[liberationtech] Designing Fairness for DMCA

[Lucas Gonze]

On Tue, Jul 16, 2013 at 1:00 PM, John Adams <jna at retina.net> wrote:
> We call this "The trust and safety departments at most major companies."
>
> It already exists. You're getting wrapped up in a technical implementation
> which would normally be handled by large teams. The level of integration you
> describe is more than just a simplistic database table.


I spent much of last year working on a project similar to
@RiptideTempora's. What I found is that organizations which get enough
takedown requests to need administration tools are pretty big. For
them, Zendesk already does a good job. There is an abuse department
within the organization, which is part of customer support and which
implements policy set by an attorney.

For an organization smaller than this, executives typically handle
DMCA takedown requests manually. They usually comply with all
requests, because that is the essence of the safe harbor.

To help users, I believe the best approach is legal assistance. Users
need to know what their options are, how to file a counter notice, why
the shouldn't file counter notices when they really are infringing,
what infringement means, and so on.

> Additionally, your order of operations doesn't match the DMCA workflow that
> is required by law. Have a look at this helpful infographic and rethink the
> flow..
>
> http://www.mediabistro.com/appnewser/files/2012/02/infographic-dmca-process1.png

This infographic is to help third parties understand the notice and
takedown process. It is not a workflow for online service providers.

-Lucas Gonze