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Internet Users of All Kinds Should Be Concerned by a New Copyright Office Report

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Re: Internet Users of All Kinds Should Be Concerned by a New Copyright Office Report

#3
In December 2019, the Register of Copyrights (Karyn Temple) announced leaving the Copyright Office to join the Motion Picture Association, effective January 3, 2020.

https://www.copyright.gov/newsnet/2019/791.html

See https://en.wikipedia.org/wiki/Revolving_door_(politics)

Re: Internet Users of All Kinds Should Be Concerned by a New Copyright Office Report

#5
Full report:

https://www.copyright.gov/policy/section512/section-512-full...

Related:

U.S. Copyright Office Says It's Time to Update the DMCA—Mostly in Favor of Rightsholders

https://news.ycombinator.com/item?id=23278611

https://gizmodo.com/u-s-copyright-office-says-its-time-to-up...

Re: Internet Users of All Kinds Should Be Concerned by a New Copyright Office Report

#8
post #2

We need strict liability for false DMCA notices plus automatic award of attorney fees in a successful 512(f) case. Would fix 95% of the abuse.

I wonder if a system like this could work to prevent abuse:

- Alleged copyright owners pay $X to file a DMCA notice

- Accused copyright infringers pay $Y to file a counter-notice

- Funds are held in escrow

- If the accused doesn't file a counter-notice within 10 days the copyright owner gets their $X back

- If a counter-notice is filed and the alleged copyright owner doesn't file suit within 90 days, no matter the reason, the accused infringer gets their $Y back.

- The pool of remaining funds is first used to offset the website's cost of credit card transactions for collecting filing fees and then any additional funds go to the Library of Congress.

Re: Internet Users of All Kinds Should Be Concerned by a New Copyright Office Report

#9

Can someone post a shorter summary of what this would mean?

The Copyright Office "forgot" about the public interest. Basically, they represent the copyright owners. The best part is how they second guess courts.

Try at least skimming the article, though.

Re: Internet Users of All Kinds Should Be Concerned by a New Copyright Office Report

#10
post #2

We need strict liability for false DMCA notices plus automatic award of attorney fees in a successful 512(f) case. Would fix 95% of the abuse.

I wonder if a system like this could work to prevent abuse: - Alleged copyright owners pay $X to file a DMCA notice - Accused copyright infringers pay $Y to file a counter-notice - Funds are held in escrow - If the accused doesn't file a counter-notice within 10 days the copyright owner gets their $X back - If a counter-notice is filed and the alleged copyright owner doesn't file suit within 90 days, no matter the re…

In what circumstances would escrowed money be forfeited?

If the escrowed money doesn't go to the parties, then there's no incentive from either side to consider the other side's escrow when determining their actions. Or worse - someone could file a suit and dismiss it later just to force escrow to be paid out. I think you need a lot more details on what happens in each scenario here.

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