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Originally Posted by adtrafic
I think you are confusing a lot of things regarding the DMCA laws. The DMCA law is only to protect intellectual property rights. Which offers clauses such as fair usage policy and protection against false DMCA reports focused on silencing criticism or artistic freedom.
Fictional Example: The new Indiana Jones movie is released, The New York Times makes a criticism that the movie is very bad, the worst in history. It provides arguments and also in the article and the review of the film there are some small pieces of the film, it may well be the trailer, or some fragment. (The producers of the movie, not liking the criticism, try to take down the article with the DMCA law.) Error, in this case the fair usage policy applies and the article is protected under the DMCA law. Since it is freedom of communication and in the end it is a review of a commercial product.
Another example: Very large fragments of a work or even the entire work are shared publicly without permission. In this case, the DMCA law also applies and the content can be removed from the methods that you previously said, google takedowns etc...
But remember that basically the entire global media industry is based on the sharing of third party content.
News channels, sports channels, etc... And let's not talk about digital media or social networks, many of the videos you find on social networks like Reddit or Facebook are taken from Tiktok. Do you think that tik tok could take away the domain from Facebook or Reddit?
So the DMCA laws are not to protect youtube. They are to regulate the United States copyright industry and also to safeguard freedom of expression and communication under some of its clauses.
Europe itself has its own copyright laws. Despite the fact that the majority of European companies are common compliants with said American laws.
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It all depends on the platform I would think? If a user uploads to TikTok and have agreed to their Terms Of Service then they would expect other parties to use their content now that it is public. This is not the case with stolen adult content and illegal tubes.
But to further your example with TikTok: let's say someone takes an illegal video of a person (without their consent, not age related) and posts it on TikTok which then gets used by third parties. What does the person whose likeness and image have been used without their consent do? Send a DMCA notice everywhere?
So, as always with laws and lawyers, "it depends". Therefore finding an exact comparison to the issues involved with illegal adult tubes will prove difficult.
Quote:
Originally Posted by adtrafic
(The DMCA was enacted in response to the lack of laws that addressed the nature of technology and how it affects the older U.S. copyright laws. The DMCA is in Title 17 of the United States Code (U.S.C). The Digital Millennium Copyright Act focuses on protecting the register of copyrights.)
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The DMCA laws need to be updated since they were enacted in the 20th century for fuck's sake.