Re:NRA complaint takes down Surge's 38,000 websites
by Pyxl101 on Thursday June 30, 2016 @03:55PM
(#12011195)
> 5 days seems to be ample amount of time.
Ample amount of time for what? The underlying problem is that DigitalOcean should not be arbitrating trademark disputes between companies. They're not competent to decide who is right and who is wrong. They should not suspend someone's content purely because someone claims to be the owner of a trademark, and claims some content is infringing. (Unless we're talking about obvious abuse, intentional malice, etc.)
What exactly is the recourse for the site owner if the claims are unreasonable or outright wrong? With the DMCA, there is a clear process: the site owner can submit a counter-claim, and the content stays up. What should properly happen at that point is the rights-owner can take the site-owner to court to pursue their claim. Instead, DigitalOcean acted as judge, jury, and executioner on behalf of the NRA, taking down content outside any established DMCA-like process, and without leaving Surge any recourse to keep it up.
Ample amount of time for what? The underlying problem is that DigitalOcean should not be arbitrating trademark disputes between companies. They're not competent to decide who is right and who is wrong. They should not suspend someone's content purely because someone claims to be the owner of a trademark, and claims some content is infringing. (Unless we're talking about obvious abuse, intentional malice, etc.)
What exactly is the recourse for the site owner if the claims are unreasonable or outright wrong? With the DMCA, there is a clear process: the site owner can submit a counter-claim, and the content stays up. What should properly happen at that point is the rights-owner can take the site-owner to court to pursue their claim. Instead, DigitalOcean acted as judge, jury, and executioner on behalf of the NRA, taking down content outside any established DMCA-like process, and without leaving Surge any recourse to keep it up.