Unjust and extraterritorial law: DMCA: Difference between revisions

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<blockquote>Section 512 of the Digital Millennium Copyright Act establishes that online service providers shall not be held liable for copyright infringement if they respond expeditiously to remove or disable access to material that is claimed to be infringing, upon notification from the copyright holder.</blockquote>In simple terms, anyone can file a DMCA claim... whether manually or automatically... and the content will be removed first, without any investigation or hearing. The responsibility falls entirely on the user to prove that their use was legal. This includes proving fair use, public domain status, or authorship, which may be difficult or impossible without legal assistance.

As a result, virtually every major platform operating in the global digital space enforces DMCA takedowns. This includes not only corporate platforms like YouTube, Instagram and Twitch, but also so-called alternative or decentralized platforms such as Mastodon, Odysee, PeerTube, Ghost.org, and a video platform whose name blends "Bit" and "Chute" (commonly written as one word).. Even services hosted outside the United States apply similar mechanisms. Kick, based in Australia, explicitly refers to the DMCA in its content policy. Pixelfed, based in Canada, is subject to Canada's "notice and notice" system, which forwards copyright complaints to users and exposes them to risk, even when no court order is involved.

As a result, virtually every major platform operating in the global digital space enforces DMCA takedowns. This includes not only corporate platforms like YouTube, Instagram and Twitch, but also so-called alternative or decentralized platforms such as Mastodon, Odysee, PeerTube, Ghost.org, and a video platform whose name blends "Bit" and "Chute" (commonly written as one word). Even services hosted outside the United States apply similar mechanisms. Kick, based in Australia, explicitly refers to the DMCA in its content policy. Pixelfed, based in Canada, is subject to Canada's "notice and notice" system, which forwards copyright complaints to users and exposes them to risk, even when no court order is involved.

In practice, this means that no matter what platform you use, your content can be taken down by an automated or human moderator as soon as a report is filed. It will then be up to you, the user, to provide legal proof that your content is lawful if you want to restore access or visibility. This reverses the usual burden of proof and turns every user into a potential suspect by default.

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 <blockquote>Section 512 of the Digital Millennium Copyright Act establishes that online service providers shall not be held liable for copyright infringement if they respond expeditiously to remove or disable access to material that is claimed to be infringing, upon notification from the copyright holder.</blockquote>In simple terms, anyone can file a DMCA claim... whether manually or automatically... and the content will be removed first, without any investigation or hearing. The responsibility falls entirely on the user to prove that their use was legal. This includes proving fair use, public domain status, or authorship, which may be difficult or impossible without legal assistance.
-As a result, virtually every major platform operating in the global digital space enforces DMCA takedowns. This includes not only corporate platforms like YouTube, Instagram and Twitch, but also so-called alternative or decentralized platforms such as Mastodon, Odysee, PeerTube, Ghost.org, and a video platform whose name blends "Bit" and "Chute" (commonly written as one word).. Even services hosted outside the United States apply similar mechanisms. Kick, based in Australia, explicitly refers to the DMCA in its content policy. Pixelfed, based in Canada, is subject to Canada's "notice and notice" system, which forwards copyright complaints to users and exposes them to risk, even when no court order is involved.
+As a result, virtually every major platform operating in the global digital space enforces DMCA takedowns. This includes not only corporate platforms like YouTube, Instagram and Twitch, but also so-called alternative or decentralized platforms such as Mastodon, Odysee, PeerTube, Ghost.org, and a video platform whose name blends "Bit" and "Chute" (commonly written as one word). Even services hosted outside the United States apply similar mechanisms. Kick, based in Australia, explicitly refers to the DMCA in its content policy. Pixelfed, based in Canada, is subject to Canada's "notice and notice" system, which forwards copyright complaints to users and exposes them to risk, even when no court order is involved.
 In practice, this means that no matter what platform you use, your content can be taken down by an automated or human moderator as soon as a report is filed. It will then be up to you, the user, to provide legal proof that your content is lawful if you want to restore access or visibility. This reverses the usual burden of proof and turns every user into a potential suspect by default.