DMCA guideline updates spring 2018 #104
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KOLANICH
reviewed
Apr 20, 2018
| In order to understand the DMCA and some of the policy lines it draws, it's perhaps helpful to consider life before it was enacted. | ||
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| Before the DMCA, an Internet-based service provider like GitHub could be liable for copyright infringement in the United States just for hosting its users' pictures, music, videos or code. This was true even if it had no actual knowledge of any infringing content. This was a problem, since even a single claim of copyright infringement can carry statutory damages of up to $150,000. With potential damages that high multiplied across millions of users, cloud-computing and user-generated content sites like YouTube, Facebook or GitHub probably [never would have existed](http://arstechnica.com/tech-policy/2015/04/how-the-dmca-made-youtube/) (or at least not without passing some of that cost downstream to their users). | ||
| The DMCA provides a safe harbor for service providers that host user-generated content. Since even a single claim of copyright infringement can carry statutory damages of up to $150,000, the possibility of being held liable for user-generated content could be very harmful for service providers. With potential damages multiplied across millions of users, cloud-computing and user-generated content sites like YouTube, Facebook, or GitHub probably [never would have existed](http://arstechnica.com/tech-policy/2015/04/how-the-dmca-made-youtube/) without the DMCA (or at least not without passing some of that cost downstream to their users). |
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The another (a far better) solution is to abolish copyright (and DMCA) completely.
mohdhafis8507
approved these changes
Apr 23, 2018
Clarifications to DMCA Takedown Policy
Contributor
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Thank you all for your feedback and comments, but we won't be making any additional changes at this time. |
Contributor
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The public comment period has ended. This version is being merged into master. |
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We've made a few small changes to the wording of our DMCA guidelines based on some good feedback from our community about ways to improve their readability.