The DMCA Isn’t All Bad (Really!)

by on March 27, 2007 · 2 comments

A very sensible video editorial from Walt Mossberg:

I agree with Mossberg that we need “a law written from the perspective of the consumer and the internet, rather than strictly from the perspective of the copyright holders.” But I think Mossberg is lumping together two things that it might be better to keep clearly distinct: the DMCA’s anti-circumvention language, and its notice-and-takedown provisions. As I’ve said repeatedly on this site, I think the former are bad news from almost every perspective and should be repealed. But I don’t think the latter is so terrible, and I haven’t seen anyone propose an alternative that I can get excited about. Clearly, if copyright is going to mean anything, Viacom has to have some cause of action when people upload non-trivial amounts of its copyrighted materials onto YouTube. For all of their flaws, the notice-and-takedown provisions seem to strike a pretty good balance. I would be hesitant to start lobbying Congress to re-consider that part of the DMCA before we have a clear idea of what ought to replace it.

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