The Copyright Office has concluded that Section 512 of the Digital Millennium Copyright Act (the Safe Harbor section) is unbalanced.
Over the last twenty years, the scales seem to have become weighted in favor of the tech giants OSPs, and in disfavor of rightsholders. It may come as no surprise that the biggest issues with Safe Harbor arise from a lack of clarity and legal agreement about what the criteria are for when an OSP has "red flag knowledge", and how many times and to what degree an infringer can infringe before he or she qualifies as a "repeat infringer".
This author has been complaining about those issues since 2005!
Legal bloggers Jason P. Bloom, Joseph Lawlor, Lee F. Johnston, and Wesley Lewis, representing the law firm Haynes and Boone LLP pen a very nice summary of the Copyright Office's 200 page report and major recommendations.
Original link:
https://www.haynesboone.com/alerts/copyright-office-finds-aspects-of-the-dmca-unbalanced
Lexology link:
https://www.lexology.com/library/detail.aspx?g=baab0441-e073-4c15-b736-44429fad801f
One can only hope that EBay and Twitter will take note. You think they will?
All the best,
Rowena Cherry
SPACE SNARK™ http://www.spacesnark.com/
EPIC Award winner, Friend of ePublishing for Crazy Tuesday
PS. This gofundme link has nothing to do with copyright, or big tech. Sharing it anyway.
https://www.gofundme.com/f/demolished-small-business-in-minneapolis-riot
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