Quote:
Originally Posted by Mutt
these file host fuckers are getting worse and worse. they now think that even with the DMCA they can make up their own law - writing their own DMCA procedures that if you don't follow they feel they can ignore since you didn't follow their own made up rules. Please tell me this has to be bullshit legally. If I send out a DMCA takedown request where I swear I am the owner of the content, include the offending URL's then I have fullfilled my obligation no? Or is that fucking piece of shit law so badly constructed that it does give the 'service provider' the right to concoct their own rules that I have to follow?
worst. law. ever.
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While there is certainly room for improvement in the DMCA, it does work and have some teeth. The problem is largely that on both sides of the fence, too many people don't understand it. On the complaining side of DMCA, most would benefit from a well written template and explanation on how to properly search and send one out - including to WHOM (the registered copyright agent, if one exists or if you can actually figure out the proper company name).
Most hosts don't fully understand the law (or comply) and therefore don't qualify for the safe harbor.. they aren't educated enough to know what it is they don't know. If a DMCA complaint is properly formatted and sent to the registered copyright agent at a web site in question, or in absence of that, for the host of the web site in question.. then the content must come down.
From the moment that the web site submits a counter affidavit stating that they do in fact have the right to publish the material in question then the clock starts ticking again. This does not give the web site the immediate ability to keep it's material online - in fact, the material must stay down for 10 days. This is to allow for the complaining party to go and file an injunction, etc, if necessary.
The teeth in the DMCA starts with the liability of the complaining party. If one is going to send a take down notice, they sure better have the right to do so. Swearing under penalty of perjury isn't a "little" deal.
Perhaps one of the lawyers can jump in and provide a more thorough explanation for the benefit of all of the readers here. Above is just my
overview... The process here at MojoHost is managed by our legal counselor, Corey Silverstein.
Cheers,
Brad