Hater Depot wrote:sliderider wrote:leileilol wrote:Sadly it's been further inundated. There's 60 russian warez compilation cds now.
Somebody should get them removed ASAP
And this shows the fatal weakness of DMCA in that it requires that the copyright holder be the one to make a complaint before a takedown notice can be issued. That is why the abandonware sites are still around, because they know that not every copyright holder is going to come forward and make a complaint. If one does, they're like "Meh, so we have to delete one file, we still have hundreds of others". It shouldn't require hundreds of complaints against a warez site owner to get the site pulled. One should be all it takes. They should change it so that anyone can make a complaint about copyrighted material being illegally distributed. I would personally have every abandonware site on the internet taken down if that were to happen.
As a lawyer, disagree. This would allow you to assert rights that you don't have, possibly against what the actual rightsholders want. The copyright holders are the only ones with the right to decide what happens to their properties, and if they choose to indulge or ignore certain violations, that is also their right.
Imagine if we allowed this in other areas of the law -- perhaps I don't care that my neighbor's tree hangs over my yard even though it constitutes trespass. Why should the person across the street, or anywhere else, be able to force my neighbor to cut the tree?
Except that it is already allowed. Local police and the federal authorities have been relying on tipsters to point them in the direction of criminal activity or to gather information since this country was founded. Why can I point my local police in the direction of a crack house or the location of a murder suspect but not a copyright violator? According to you, the tipster has no business getting involved so the authorities should not be allowed to use their information, right?
Oh, and when the price I pay for software goes up due to the cost of combating piracy, then I do have a say in the matter. I have every right to call the authorities just like I have every right to notify a store employee if I see a shoplifter. Then you have the issue that if someone has knowledge of a crime that is being committed, they have no right to withhold that information from the authorities. If a copyright holder witnesses an unrelated crime, you can't say they have the option of withholding information from the authorities so where do they get the right to withhold information from the authorities about a copyright violation if they witness it?
I also fail to see a distinction between if I report my next door neighbor for running a bootlegging operation out of his basement and an abandonware site. The authorities will respond to my call and investigate the pirate next door even though he's not copying anything I own, so why wouldn't they investigate a website on the same charge?