Advertisement
Not a member of Pastebin yet?
Sign Up,
it unlocks many cool features!
- <?xml version="1.337"?>
- <DOCUMENT>
- <HEAD>
- _____ _ _ ______ _
- / ____| | | | | ____| | |
- | | ___ | | __| | |__ _ __ ___ _ __ | |_
- | | / _ \| |/ _` | __| '__/ _ \| '_ \| __|
- | |___| (_) | | (_| | | | | | (_) | | | | |_
- \_____\___/|_|\__,_|_| |_| \___/|_| |_|\__|
- https://www.chillingeffects.org + "Think globally, act locally" = ColdFront
- </HEAD>
- <DISCLAIMER>
- This is merely an idea I had; I do not know if it has any merit.
- </DISCLAIEMR>
- <ABSTRACT>
- A system integrated with a website to handle DMCA Takedown Notices in a
- wholly transparent way while also providing notice to users.
- </ABSTRACT>
- <MOTIVATION>
- To design a system for responding to DMCA Takedown Notices in a manner that is:
- - Transparent: Nothing goes unseen where legally permitted
- - Fair: Both content owners and our users will be treated fairly; since DMCA
- strongly favors the content owners, we emphasize our users' rights to balance
- the scales
- - Supportive of human rights: If automated and/or false DMCA requests are received,
- even if we mistakenly follow the process, nobody is immediately silenced and the
- entire community is alerted to the existence of the threat. In the case of header
- fraud to falsely file DMCA requests to silence someone (a form of cyber bullying)
- the IP addresses will be public so that, if we are fooled, it's public knowledge
- that we were fooled.
- </MOTIVATION>
- <PROCESS>
- 1. Someone sends a DMCA Takedown Notice
- 2. A new database entry in `dmca_takedowns` is created with the entire email
- (with full headers)
- 3. All infringing material are linked in the database to that takedown notice
- which adds a message saying "A DMCA Takedown notice has been filed for this
- [article/video/song/whatever]."
- 4. All "authors" of the content are notified of the DMCA request by internal
- message and by email of the DMCA Takedown Notice, which will include the
- phone numbers and email addresses for ACLU, NLG, et al. should they wish to
- file a counter-notice (which will also be public if sent to us, by adding
- an entry to `dmca_counternotice` which is linked to the notice ID)
- 5. A public index of pending (and resolved) DMCA Takedown Notices will be main-
- tained which include the full emails and all affected content
- 6. The maximum amount of time legally permitted (designated $lead) will elapse
- to allow the original authors ample time to organize a counter-notice
- 7. If no counter-notice is filed after $lead we will either amend or disable the
- public availability of the content. The `dmca_takedown` entry will be marked
- as "Taken Down"
- 8. If a counter-notice is filed, we will disable the content after $lead days
- and mark the `dmca_takedown` entry as "Counter-notice filed" to comply with
- [my understanding of the law], then wait 14 days for the filer to respond to
- file a lawsuit (during which time we will be in contact with the authors who
- filed counter-notice).
- 9. If after 14 days no lawsuit was filed, the takedown notice will be marked as
- "14 days expired without lawsuit" and the content will remain visible (but
- still be indexed on a separate page for "failed" DMCA Takedowns)
- 10. If we receive notification that a lawsuit has been filed, we disable access
- to the material and mark it as "Lawsuit Pending"
- <!--
- In total, I anticipate 3 pages consisting of 2 lists, 2 list, and 1 list
- respectively:
- 1. The front page will list:
- A. New DMCA Takedown Notices
- B. Counter-notice Filed
- 2. There will be a "taken down" page for the sake of transparency
- A. Successful takedowns
- B. Content disabled, pending the outcome of a lawsuit
- 3. There will be a "failed" page that lists unsuccessful takedown
- requests for the sake of transparency
- -->
- </PROCESS>
- <NOTE TYPE="Hypothetical requirements for this system that may or may not match the law">
- - Inform people looking to file DMCA requests that this information will be
- published and the content will be indexed publicly on the page with the
- contact information for DMCA requests (so they cannot claim ignorance or
- call foul at the publication) (?)
- - Inform DMCA requesters that if they wish to not have their takedown notice
- published or indexed, they should instead obtain a court order signed by a
- judge (?)
- - If a takedown notice isn't specific or doesn't use the correct language, a
- request for clarification or correct formatting will be sent and all emails
- exchanged will be included (unless a court order is provided) (?)
- </NOTE>
- <COMPLICATIONS>
- I. I do not know the time period $lead permitted by the DMCA before taking
- down content
- II. I do not know if it's legal to publish takedown notices, or what must be
- redacted from the publication
- III. I cannot afford to hire an attorney just to throw these ideas at and get
- legal advice, because I'm a broke college student :P
- </COMPLICATIONS>
- </DOCUMENT>
- <!--
- This is an idea I had for a website, and I'm no lawyer. If anyone could critique
- the idea, I would appreciate it.
- -->
Advertisement
Add Comment
Please, Sign In to add comment
Advertisement