Unjust and extraterritorial law: DMCA: Difference between revisions
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The DMCA is a US legal framework that deprives the accused of the presumption of innocence by removing or blocking their creative work immediately, without any formal investigation or judicial hearing. Once a takedown notice is filed, the burden is on the user to prove they are not infringing, often by revealing personal information and accepting legal risk. The content remains offline until the conflict is resolved, regardless of the user's good faith or the legitimacy of the original claim. | The DMCA is a US legal framework that deprives the accused of the presumption of innocence by removing or blocking their creative work immediately, without any formal investigation or judicial hearing. Once a takedown notice is filed, the burden is on the user to prove they are not infringing, often by revealing personal information and accepting legal risk. The content remains offline until the conflict is resolved, regardless of the user's good faith or the legitimacy of the original claim. | ||
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By treating non-American users as if they were under US law, the DMCA extends far beyond its national scope. It imposes a foreign legal system on the entire internet, without legal standing or democratic legitimacy in most affected countries. | By treating non-American users as if they were under US law, the DMCA extends far beyond its national scope. It imposes a foreign legal system on the entire internet, without legal standing or democratic legitimacy in most affected countries. | ||
==Example: | == Example 1: National licenses overridden by global enforcement == | ||
The global reach of the DMCA does not only suppress individual rights. It also overrides national legal frameworks that are supposed to authorize the lawful use of copyrighted content. | The global reach of the DMCA does not only suppress individual rights. It also overrides national legal frameworks that are supposed to authorize the lawful use of copyrighted content. | ||
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This is not a misunderstanding between systems. It is a power grab. The DMCA functions online as if it were the only copyright law that matters. It cancels foreign authorizations automatically, without legal standing outside the US and without being challenged by any authority. The user ends up paying for a right that is ignored in most online contexts, and has no meaningful way to enforce it. | This is not a misunderstanding between systems. It is a power grab. The DMCA functions online as if it were the only copyright law that matters. It cancels foreign authorizations automatically, without legal standing outside the US and without being challenged by any authority. The user ends up paying for a right that is ignored in most online contexts, and has no meaningful way to enforce it. | ||
==Example: Fair use and automated retaliation== | ==Example 2: Fair use and automated retaliation== | ||
An American freelance content creator uploads a reaction video after a Formula 1 race. In his analysis, he includes a five-second clip of a key moment from the broadcast. The excerpt is used under the rules of fair use. It is not monetized directly, and it appears in a clearly transformative and critical context, which is protected by US copyright law. | An American freelance content creator uploads a reaction video after a Formula 1 race. In his analysis, he includes a five-second clip of a key moment from the broadcast. The excerpt is used under the rules of fair use. It is not monetized directly, and it appears in a clearly transformative and critical context, which is protected by US copyright law. | ||