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Techdirt: Fair Use Continues To Pay The Price For YouTube's Direct Takedown Deal With Universal Music Group
2014-07-14 2:31pm -07:00T Visit Techdirt


Outtake:

… And so, undeterred by technological advancements they both feared and misunderstood, the major labels continued their quest to "disrupt" fair use and further dwindle into irrelevance. [If you feel you're missing the first half of that sentence, these two posts will help you out.]

As noted recently, Soundcloud has given Universal Music Group the power to directly take down content, bypassing the site's internal takedown process as well as the few remedies it offers users who wish to dispute deletions. YouTube has also given UMG this same level of access, again bypassing the normal notice and takedown system.

While sites may claim (as Soundcloud did) that they need to give powerful rights holders direct access in order to comply with the DMCA, this simply isn't true. Utilizing the normal notice-and-takedown system would be more than adequate. The only thing giving a label direct access does is increase the amount of abuse.

It's long been noted that the DMCA takedown process tends to encourage rights holders to disregard fair use and fire off notices. The toothless "perjury" language included at...

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