Repeal the Digital Milennium Copyright Act (DMCA)
It is evident that the framers of the infamous Digital Millenium Copyright Act intended it to have a transformative effect on the public and legal perception of intellectual property. In the attempt to develop a fully-realized definition of what constitutes infringement, fair use, and the rights of users in the consumption of digital works, the DMCA has had quite the opposite effect by institutionalizing considerable legal ambiguity. The recent spat between the John McCain presidential campaign and YouTube has demonstrated that both practitioners of law and a leading supporter of the DMCA are no closer to understanding the controversial law than the general populace.
With so much confusion and abuse surrounding the DMCA, isn't it time we start over and take a fresh approach to intellectual property that doesn't irreconcilably tip the scales in favor of big media?
anonymous
shared this idea
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Sir_Sid commented
The Safe Harbor clause is important. We cant get rid of that.
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themaskedanalyst
commented
The DMCA is blatantly unconstitutional. We have a constitutional right to speak anonymously on the internet. However, if your speech or video is the target of a takedown notice you either have to give up your anonymity or commit perjury to file a counternotice--even if the takedown notice was bogus. For more details see:
http://www.themaskedanalyst.com/The%20DMCA%20is%20Uncontstitutional.htm
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ohmightyvlog
commented
DMCA is a pile of bologna, I got slapped with 2 in ONE day because someone found a way into my wi-fi and downloaded illegal HBO shows, it is not inforceable in a fair way, if I had gotten one more they would have killed my Internet, for a crime I did not even commit.
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orange.eagle
commented
Thoroughly support this. Saying "Oh, but there are some exceptions built in" is like saying "We don't really need to REPEAL the "cut off thieves hands" law, there ARE exceptions for old ladies and children." The law is poorly designed from the ground up. Scrap it, and put something better in its place. Something that balances the rights and interests of creators with that of the public.
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Dr. Lizardo
commented
So the Fair Use doctrine establishes a judicial precedent allowing us to make backup copies, but the DMCA effectively makes it a felony to do so? Time to stop allowing the RIAA and MPAA to handcraft laws (or international treaties) to suit their bottom line and email them to their campaign-supported Members of Congress for a rubber-stamping that turns us all into felons... Repeal the thing!
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josephsack
commented
Wouldn't this issue be something for congress to legislate? While I agree with repealing (or amending) the DMCA, it seems out of the scope of what the executive branch could implement.
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snapdoodle
commented
I think it needs to be amended. So I'm not voting on repeal.
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snapdoodle
commented
I think it needs to be amended. So I'm not voting on repeal.
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mgoren
commented
Can we assume that this item is referring to the anti-circumvention provisions of the DMCA? Because everyone would be in big trouble if the safe harbor provision were repealed.
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underwhelm
commented
The DMCA must be reformed, at a minimum. The triennial rulemaking is a disaster and does not achieve it's intended purpose—to protect fair use. The Librarian has failed to exercise the authority delegated by Congress.
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jps
commented
There are some good parts of the DCMA, such as protections for archival copies, reverse-engineering, and allowing the Librarian of Congress to make specific exemptions. Don't repeal the whole thing.
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freelancer
commented
I don't agree with this, as a self employed artist, when my work is available for free who's going to want to buy a print? small business & self employed artist/individuals are hurt by this.
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musicalrunner
commented
Agreed. We need a new "web 2.0" definition of intellectual property that gives credit to the creators/owners without prohibiting the spread/popularity (!) of whatever the file is.