DMCA has serious problems in practice, and needs correcting. But the piracy community should not be the ones criticizing every time a merchant ship has a gunpowder accident from the cannons they're required to carry because of the pirates.
Reckless DMCA Deindexing Pushes NASA's Artemis Towards Black Hole
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Re: Reckless DMCA Deindexing Pushes NASA's Artemis Towards Black Hole
#12Earlier quoted context omitted.
We need to have severe penalties for negligent DMCA takedowns, not just willfully malicious ones. Including disbarment and possibly imprisonment for any lawyers involved. Taking down pages about NASA rocketry because they shared a name with a social media model was probably an accident, but it's an inexcusable accident that never should have happened. These kind of accidents wouldn't happen so often if the people iss…
This is a very nice-sounding fantasy. Too many people profit from the status quo to do such a thing. Lawyers and judges would not dare issue a ruling or enact any law harming their and their friends' profession.
In other words, it ends up making it easy for issuers to selectively bully small weak targets while carefully avoiding anyone who could fight back legally. The fact that one thing was removed/kept doesn't create precedent for another fundamentally identical thing posted by someone else.
Re: Reckless DMCA Deindexing Pushes NASA's Artemis Towards Black Hole
#13Web site that profits from widespread copyright violation-- decries the flawed legal mechanisms that widespread copyright violation enabled. DMCA has serious problems in practice, and needs correcting. But the piracy community should not be the ones criticizing every time a merchant ship has a gunpowder accident from the cannons they're required to carry because of the pirates .
Copyright reform advocates are and always were saying that the protection laws were doing more harm than good.
Re: Reckless DMCA Deindexing Pushes NASA's Artemis Towards Black Hole
#14Web site that profits from widespread copyright violation-- decries the flawed legal mechanisms that widespread copyright violation enabled. DMCA has serious problems in practice, and needs correcting. But the piracy community should not be the ones criticizing every time a merchant ship has a gunpowder accident from the cannons they're required to carry because of the pirates .
Re: Reckless DMCA Deindexing Pushes NASA's Artemis Towards Black Hole
#15> DMCA takedown notices sent by a company calling itself DMCA Piracy Prevention Inc. claim to protect the rights of an OnlyFans/Instagram model working under the name ‘Artemis’.
We need to have severe penalties for negligent DMCA takedowns, not just willfully malicious ones. Including disbarment and possibly imprisonment for any lawyers involved. Taking down pages about NASA rocketry because they shared a name with a social media model was probably an accident, but it's an inexcusable accident that never should have happened. These kind of accidents wouldn't happen so often if the people iss…
Re: Reckless DMCA Deindexing Pushes NASA's Artemis Towards Black Hole
#16Web site that profits from widespread copyright violation-- decries the flawed legal mechanisms that widespread copyright violation enabled. DMCA has serious problems in practice, and needs correcting. But the piracy community should not be the ones criticizing every time a merchant ship has a gunpowder accident from the cannons they're required to carry because of the pirates .
That doesn't follow, online copyright infringement didn't require anyone to write the DMCA in its current form.
Re: Reckless DMCA Deindexing Pushes NASA's Artemis Towards Black Hole
#17Web site that profits from widespread copyright violation-- decries the flawed legal mechanisms that widespread copyright violation enabled. DMCA has serious problems in practice, and needs correcting. But the piracy community should not be the ones criticizing every time a merchant ship has a gunpowder accident from the cannons they're required to carry because of the pirates .
TorrentFreak is a news site, not a site that enables torrenting per se. That said, your analogy is also flawed: this is not a gunpowder accident, it’s one merchant turning the cannons on the other, and the complaining party is the only one that has been anti-cannon the entire time. Copyright reform advocates are and always were saying that the protection laws were doing more harm than good.
Re: Reckless DMCA Deindexing Pushes NASA's Artemis Towards Black Hole
#18Web site that profits from widespread copyright violation-- decries the flawed legal mechanisms that widespread copyright violation enabled. DMCA has serious problems in practice, and needs correcting. But the piracy community should not be the ones criticizing every time a merchant ship has a gunpowder accident from the cannons they're required to carry because of the pirates .
If the former get too strong, it would stifle innovation and disincentive people from investing into improvements, technology, slowing the humanity’s progress towards a better world.
If the latter become too strong, (as it is right now) all those benefits risk to fall in too few hands, making this world even more unbalanced and unjust.
Let’s not give for granted the freedom that we have had until right now, it’s more at peril than we think.
Re: Reckless DMCA Deindexing Pushes NASA's Artemis Towards Black Hole
#19Earlier quoted context omitted.
It's rich that someone on Instagram picked the name of a Greek goddess and is able, through the insanity of the DMCA, squat on that name.
It’s almost as if US legal systems actively facilitate cultural appropriation, particularly with DMCA generally being applied by brute force. Using US copyright law to protect an influencer’s appropriation of a 3000 year old name to market their narcissism is exactly a case of that. Not as if it’s a unique name either. Artëm is common for men in Russia and Ukraine.
The cultural appropriation, to the extent that it does occur, is simply profitable within this framework. It's more like cultural maceration, the guts are thrown away, and the brightly colored chitin is all that remains.
Re: Reckless DMCA Deindexing Pushes NASA's Artemis Towards Black Hole
#20This would be a really good case to push the Department of Justice to investigate. There are criminal penalties for false claim of copyright infringement, but only the Attorney General can initiate a case. For knocking NASA PR out of search, that just might be possible. Complain to NASA's PR people. NASA still has some political clout. Enough to take on some Instagrammer.
It's rich that someone on Instagram picked the name of a Greek goddess and is able, through the insanity of the DMCA, squat on that name.
If there is anything to learn here, it's that...
- DMCA 512 is wholly inadequate for creators because there are zero protections for false claims (tell me what I don't already know), and,
- DMCA 512 is wholly inadequate for creators because the cost to actually find, takedown, and potentially prosecute infringements of your work is astronomical.
It is a law that makes everyone miserable, except Google, who gets to push papers around and wash their hands of everything.