As long as DMCA takedowns still exist I will refuse to describe it as "palatable".
The anti-circumvention parts of the DMCA are insane, but the takedown stuff isn't bad and benefits the little guy just as much as the big guy.
This completely ignores the blatant due process issues.
Aside: WTF? Everyone produces "IP". These are not a separate class of people.
> To say that "big guys" and "little guys" are on equal footing with takedowns is to be willfully ignorant of reality.
I'm not saying it's perfect, and I don't know overall whether I like that it exists or not. But I also don't see how it's as much of a problem as people make it out to be, and I don't see how it only favors the big guys.
Let's say you're a small time photographer, and someone steals your pictures and posts them online. A DMCA claim and you can have them taken down. That is in the interest of small folks, who may not be able to hire lawyers or file law suits in whatever jurisdiction is necessary to prevail.
I have explained why I believe it helps small and large business equally. If you'd like to have a discussion, I invite to explain why you think what you think, and open yourself to criticism by the community.
What you think is the "reality of the situation" requires explanation. If you aren't willing to provide that explanation, this discussion forum may not be a good fit for you.
Who said anything about businesses?
That reality? Because you're not entitled to your own.
"That reality? Because you're not entitled to your own."
Ok troll. Fuck off.
It's certainly possible that actions like those you outline (which essentially amount to barratry) could happen. I never said that the content provisions were perfect; I'm not a big fan of some language and some behaviors that are in the content takedown sections of the DMCA. It could certainly be modified and improved, and I'd be all for that. But I'd argue that it, as-is, remains a useful course of action for the "little guy" IP producers who essentially have no other recourse, and that that outweighs the abuses perpetuated by a small group of content creators.
I think he meant "people who produce IP professionally" or "people who earn a living off their IP". Certainly between here and reddit and other sites I've probably produced hundreds of pages of stuff, some of it even borderline insightful, and I'd be pissed if someone stole it, but it doesn't pay my rent or buy my dinner.