define the terms? What's censorship? Don't we all want some sort of censoring of content? If someone doxxxes me, posts revenge porn of me, threatens me and my family with credible threats of harm, shares my credit card numbers and bank/Bitcoin/Ethereum accounts, uploads all 400 of my password credentials and my mobile phone#, posts videos of them strangling my dog, wages a campaign to redefine my personal name into a perverted sexual practice... Aren't those the sorts of things where we encourage the censorship of content? Do those fall outside of our definition of the term, so that "censorship" is bad, but "moderation" is good? If someone gets a hold of "F/OSS" software and distributes it contrary to the licensing and violates that licensing, do we want their distribution censored or suppressed or, what's the term for good censorship? LLMs and generative AIs are moderated/constrained as a matter of course, and we've got the entire board here in an uproar over too much moderation, or too little? Because AI Slop Is Ruining Everything and please rein it in? Our Founding Fathers espoused "Freedom of Speech, Freedom of the Press, Freedom of Religion" but is that an unbounded, unchecked, lasseiz-faire freedom that they envisioned, or were there boundaries?

Cider9986 3mo ago
https://en.wikipedia.org/wiki/Shouting_fire_in_a_crowded_theater https://en.wikipedia.org/wiki/Shouting_fire_in_a_crowded_the...
- Dibby053 3mo ago
  >The phrase is a paraphrasing of a dictum, or non-binding statement, from Justice Oliver Wendell Holmes Jr.'s opinion in the United States Supreme Court case Schenck v. United States in 1919, which held that the defendant's speech in opposition to the draft during World War I was not protected free speech under the First Amendment of the United States Constitution.
- microgpt 3mo ago
  This phrase was coined when the government, having arrested somebody for handing out leaflets opposing the draft in WW1, claimed that handing out leaflets opposing the draft was the moral equivalent of shouting fire in a crowded theater.

bawolff 3mo ago

> It's not just Europe. DMCA takedowns in the US: no liability for taking down innocent content. Isn't it under penalty of purjury?

tgsovlerkhgsel 3mo ago
Only in theory. If I remember correctly, the "penalty of perjury" is applied to only some small part of the claim, which makes it easy for all but the most blatantly malicious claims (and possibly even those) to get off scot free by claiming a honest mistake.
- poizan42 3mo ago
  > A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. DMCA Section 3.A v) - https://www.law.cornell.edu/uscode/text/17/512 https://www.law.cornell.edu/uscode/text/17/512 It is only the part about being authorized that is under the penalty of the perjury. You can be as malicious as you want as long as you don't falsely claim to own or represent someone who owns the rights to something.
kg 3mo ago
It's impossible for a victim to enforce this penalty, even if they hire a lawyer, in my experience.
robocat 3mo ago
Penalty of perjury in what jurisdiction? Even wholly within the US, perjury appears to be low cost: businesses make a tradeoff between legal risks and profits.
masklinn 3mo ago
Oh no, the only part under penalty of perjury is the complaining party misrepresenting their authorisation by the rights holder (17 USC § 512(c)(3)(A)(iv)). So if you DMCA HN, claiming that this thread infringes on Moana the possible perjury would be for claiming to represent Disney. Now in theory the content claims are made under the good faith standard (17 USC § 512(c)(3)(A)(v)), and in theory the complaining party could be held for damages, but in practice getting ahold of the complainant is very hard, and suing them for damage is often worse than the actual damage.

gortok 3mo ago

Having gone through the court system for a civil matter, I can tell you that “get a judgment” is a lot of time and money in even the easiest of cases, and let’s go at it from the person’s end who has to fight this, and let’s just focus on cases it’s a big tech company vs. a mom-and-pop or just a random person — who hasn’t actually done anything wrong. The big company has the money to sue, and now all of a sudden if you don’t want a default judgment, you have to spend money on a lawyer to fight the lawsuit, and guess what? It’s not as if it’s free to fight a lawsuit. It’s expensive to fight it. The merits win in a lawsuit only if you don’t run out of money first.

zoltrix303 3mo ago

Serious question, what would the ramifications of an economic solution? If you appeal content removal and your challenge is validated, the platform then applies a financial penalty to the requester? It would reduce drastically the amounts of request and thus false positives?

Guvante 3mo ago
Unfortunately the group that has the most control doesn't care. The majority of anything around DMCA is likely legitimate complaints so dealing with it is weird, since making it more painful for content producers to protect themselves is unpopular. Especially since you would need a bond system and penalties beyond actual damages (such as legal fees) since most of the worst cases have very nebulous actual damages.

john01dav 3mo ago

> Too much work? Tough... Making justice available only to people with monetary (and in US courts at least, wealth is a strong predictor of outcome) and other relevant resources is not the kind of thing that I want society getting worse on. DMCA enforcement of copyright is thus fundamentally a good law, and in my opinion should only be tweaked to deal with the pathological cases on platforms like YouTube, and even more so what's happening in YouTube. Some mild disincentive against incorrect DMCA takedown requests being filed seems reasonable to me, as long as it scales with the level of inflicted damage. A few dollars per false claim seems like a good starting point to consider from. That makes a legitimate mistake by a human not a major issue, but also maked unleashing inaccurate mass bots and performing extremely overly broad blocking deeply unprofitable. Of course, the broad EU blocks aren't governed by US's DMCA, but the basic incentive argument applies there too I think.

JoshTriplett 3mo ago
> A few dollars per false claim seems like a good starting point to consider from. False claims cause content to be taken down before the opportunity to respond. Timeliness has value. Even if the content is restored later, the damage has sometimes already been done. "a few dollars" is not reasonable. "The cost of the damage done, plus a further penalty" is closer to reasonable.
- po1nt 3mo ago
  Arguing the "cost of the damage done" will ultimately require lawyers
  - JoshTriplett 3mo ago
    Sure. But ultimately, the right fix would be to give time for counter-notice before taking the content down.
    - deanishe 3mo ago
      Not really, no. The current kerfuffle is primarily over illegal streaming of live sports. The blocks need to be in place very rapidly to have any effect. Some governments have given rightsholders the ability to order IPs blocked at short notice, and they've caused a lot of collateral damage, making thousands of unrelated sites unreachable.

hgoel 3mo ago

That just leads to a copyright system that favors big corpos even more than it does already.