In today's Security Focus article by Mark Rasch, it is revealed that Takedown Notices served under the hated DMCA are increasingly being generated by automated systems, or "Lawyerbots".
The article, although written in a light-hearted style, carries a sinister message. Lawyerbots abound. They trawl the internet on the behalf of copyright owners, searching for any potential infringement, and they issue Takedown Notices whenever they find one.
The problems are obvious. They don't always get it right. They don't stop until the perceived infringement disappears (remember the Terminator?). If it comes back, so do they. They create all the correct legal language, complete with dire threats, which can prompt an ISP into taking action out of proportion to the real issue.
The DMCA is very clear on Takedown Notices. The ISP has to notify the alleged content owner of the notice, and if no response is received by a certain time, the content must be removed. Some ISPs will remove the content immediately to avoid problems, awaiting a complaint or explanation from the person responsible. Suspending that person's account is common.
Naturally, the Lawyerbots don't need wages, they don't get tired and they don't go home at night. It is trivial to set one up and sit back while it generates thousands of Takedown Notices.
What usually happens when litigation is threatened by a big company in the US? Joe Public can't afford to pursue true justice, so he packs up and gives in to the lawyers. Once again innovation and creativity are stifled by a law which has gone way beyond its original intent.
As for OSx86, you can be certain that Apple is not in the dark about Lawyerbot technology. To date their Takedown Notices have apparently originated from real men and women in real offices, but who can be certain?
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