Unjust and extraterritorial law: DMCA: Difference between revisions
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This is how the DMCA handles fair use. It is not treated as a right but as an exception you have to defend manually, at your own risk and cost, with no guarantee that anyone will listen. | This is how the DMCA handles fair use. It is not treated as a right but as an exception you have to defend manually, at your own risk and cost, with no guarantee that anyone will listen. | ||
<blockquote>'''Section 512(c)(1)(C) of the DMCA''': "Upon notification of claimed infringement [...] the service provider shall respond expeditiously to remove, or disable access to, the material that is claimed to be infringing or to be the subject of infringing activity."</blockquote>This clause requires platforms to take down content quickly when they receive a complaint. However, it does not require them to restore the content after a dispute is filed. The law protects platforms only if they remove the content, which gives them a strong incentive to delete first and ask questions later. This one-sided structure undermines the presumption of innocence and forces users to prove their legitimacy after the damage is already done. | |||
==References== | ==References== | ||