Hello, I'm @RiptideTempora on Twitter. My background is in web development. The other day I postulated a system for handling DMCA takedown notices on an individual website level that would tip the scales in favor of the users (whom are, as far as I can tell, currently shafted by the current iterations of U.S. legislation).
The full text can be found here: http://pastebin.com/0uG85vna The process would go something like this: 1. Someone sends a DMCA Takedown Notice 2. A new database entry in `dmca_takedowns` is created with the entire email (with full headers) 3. All infringing material are linked in the database to that takedown notice which adds a message saying "A DMCA Takedown notice has been filed for this [article/video/song/whatever]." 4. All "authors" of the content are notified of the DMCA request by internal message and by email of the DMCA Takedown Notice, which will include the phone numbers and email addresses for ACLU, NLG, et al. should they wish to file a counter-notice (which will also be public if sent to us, by adding an entry to `dmca_counternotice` which is linked to the notice ID) 5. A public index of pending (and resolved) DMCA Takedown Notices will be main- tained which include the full emails and all affected content 6. The maximum amount of time legally permitted (designated $lead) will elapse to allow the original authors ample time to organize a counter-notice 7. If no counter-notice is filed after $lead we will either amend or disable the public availability of the content. The `dmca_takedown` entry will be marked as "Taken Down" 8. If a counter-notice is filed, we will disable the content after $lead days and mark the `dmca_takedown` entry as "Counter-notice filed" to comply with [my understanding of the law], then wait 14 days for the filer to respond to file a lawsuit (during which time we will be in contact with the authors who filed counter-notice). 9. If after 14 days no lawsuit was filed, the takedown notice will be marked as "14 days expired without lawsuit" and the content will remain visible (but still be indexed on a separate page for "failed" DMCA Takedowns) 10. If we receive notification that a lawsuit has been filed, we disable access to the material and mark it as "Lawsuit Pending" In total, I anticipate 3 pages consisting of 2 lists, 2 list, and 1 list respectively: 1. The front page will list: A. New DMCA Takedown Notices B. Counter-notice Filed 2. There will be a "taken down" page for the sake of transparency A. Successful takedowns B. Content disabled, pending the outcome of a lawsuit 3. There will be a "failed" page that lists unsuccessful takedown requests for the sake of transparency I'd like to know if such a system would be legally viable or if it would incur additional risks for a website that implemented such a system; and further, what adjustments could be made to make this design more robust under the current legal and political climates around copyright law? Thank you for your time, ~RT -- Too many emails? Unsubscribe, change to digest, or change password by emailing moderator at [email protected] or changing your settings at https://mailman.stanford.edu/mailman/listinfo/liberationtech
