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Comment by freedomben | Hacker News Reader

Yes, it really blows my mind that this isn't the case. It really shows how unbelievably powerful the "rightsholder" interests are, that they can not only demand one-way accountability, but also get one of the biggest and most powerful corporations in the world to enforce and operate it for them.

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Well, there is some accountability penalty in the DMCA, but it's just against people who issue takedowns for content they know they aren't responsible for. In other words, the only penalty is for impersonation, not for totally frivolous and excessive claims.

There is some merit in limiting who-can-file-for-what, however it also annoys me since it also closes off a route of activism which could help force a consistent application of the rules. (Thus exposing both how bad the system is and also forcing rights-holders to curb their overreach.)

For example, imagine that AcmeCorp lawyers were to abuse takedowns to remove negative reviews of their product, while ignoring positive reviews that are equally-or-more "infringing." Or if multiple companies arranged a kind of ceasefire-cartel while using the law to persecute others. If a citizen could "help" them with removing all that content they "missed"...

It is very asymmetric. The supposed rightsholder just has to fill out an online form or make an automated API request to take down content in an often automated, guilty-until-proven-innocent system. But to dispute a claim the supposed violoter has to go through a much more arduous process with limited information. To seek accountability of a false claim, they must go to the courts which are innocent until proven guilty, and will take significant time and money to pursue. And the claimant can just claim it was a mistake. That may even be true. After all there isn't an incentive to put any effort into making sure your claim is valid before making it.

Incorrect

> Incorrect

Insufficient

Correct. https://www.eff.org/cases/lenz-v-universal

Idk, on one hand I hate corporations and suit and tie MBAs and lawyers working to enable the 1%.

But the prerequisite to the above argument is that people have a right to upload to YouTube; we don't, but it would certainly be a better service if its users weren't plagued by false copyright claims.

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