Re:Google removed my ads-free app for “deceptive ads”
by dragonwriter on Monday March 25, 2019 @10:51PM
(#19488890)
> The DMCA outsourced due process for copyright infringement.
No, it didn't. What it did was protect online service providers from liability for either hosting or removing allegedly infringing content if they took certain action when notified of potential problems from either side (to the extent the results seem asymmetrical, it's because the pre-existing legal risk was asymmetrical.)
> SOSTA did it for illegal advertising
SESTA/FOSTA was kind of the opposite of DMCA; instead of creating a safe harbor that protected firms from existential risks that were starting to drive them out of hosting user content, it creates new holes on an existing safe harbor and drove providers out of carrying broad categories of user content around the area legally targetted.
Re:Google removed my ads-free app for “deceptive ads”
by cdf2theworld on Tuesday March 26, 2019 @02:58AM
(#19489768)
Regarding the DMCA, I think you need to insert the word "intended" in there, in order to make it a try statement. The DMCA was intended to provide those protections... It has become a channel for baseless abuse.
Re:Google removed my ads-free app for “deceptive ads”
by eridius on Tuesday March 26, 2019 @03:05AM
(#19489787)
Most of the "baseless abuse" actually isn't DMCA, it's abuse of systems that services like YouTube set up to make it easy for copyright holders to submit takedowns without going through DMCA.
The DMCA outsourced due process for copyright infringement.
SOSTA did it for illegal advertising (really, for policing morals, in general, but even the title of the bill agrees it was outsourcing sex trafficking law enforcement to private entities).
The CLOUD act did it for illegal domestic searches and also foreign espionage.
Caveat emptor — the big internet companies that lobbied so hard for these bills (or built businesses on them) got some short term platform lock-in, but they also guaranteed that their business models would be morally reprehensible moving forward.
We’re starting to see the fall out with Facebook, but they are not the only bad actor in this space.