Unjust and extraterritorial law: DMCA: Difference between revisions

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There is no review process. No human being examines the case. The decision is made by an automated system trained to match pixels and audio patterns, without considering the legal context. The company that issued the takedown is based overseas. If the creator wants to contest the strike, he must submit personal information, accept legal liability, and prepare to defend himself in a foreign jurisdiction.
There is no review process. No human being examines the case. The decision is made by an automated system trained to match pixels and audio patterns, without considering the legal context. The company that issued the takedown is based overseas. If the creator wants to contest the strike, he must submit personal information, accept legal liability, and prepare to defend himself in a foreign jurisdiction.


Hiring a lawyer involves not just legal fees. It may also require booking a flight, for example from Florida to California, which is over 5,000 kilometers. If the accused is from another country, an interpreter may also be needed. He must navigate a legal system he has never dealt with. All of this happens only to defend the use of content he was legally allowed to use in his own country, if he is a foreign user.
Hiring a lawyer involves not just legal fees. It may also require booking a flight, for example from Florida to California, which is over 5,000 kilometers. If the accused is from another country, an interpreter may also be needed. He must navigate a legal system he has never dealt with. All of this happens only to defend the right of fair use, a right that should have protected him from the very beginning.


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.