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  1. #1

    * EFF says they're defending the DMCA

    I came across this story today, although it's a few days old.

    Apparently, the Electronic Frontier Foundation is suing a webmaster because he sent out DMCA notices regarding a picture from an appearance he did on a national news show.

    His theory seems to be that because it's a picture of him, he has the right to DMCA.

    The EFF press release is here:

    And there's a link to the case file. The webmaster is none other than Michael Crook, who is deservadly hated for making disgusting websites...for his part, he blabbers this:

    Like him or hate him, this case will change the tone for DMCA one way or another, which I personally think is EFF's true intent.

    After looking through Crook's websites, I can't possibly see him being gainfully employed, so this can't be financially motivated.

    So that raises the question, the DMCA, as it stands, good or bad?

  2. #2
    Join Date
    Jun 2004
    I'm a huge supporter of the EFF, I donate tons of bandwidth to some of their projects. I think they are somewhat right. Fox probably had him sign a waiver too, or at least verbally agreed to the interview. So when you make a public appearance and it backlashes against you, you should be able to call DMCA on your pictures, ********.

  3. #3
    Join Date
    Jan 2005

    * DMCA issues

    I see a lot of problems with DMCA overall; I am not sure about the take on asking for a removal of an image of one's self used in an DCMA claim.

    The problem is *anyone* can make a valid claim against content on a host and according to the DMCA law, the content must be disabled before proofing that the claim is actually owned by the complainant. The counter notification by the infringee can state that the claim is false but the content must be disabled temporarily.Then, under the DMCA, a court order must be submitted later within 10 to 14 business days, to keep the infringing content offline. But such claims hardly get to the court order step. Because of this, there are lots of third party complaints submitted between people or companies who have disputes with one another, so the DMCA can be abused when people are aware of creating and submitting a valid DMCA claim.

    This article is rather interesting as well, noting possible elimination of competition online while making a DMCA claim.
    Last edited by sotet; 11-04-2006 at 04:43 PM. Reason: grammar

  4. #4
    Join Date
    Jul 2003
    Goleta, CA
    The DMCA is over 8 years old and needs a complete overhaul to allow it to meet the issues of today and tomorrow.
    Patron: I'd like my free lunch please.
    Cafe Manager: Free lunch? Did you read the fine print stating it was an April Fool's joke.
    Patron: I read the same way I listen, I ignore the parts I don't agree with. I'm suing you for false advertising.
    Cafe Owner: Is our lawyer still working pro bono?

  5. #5
    Well, that is true...perhaps this will cause the overhaul that you suggest.

  6. #6
    Join Date
    Dec 2001
    Toronto, Ontario, Canada
    The thread title should probably be corrected, as EFF is defending *against* the DMCA, not the DMCA itself (rather defending against abuse of the current DMCA).

    They've actually gotten into another DMCA case since that one:

    BoingBoing has a pretty decent article on the issue (and now Crook has sent BB a DMCA takedown notice too), thats been updated a few times (and includes the raw DMCA notice heh):

    Notably, AFAIK this is the only "copyrighted face" in history, beware, viewing said sites may make you legally liable in a variety of manners after glancing upon the copyrighted face .

    I say good on EFF, DMCA abuse is rampant, this is the first major step in the direction of reform that I've seen to date.

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