Florida Joker is in the news again, this time demanding to speak with Rockstar Games, or to be given $1-2 million over his likeness in GTA 6.
Florida Joker is in the news again, this time demanding to speak with Rockstar Games, or to be given $1-2 million over his likeness in GTA 6.
Nobody is using DMCA requests on YouTube, your biggest example. YouTube has an easier process entirely unrelated to the DMCA.
Right, and that exists as a direct reaction to the DMCA. YouTube didn’t want to deal with the legal process of a DMCA takedown, so they provided a process to shortcut that. Unless I’m mistaken, without the DMCA, lawyers would need to go after content creators, not hosts, to get infringing content removed, so YouTube would not feel the need to automate the process as it has.
That’s what I mean about the DMCA essentially causing this setup. It’s the same idea as a cease and desist scaring people into complying even when they’re within the bounds of fair use, except the host has little if any reason to resist spurious claims. If lawyers can go after hosts, hosts will protect themselves to avoid legal fights.
Without the DMCA safe harbor provision, they’d be directly liable for content uploaded by users. Taking stuff down wouldn’t protect them.