Mike Masnick is one of the rare voices of sanity in the digital rights space.
For this post I’m going to focus in on the most problematic idea in the bill: the notice-and-staydown provision. We’ll discuss other problems at a later date. The notice-and-staydown provision has many, many problems. To be fair, Tillis tried to make the notice-and-staydown slightly less problematic by saying it only applies to “complete or near complete cop[ies] of a copyrighted work already identified in a notification of claimed infringement or list of unauthorized works….” It’s the complete or near complete part that he thinks makes this less bad. He’s wrong. First of all, he undermines this immediately in the next section by also saying that the notice-and-staydown applies to “any portion of a copyrighted work already identified in a notification of claimed infringement… if the service provider derives its commercial value predominantly from short-form media.” So it’s not just complete, or nearly complete works.
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