Unjust and extraterritorial law: DMCA: Difference between revisions

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<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.

It is worth noting that when this provision was written in 1998, most US lawmakers likely did not even have home internet access. The internet was not yet a global platform for mass publication and individual expression. The DMCA was conceived to regulate the distribution of pirated software and physical media, not to moderate billions of user-generated posts on real-time content-sharing platforms. Its current application represents a distortion of the original intent, repurposed to control a digital ecosystem that did not exist when the law was passed.

==References==

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 <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.
+It is worth noting that when this provision was written in 1998, most US lawmakers likely did not even have home internet access. The internet was not yet a global platform for mass publication and individual expression. The DMCA was conceived to regulate the distribution of pirated software and physical media, not to moderate billions of user-generated posts on real-time content-sharing platforms. Its current application represents a distortion of the original intent, repurposed to control a digital ecosystem that did not exist when the law was passed.
 ==References==