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Comment by andmarios | Hacker News Reader

This is not entirely accurate. One thing that doesn't seem to get much publicity, is that this law also fixes the broken DMCA process.

Platforms are expected not only to avoid taking down the wrong content, but they are obligated to have stuff (not computers) that rapidly examine any complaints about unlawful take-downs and re-instate the content.

http://www.europarl.europa.eu/news/en/press-room/20180906IPR...

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A "fix" for DMCA is small civil penalties for obviously invalid takedown requests. Small ones. $1 to the carrier and $1 to the content poster and $1 to the bureaucracy. Enough to push back on the automated takedown shotgun and make inaccuracy expensive. Little risk to some dude defending his garage band's IP because he's going to be careful, lots of risk to big content's robot army.

You call that a "fix"? Sounds like a windfall for incumbent media companies.

That link certainly seems to tell a completely different story. It's good that there are exceptions for small platforms, wikipedia and github.

That doesn't change the fact that the upload filter in particular is something that even Google can't seem to get right, so it's highly questionable what they really expect from this.

I guess what I hope about, is that right now the DMCA doesn't provide a good incentive to tackle wrong take-downs. Maybe by making this into a law, the process can get better. Companies will always do the absolute minimum required —and as a shareholder, this would be what I would demand as well. So it's up to us to set this minimum to an acceptable level.

Of course, I understand there are many ways this could go wrong. Law most of the time plays catch-up...

So this increases the burden on victims rather than the people making invalid takedown requests, who continue to be given free rein.

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