Something I think *must* be the case is that the studios have strategically given up on making sure their DMCA notices seem reasonable
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And maybe you don't! Maybe that's the point at which DMCA laziness is beyond the pale.
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But the 9th circuit decision doesn't do much to curb laziness, which plagues the present system much more than intentional censorship.
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This epidemic of DMCA laziness is part of the driving force around proactive systems like Content ID.
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Because DMCA laziness is so extreme, platform-side detection-and-licensing means fewer takedowns for users entirely.
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But Content ID has a huge toll on users in the long run, and it's a false choice being enabled by an imbalance in § 512.
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At this point, the § 512 imbalance is so far gone I wonder if any revival of 512(f) could possibly rectify the situation.
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But in any case, (f) was intended as Congress's counterbalance, and it's defunct. The canary in the coal mine has been dead for years.
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@sarahjeong So does the judicial system just have a epistemological problem around the hand off between humans and machines? -
@sarahjeong Are there parallels re robo-signing on foreclosures that make these a similar kind of problem? -
@knowtheory Well, someone has to sign the document and there's a bit about "on penalty of perjury" but it only applies to one bit and... -
@sarahjeong it just seems very wizard of oz. Signatory probably won't have knowledge of robot's policy/algorithms. Robots can't sign. -
@sarahjeong System designers remain behind curtain. -
@knowtheory Yeah, and the example given in the Lenz decision is an extremely blunt (though limited!) algorithm.
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