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 '''<u>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</u>'''. 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. What is wrong with this ~~law~~ is its outdated nature.

It is worth noting that '''<u>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</u>'''. 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. What is wrong with this framework is its outdated nature.

==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 '''<u>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</u>'''. 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. What is wrong with this law is its outdated nature.
+It is worth noting that '''<u>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</u>'''. 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. What is wrong with this framework is its outdated nature.
 ==References==