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Re: [dvd-discuss] adobe DMCA letters

--- Harold Eaton <haceaton@hotmail.com> wrote:
> It's far worse than imperfect, it too is a travesty. What it
> does is equate allegation with proof, and turns the adjudication
> over to large corporations instead of the courts. It doesn't do
> these things on it's face, but unless you have the resources to
> become your own tier 1 service provider (e.g. Larry and Bill,
> but just about nobody else), it has the same practical effect
> on the internet.

What the DMCA really does is tell your ISP that if they follow the take down
process outlined in the statute then they are sheilded from liability. Contrary
to what many people believe, the takedown provisions require your ISP to stop
any ongoing infringing activity, not to disconnect you entirely. If a false or
unverifiable allegation comes in, the choice is entirely theirs as to what to
do. If they are a company that will not stand up for their customers against a
clearly false allegation, then you probably don't want to do business with
them. If you are really worried about this part of the DMCA, I would suggest
asking your ISP how they handle disputed DMCA takedown requests before you sign
up with them.

The takedown provisions in no way shield those who make the allegation from the
legal consequences of making a knowingly or negligently false allegation,
although your legal damages from not having ISP serices will be quite small
unless you run a business or something similar.

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