EU Parliament Debates a DMCA Equivalent
bs0d3 writes "Right now what is lacking across Europe is a standard law to handle notice-and-take-downs of illegal sites like the U.S.'s DMCA. Right now illegal content across Europe is subject to non-standard takedown letters, some of which include no mention of what law was allegedly infringed, nor in which jurisdiction in Europe it's infringed, or who to contact in your jurisdiction to challenge the claim, or even which company it is that is being represented by the law firm that gets in touch with the [site owner]. They need a system so that the notices would have to include information that makes them verifiable as correct." Perhaps that will change; "The EU is holding a public consultation discussing notice-and-take-down laws."
Don't do it,you'll be soooooorrrry!
I wouldn't look to the DMCA for guidance on this one... It has, perhaps, inspired a slightly greater degree of verbosity in US takedowns; but it certainly hasn't done much for the legal quality of the genre. The effective pressure to get anything other than the 'this is a DMCA takedown notice' part of the takedown notice right is close to zero.
Well I filled out the form, unfortunately it will go under when the content-mafia activates their mechanical Turks to flood them with pro-content forms.
... if as the operator of some tiny UK web site for some voluntary community group you got a letter in dubious English from some foreign lawyer accusing you of something incomprehensible?
OK, you'd probably ignore it, and quite often, perhaps usually, that would work. But if was serious, and you were actually in the wrong, what then?
Some EU-wide law saying that such notices have to follow certain rules might help actually.
(Last time I saw one of these - a letter in dubious English from some foreign lawyer accusing an organisation of something incomprehensible - it turned out to be cheaper to use Google than to pay our own lawyers to respond. The author of the letter turned out to have an "interesting" history, so the letter was just kept on file, in case it turned out to be useful evidence should the person involved try again using a less "interesting" UK firm.)
A hosting site or a service provider should not be responsible for the actions of their users, nor should they be forced to prove their innocence. In a real legal state, takedown notice laws can't exist.
The problem with the DMCA is that, in every case where I have seen it used, ones content is blocked on the internet after lawyer are involved.
It is then completely up to the owner of the site to prove that they have no infringing content on their site.
The process of sending a DMCA complaint was free, the last time I checked. Go to DMCA.com... and fill out a form, quote from the site "The DMCA.com Takedown claim form takes about 3 minutes to fill out."
If one is a victim of a bogus DMCA complaint, there is no easy help to find on their site. Once one finds the correct page one can read that a counterclaim can only be sent "after the DMCA Takedown has been submitted and after the content has been removed."
Once on sends the the counterclaim to the ISP "they must wait 10-14 days" before they may unblock the content.
Accused = sentenced immediately :( :(
Exonerated = sorry, you got to wait 10-14 days
But then you need to prove that it was actually them. People are innocent until proven guilty, fortunately.
in no more than 5 years
We'll achieve controlled fusion, etc, etc, yada-yada.
Upward mobility is a slippery slope - the higher you climb the more you show your ass.
WARNING
If you are playing this video game outside of the country of Japan. You are involved in a crime.
STOP
Use and export of this video game outside of the country of Japan is in violation of copyright law and constitues a criminal act.
Media has said similar messages to this for at least decades. The DMCA are just another layer on top of already draconian copy right laws. It is just a case of, "First they came for, then they came for, then they came for me" type of issue. Most people have been breaking laws for years and didn't even know it. Why should the general populous care now?
It is copyright infringment if you buy a book in France and then bring it back to the US to read it. It is copyright infringment to buy a DS game while in Japan and play it on your plane right back to the US. Why do laws like this suprise people and why are they only getting aggrivated *now* when they can't get their youtube videos?
The quoted message is from http://www.youtube.com/watch?v=mE1pwBApchk
I wonder how "public" they're going to be. During the ACTA debacle the Polish government invited representatives of all movie/music/whathaveyou industry organizations and not a single NGO, representative of an alternative point of view or somebody who actually has some idea about how the Internet works and they called it "public consultations". I wouldn't be surprised to see something similar here
Right now what is lacking across Europe is a standard law to handle notice-and-take-downs of illegal sites like the U.S.'s DMCA
Nah, we think we'll pass- Have a nice day.
The three laws of thermodynamics:(1) You can't win. (2) You can't break even. (3) You can't even quit.
I'm not from the US of A. And you are wrong and incorrect.
Upward mobility is a slippery slope - the higher you climb the more you show your ass.
Isn't this the article (with this exact title and summary, not a dupe of another one I'm sure) that in the submission queue the submitter had added a note apologising for his mistake in saying it was being considered by the Parliament and noting that it's actually being considered by the Commission? Is there a reason it's been put on the front page without correcting that?
Anyone who demands a takedown be taken out back and shot. We're supposed to fight censorship, not make it easier.
“He’s not deformed, he’s just drunk!”
People are innocent until proven guilty, fortunately.
On what planet?
“He’s not deformed, he’s just drunk!”
Uh, we are conversing on an English site, so it's kind of, you know, English centric.
Also, the point of language is communication, you apparently know who Forty Two Tenfold was referencing. So he did a good job conveying his intended message.
STFU & GBTW
I hope they make sure to put *severe* penalties on notices sent in bad faith, i.e. for a home-made recording of birds singing outside allegedly infringing on some song.
"oh, our automated system must have picked that up by mistake" is a textbook example of admitting to putting out a notice in bad faith (not properly verified), but somehow in the US the Lords and Ladies Rights Holders get away unpunished while they should have been hit with a $200,000 punitive damages order to be paid to the recipient of the notice.
"Thomas Aquinas" is a Latin name. Given that the guy was a prominent theologian in a Church that made Latin its business language, it's how he signed all his works in practice. Makes perfect sense to refer to him that way.
"Right now what is lacking across Europe is a standard law to handle notice-and-take-downs of illegal sites like the U.S.'s DMCA..." I always suspected the DMCA site was illegal.
an entire dreadful decade by now: http://en.wikipedia.org/wiki/European_Union_Copyright_Directive
No need to make it any worse.
Not only limited to Germany, much of northern Europe has benefited from EU, Scandinavia, Germany, France, Netherlands, etc. those that has been have been adversely affected are the PIIGS groups of countries.