Group items tagged

"EFF's Legal Director Corynne McSherry offers five lessons to keep in mind: 1. (Lots of) mistakes will be made: copyright takedowns result in the removal of tons of legitimate content. 2. Robots won't help: automated filtering tools like Content ID have been a disaster, and policing copyright with algorithms is a lot easier than policing "bad speech." 3. These systems need to be transparent and have due process. A system that allows for automated instant censorship and slow, manual review of censorship gives a huge advantage to people who want to abuse the system. 4. Punish abuse. The ability to censor other peoples' speech is no joke. If you're careless or malicious in your takedown requests, you should pay a consequence: maybe a fine, maybe being barred form using the takedown system. 5. Voluntary moderation quickly becomes mandatory. Every voluntary effort to stem copyright infringement has been followed by calls to make those efforts mandatory (and expand them)."

"The Ninth Circuit Court of Appeals ruled in Lenz's and EFF's favor today, ruling that rightsholders must consider fair use before issuing takedowns. The court found that people whose creations were censored through DMCA abuse could sue the companies that filed the censorship demands, even if they couldn't show monetary damages from the censorship. "