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⚡️ Changed DMCA Law to increase burden of Web Hosts?
U.S. Senate is/may be updating/changing the DMCA law according to this report.
I'm including the excerpt here
And this changed DMCA they want to streamline the takedown process and make it into a staydown system, where a copyright holder only needs to notify an Online Service Provider (OSP) once about infringing material.
Thereafter, it becomes the OSPs responsibility to monitor for repeat infringements and take them down without having to burden the copyright holder.
Here we can interpret OSP = Hosting Provider/Data center/ISP
Below paragraphs is the change in DMCA proposed by U.S. Senator
Section 512 places the burden on copyright owners to identify infringing materials and affirmatively ask the OSP to remove the material or disable access to it. This burden appears to strike the correct balance, but the burden that the notice-and-takedown system itself places on copyright owners is too heavy; the system is also woefully inefficient for both copyright owners and service providers.
I believe U.S. copyright law should move towards some type of a notice-and-staydown system—in other words, once a copyright owner notifies a service provider that a use of a copyrighted work is infringing, the service provider must, without further prompting, remove subsequent infringing uses absent a statement from the user (whether the copyright owner or not) that they believe the use is licensed or otherwise authorized by law (e.g., fair use).
By making content removal automatic in a staydown approach, it removes the human element from judging whether something is indeed fair use or a copyright infringement.
IF a user has 2 images from shutterstock, one he has paid the license/royalty and other he hasn't. Shutterstock files DMCA with OSP/Host to remove the single infringing image, now how will the host know if his user has got license to use the other image and that it does not infringes??
Also, if a user uploaded single infringing photo from shutterstock or single music file from Sony music, and they send DMCA then it will be web host's responsibility to keep checking if repeat infringements don't appear!! Seems hosts will have to recruit a guy to browse each and every file of each user's VPS to check on infringing material and remove it pro-actively!
- WTF!! How is this gonna work?
How small OSP/Hosting providers will monitor this?
The Internet Archive seems to have opposed this revised DMCA. They've included 5 reasons as why this "Staydown approach" will not work. (link posted above)
Also I think the revised DMCA law may discourage fair use and lead to increased automatic takedowns of work that does not infringe on the copyright holder.
Quite a complex scenario though!
Comments
A lot of US server provider will lost clients after that. TBH
No, not complex at all. In fact very simple: the content Mafia is bleeding out money after going woke, so they urgently need ways to more brutally terrorize and fleece the vast number of people they drove away.
For 90% of the american hosters this would become a night-mare and a business killer. For the rest of the world it would be a great chance to officially cut themselves loose from the DMCA abomination.
US going going insane
Late to the party.
I'm sure glad a bunch of non-tech savvy 70 and 80 year olds will be deciding our fates
In deed!
They're welcome to present it but I don't expect that to take.
The drafter looks like he just got a huge bribe.
I too would smile like that if someone was gerrymandering me with deep pockets to propose bullshit and pass it as innovative new way to outsource the "hard" part to providers rather than have the content owner moderating his own stuff, which it should be to avoid wrongful takedowns.
But you can't blame the guy.. While his senator position would not depend on this stuff, it would sure make his life harder to go against his patrons.. And why would he? He probly gets tons of money just to propose this stuff let alone if it actually passes.
On a serious note though.. This model works perfectly in china. But its not warez that they are removing.. Its specific topics and discussions instead.. And they have army of people to look for that content and reward system for anyone that finds it. How do you expect a private corporate or 3 man company to manage all that? Even if you spy your customers and scan their servers frequently, you don't have the same resources to duplicate Chinese internet culture.
Classic example of donkeys doing a horse's work.
Freedom to share moving
https://torrentfreak.com/freedom-to-share-launches-eu-citizens-initiative-to-legalize-filesharing-201217/
Where is that photo where boss face from buffalo smiling in some conference?
Looks like you are crying because FranTech didn't shutdown any website that you hate or want shutdown.
I'm glad there are people like @Francisco here, don't shutdown without a valid court order from local law, that is the BEST proof you can do to their own clients, being honest and transparent.
Being faithful their words is one of most proves that you can give a customer, for sure this make a client happy and i'm sure he will stay in their hosting for a longtime.
In this scenario of DMCA, that's US based. Any country should ignore it, until they receive a valid court order from their local law, not for US. When it comes from US, it should go to Spam folder.
Nice mate. Did you read all of this nonsense from given image? On what medicines you are?
I will ask you, what medicines you are..
Image doesn't reveal that he's joking or not, he can simple say the opposite. Like "Frantech hosts every content" you can understand like this.
Expand your mind, that is not a good joke. Some people can understand it was trolling, others with hate etc etc.
it was just a joke lol xD
Go get a massage and send me the bill. Does wonders for me when I'm wound up.
@jar weren't you an admin?
Back in the day. It takes a part of you, can't do it forever 🤣
That's generous. You should be specific on the massage, you could get a bill > $500...
No handies
I moved my website to a new provider, and now I'm seeing news articles about this provider hosting questionable websites in their data center...
https://krebsonsecurity.com/2020/10/qanon-8chan-sites-briefly-knocked-offline/
https://news.netcraft.com/archives/2020/10/23/exploring-8chans-hosting-infrastructure.html
I'm a little uneasy about this. The fibers carrying my beautiful and family friendly content probably carried these nasty bits last year.
There was also discussion on LET with the hosting owner about that:
https://www.lowendtalk.com/discussion/167496/spartan-host-provides-ddos-protection-services-to-8chan-8kun/p1
Just close your eyes as the majority of people.
Simply use DMCA Ignored Hosting if you are so worried about DMCA