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 does not proceed under the presumption that people are innocent. Most often, creative works are removed or blocked immediately, without any formal investigation or judicial hearing. Once a takedown notice is filed, users are expected to prove they are not infringing, which may require them to reveal personal information and accept legal risks. The content remains offline until the conflict is resolved, regardless of the user's good faith or the legitimacy of the original claim.

At the same time, the major online platforms that control most global publication and communication are all legally based in the United States. This includes services such as YouTube, Twitch, Facebook, Instagram and others. Even when local consumer law requires these companies to maintain a presence in each country, their terms of service clearly state that '''<u>every user, whether located in Beijing, Timbuktu or Helsinki, must follow US law and appear before US courts</u>''' in case of a dispute. This effectively imposes a foreign legal system on millions of people worldwide who have never had any connection to the United States, making the DMCA one of the clearest examples of extraterritorial law applied through private corporate infrastructure.

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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.

== Example 1: National licenses overridden by global enforcement ==

==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.

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 {{ToneWarning}}
-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 does not proceed under the presumption that people are innocent. Most often, creative works are removed or blocked immediately, without any formal investigation or judicial hearing. Once a takedown notice is filed, users are expected to prove they are not infringing, which may require them to reveal personal information and accept legal risks. The content remains offline until the conflict is resolved, regardless of the user's good faith or the legitimacy of the original claim.
 At the same time, the major online platforms that control most global publication and communication are all legally based in the United States. This includes services such as YouTube, Twitch, Facebook, Instagram and others. Even when local consumer law requires these companies to maintain a presence in each country, their terms of service clearly state that '''<u>every user, whether located in Beijing, Timbuktu or Helsinki, must follow US law and appear before US courts</u>''' in case of a dispute. This effectively imposes a foreign legal system on millions of people worldwide who have never had any connection to the United States, making the DMCA one of the clearest examples of extraterritorial law applied through private corporate infrastructure.
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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.
-== Example 1: National licenses overridden by global enforcement ==
+==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.