Private Ordering I Suppose: MySpace and New Copyright Software

CNET reports that MySpace is using Audible Magic’s software to support a new copyright program. The program is called Take Down Stay Down. Now when a copyright holder claims that material infringes and the material is removed, software will prevent reposting. According the article Google’s YouTube is pursuing a program called Claim Your Content that will also automate takedowns. As Corynne McSherry notes the idea that a counter-notice to the poster would be proper seems to be lost as the human factor is removed.

Frank’s nod to the UC Davis symposium especially the section on Copyright, Creativity, and Catalogs offers some views on the general nature of the fluidity of using copyrighted material to create (Check Merges essay for a view that though mash-ups have great potential, copyright law should not change in a deep way to accommodate remix culture). In addition Frischmann and Lemley’s piece on Spillovers seems to apply here at least in its point that it is difficult to know when one may be “trespassing” on someone’s IP right and that alone can bayan escort impact if not staunch the flow of positive externalities which they call spillovers. Thus, regardless of one’s view of mash-ups and the like, apparently now an admittedly difficult question is automated with the copyright claimant able to dictate what is or is not infringing. Though the article notes that the system will likely be hacked, relying on hacks to prevent over-eager takedown claims is unsatisfying. If nothing else it could open new claims against those who hack the programs. Last, I wonder whether IP holders will now say that because this policing type of software is available and companies that previously said such policing was not mersin escort possible are now doing so, any site that fails to use such software is somehow violating the law. I won’t be surprised if that argument comes around the corner.

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