The DMCA is a lot better than what might replace it
Posted Dec 8, 2011 2:46 UTC (Thu) by JoeBuck
In reply to: In addition...
Parent article: SFLC, EFF seek DMCA exemptions
The DMCA has anti-circumvention provisions (very bad), and it also has provisions to protect site operators from liability if a third party (a commenter, or a blogger buying hosting services from the site operator) violates someone's copyright (pretty good). The copyright owner can't get the site banned from the net, and can't sue for zillions in damages. Instead, there's a procedure called "notice and takedown".
The notice and takedown provisions of the DMCA are vastly better than anything that could replace it. The alternative (desired by the "content industry") would be to make a site owner liable for any comment published on the site. Open forums would go away, as one illegal post might result in hundreds of thousands of dollars in liability.
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