DMCA Hurts Copyright Holders, Too 47
adam613 writes: "Further proof that the DMCA is designed to protect corporations rather than copyright holders: ZDNet is reporting that an author who published e-books that an AOL user posted on Usenet can not hold AOL legally responsible. While AOL is an ISP and ISPs can not feasibly censor their users, AOL is also a content provider, just like Napster. In the end, the copyright holder who the DMCA is supposed to protect got screwed. Things could start to get interesting here...any lawyers ready to make judges start scratching their heads?"
Because AOL is an ISP (Score:4, Insightful)
Yes, the DMCA sucks huge amounts of ass. Yes, the DMCA was designed to protect big content providers and not copyright holders. Yes, AOL is a big (evil?) corporation.
BUT, one of the few sane aspects of the DMCA is that it doesn't hold ISPs liable if they remove infringing material. This allows ISPs to react to claims in a reasonable manner (note, that doesn't guarantee they will, it only enables them to). If ISPs could be held liable for everything their users did, how long before AOL and others began enforcing even more draconian restrictions preempting their users' behaviors...
The DMCA sucks, is evil, etc... But this provision isn't the reason.
Political Ignorance (Score:2, Insightful)
Re:This has to be good... (Score:4, Insightful)
This case might make industry think twice about the DMCA if the copyright work in question were owned by, say, Bertelsmann [bertelsmann.com] or another AOL-Time-Warner [aoltimewarner.com] competitor. But as the suit was brought by some puny individual (no offense, Mr. Ellison [harlanellison.com], but you're not a mega-media conglomerate) and the Right [riaa.org] Side [mpaa.org] won, this won't change the opinions of Anyone [house.gov] That [ftc.gov] Matters [senate.gov].
Re:Because AOL is an ISP (Score:1, Insightful)
The guy sued AOL for having USENET servers that happened to have some illegal content passed through them. USENET relies on *everyone* passing on articles, or it breaks down.
AOL *should not* be liable for this any more than the phone company should when you send pirated music over your phone line.
I have a really hard time working up any anger at the DMCA for doing this. I'd be pissed if it didn't.
We don't want it both ways. (Score:4, Insightful)