November 11, 2011, 12:41 PM —
In a court case between Hotfile.com and Hollywood studios, Warner Brothers admitted they sent takedown orders for thousands of files they didn't own or control.
Using an automated takedown tool provided by Hotfile, Warner Brothers used automated software crawlers based on keywords to generate legal takedown orders. The Digital Millennial Copyright Act (DMCA) treats hosting companies as "common carriers" that aren't liable for the contents users put on sites. This comes from the precedents not holding the Post Office for what people mail, or the phone companies liable for what people say when calling. But the flip side is that hosters must remove files when receiving a legal takedown notice from the copyright holder.
Clauses in the DMCA punish those who abuse the takedown process., but they aren't enforced. Perhaps some compensation should be provided for owners of files ordered removed by other copyright holders acting irresponsibly. And these mistakes should temper Warner Brothers' contention that carriers such as YouTube should know what content infringes copyright, since Warner themselves doesn't seem to understand what material they own.
Stupid Warner Brothers
Way to go douchebags.
ounkeo on arstechnica.com
Warner just lost the moral high ground - the court's position is going to be substantially affected by this. Better yet, this is now pure gold for all the other similar cases worldwide, since we can now demonstrate an actual danger of giving the content owners free reign.
Asd on torrentfreak.com
If the IP holder has difficulty discerning infringement from non-infringement, how the heck is Youtube supposed to magically know?
Anonymous Coward on techdirt.com
Last time I checked the law regarding take down requests, the request had to be in good faith "and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed" (17 U.S.C. § (512(c)(3)(A)(vi)). But that's just for regular people I suppose.
thepasswordispassword on arstechnica.com
Anyone else notice how these big corporations won't tell the truth until you back them into a corner like a rat?