Published in News

DCMA not harsh enough

by on08 November 2011



Big Content lobbies US government


The four largest record labels are moaning at the way the courts are interpreting the Digital Millennium Copyright Act.

Jennifer Pariser, the attorney who oversees litigation for the Recording Industry Association of America they are planning to lean on their chums in Congress to tighten the law. She claims that the DMCA is not providing the kind of protection against online piracy that Congress intended.

She moaned that courts are interpreting Congress' statute in a manner that is entirely too restrictive of content owners' rights and too open to Internet service providers. Pariser said that the RIAA will have to go to Congress because the interpretation has been so hamstrung by court decisions.

Part of the problem is the need for "red-flag knowledge." Service providers need to have a reason to know of direct infringement or they cannot be held liable. In 2007, Viacom sued YouTube claiming that the outfit encouraged users to post unauthorized video clips copied from movies and TV shows.

But District Judge Louis Stanton said a service provider must have knowledge of specific violations.

More here.


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