Signed into law nearly twenty years ago, the DMCA is one of the best known pieces of Internet related legislation.
The law provides a safe harbor for Internet services, shielding them from copyright infringement liability as long as they process takedown notices and deal with repeat infringers.
In recent years, however, various parties have complained about shortcomings and abuse of the system. On the one hand, rightsholders believe that the law doesn’t do enough to protect creators, while the opposing side warns of increased censorship and abuse.
This week a new round of comments was submitted, including a detailed response from a coalition of music industry groups such as the RIAA, National Music Publishers’ Association, and SoundExchange. When it comes to their views of the DMCA the music groups are very clear: It’s failing.
The music groups note that they are currently required to police the entire Internet in search of infringing links and files, which they then have to take down one at a time. This doesn’t work, they argue.
They say that the present situation forces rightsholders to participate in a never-ending whack-a-mole game which doesn’t fix the underlying problem. Instead, it results in a “frustrating, burdensome and ultimately ineffective takedown process.”
“…as numerous copyright owners point out in their comments, the notice and takedown system as currently configured results in an endless game of whack-a-mole, with infringing content that is removed from a site one moment reposted to the same site and other sites moments later, to be repeated ad infinitem.”
Instead of leaving all the work up to copyright holders, the music groups want Internet services to filter out and block infringing content proactively. With the use of automated hash filtering tools, for example.
“One possible solution to this problem would be to require that, once a service provider receives a takedown notice with respect to a given work, the service provider use automated content identification technology to prevent the same work from being uploaded in the future,” the groups write.
“Automated content identification technologies are one important type of standard technical measure that should be adopted across the industry, and at a minimum by service providers who give the public access to large amounts of works uploaded by users.”
These anti-piracy filters are already in use by some companies and are relatively cheap to implement, even for relatively smaller services, the music groups note.
The whack-a-mole problem doesn’t only apply to hosting providers but also to search engines, the music groups complain.
While companies such as Google remove links to infringing material upon request, these links often reappear under a different URL. At the same time, pirate sites often appear before legitimate services in search results. A fix for this problem would be to stop indexing known pirate sites completely.
“One possible solution would be to require search engines to de-index structurally infringing sites that are the subject of a large number of takedown notices,” the groups recommend.
Ideally, they want copyright holders and Internet services to reach a voluntary agreement on how to filter pirated content. This could be similar to YouTube’s Content-ID system, or the hash filtering mechanisms Dropbox and Google Drive employ, for example.
If service providers are not interested in helping out, however, the music industry says new legislation might be needed to give them a push.
“The Music Community stands ready to work with service providers and other copyright owners on the development and implementation of standard technical measures and voluntary measures. However, to the extent such measures are not forthcoming, legislative solutions will be necessary to restore the balance Congress intended,” the recommendation reads.
Interestingly, this collaborative stance doesn’t appear to apply to all parties. File-hosting service 4Shared previously informed TorrentFreak that several prominent music groups have shown little interest in their voluntary piracy fingerprint tool.
The notion of piracy filters isn’t new. A few months ago the European Commission released its proposal to modernize the EU’s copyright law, under which online services will also be required to install mandatory piracy filters.
Whether the U.S. Government will follow suit has yet to be seen. In any case, rightsholders are likely to keep lobbying for change until they see significant improvements.
The full submission of the music groups is available here (pdf).