07-01-2010, 09:43 AM
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Confirmed User
Join Date: Aug 2003
Posts: 7,082
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Quote:
Originally Posted by gideongallery
well it will be the first time that it does
every time such a law is proposed they have a congressional hearing to allow people who have a legitimate gripe with the law to put in their input
they can't simply ignore it because viacomm bribes them too, that would be a major political scandal.
go back and look at the original dmca before the congressional hearing there was no safe harbor provision. That was specifically put in to protect fair use and free speach.
and the fair use lobby is getting better
the current monopoly penalties for fair use abuse is one such proposal.
It actually a good one, because while copyright holders object to it (see how many times people said it was unfair when i brought it up)
the fact that it only applies if you abuse fair use, means that only copyright holders who want to use the new laws to destroy fair use have to worry about it.
can you imagine , viacomm stands in front of congress saying we need to change the law to make google responsible.
and google points out over 2k people who were "accidentally" taken down by viacomm DMCA takedown purge.
and that if the law changes to force google to use viacomm definition of infringement thousands of people will be censored.
The balance that would be fair, is that if you screw up and take away someone right to speak, you should lose that right to do that every again (put the content in the public domain)
if there is no insentive to be careful, then viacomm has proven they will send out shoddy notices.
i don't think your going to get the changes you want.
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in fact odds are you will end up bitching about the balancing clause in the new act.
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“When crimes occur through the mail, you don’t shut the post office down,” Steve Wozniak
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