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The DMCA must have been a good idea in its day – almost every other country copied it.
Today, the DMCA's takedown process is broken, but Silicon Valley's billionaire plantation owners have successfully convinced many that it's broken for completely different reasons. Instead of empowering the little guy to give them more ownership over their own stuff, Google argues, we need to punish them even more.
Call it a "cuttlefish strategy." With a cuttlefish strategy, you spray ink into the water so no one can really see what's going on, and Google is very adept at doing this. The ink-sprayers this week are the Google-funded Takedown Project.
Before addressing why it's broken, we need to understand the context in which it was created. The takedown framework was a sop to the individual, in return for which fledgling internet companies would be blessed with an exception from copyright infringement claims.
So these giants will back any cause that makes it harder for the individual to assert their legal rights against a Google or a Facebook, to ensure they have media to sell ads against. The remarkable thing is that some (admittedly on the fringes of the internet, but not uncommon on tech blogs) cheer when the little guy loses, and the big guy wins.
So what would happen is, um, so in the worst case scenario, because we do understand there are cases where our partners don’t want to participate for various reasons, what we basically have to do is because the music terms are essentially like outdated, the content that you directly upload from accounts that you own under the content owner attached to the agreement, we’ll have to block that content. but anything that comes up that we’re able to scan and match through content ID we could just apply a track policy but the commercial terms no longer apply so there’s not going to be any revenue generated.