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As We Complain About SOPA & PIPA, Don't Forget The DMCA Already Has Significant Problems (Techdirt)
A number of folks on both sides of the SOPA/PIPA debates have noted the
seeming "irony" that the anti-SOPA/PIPA folks keep pointing to the DMCA and
complaining about how SOPA/PIPA will undermine the DMCA. After all, many in
the tech industry were quite worried about the DMCA when it first showed up
and have continued to complain about it for years. Supporters of SOPA/PIPA
point this out mockingly, as if to suggest that the anti-SOPA/PIPA folks are
somehow being hypocritical (or doing a "sky is falling" routine). The anti-
SOPA/PIPA folks point out how unfortunate it is that entertainment industry
lobbyists are pushing so hard on the lever that we're forced to "defend" the
DMCA.
Of course, the reality is a little more nuanced, and not nearly so black and
white. When the anti-SOPA/PIPA folks "defend the DMCA," they're actually just
defending one small part of it: the safe harbors. Those safe harbors were
_only_ put into the DMCA after lots of folks raised hell about the initial
proposals, which would have included all of the draconian parts of the DMCA...
without those important safe harbors. The safe harbors were added to try to
make sure ...
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