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. 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 -j On Tue, Jul 16, 2013 at 12:47 PM, <riptidetemp...@tormail.org> wrote: > Hello, I'm @RiptideTempora on Twitter. My background is in web > development. The other day I postulated a system for handling DMCA > takedown notices on an individual website level that would tip the scales > in favor of the users (whom are, as far as I can tell, currently shafted > by the current iterations of U.S. legislation). > > The full text can be found here: http://pastebin.com/0uG85vna > > The process would go something like this: > > 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 > > I'd like to know if such a system would be legally viable or if it would > incur additional risks for a website that implemented such a system; and > further, what adjustments could be made to make this design more robust > under the current legal and political climates around copyright law? > > Thank you for your time, > ~RT > > -- > Too many emails? Unsubscribe, change to digest, or change password by > emailing moderator at compa...@stanford.edu or changing your settings at > https://mailman.stanford.edu/mailman/listinfo/liberationtech >
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