Followed, of course, by a file sharing service set up on tribal land.
If they can carve out an exemption for casinos, why not copyright? (I am not a lawyer, and am not interested in hearing about why this could or couldn't be done... I'm just fantasizing)
Federal laws, such as copyright, drugs, etc still apply.
Edit: here's a snopes article regarding "poor man's copyright" with a few links to sources/more information: http://www.snopes.com/legal/postmark.asp
But an envelope could be circumvented easily.. Mail yourself an unopen envelope, then put whatever you want inside it later and seal it?
https://en.wikipedia.org/wiki/ENotary
Electronic notarization is a process whereby a notary affixes an electronic signature and notary seal using a secure Public key to an electronic document (such as a PDF or Word document). Once affixed to the electronic document, the document is rendered tamper evident such that unauthorized attempts to alter the document will be evident to relying parties.[1] The e-notary will use cryptography and Public key infrastructure to create, manage, distribute, use, store, and revoke the digital certificate. The Electronic Notary also must keep an electronic register of each act performed.
And in the case above you'd have to sue the party claiming to have copyright on your creation but that's optional.
But if somebody sent a take-down request for my work, and it happened because they had sent a million take-down requests to everything on the internet matching a string search, then I would begrudge them and seek to penalize them. They would have done so KNOWING that a huge percentage of them would be wrong, but deeming it acceptable since it's no cost to them.
The Bitcoin block chain might fit this need. There are already multiple[1] services[2] out there[3] doing block chain notary.
[1] http://www.proofofexistence.com/
A) North America has no indigenous people. B) The people who did live here when the Europeans arrived did have ownership and private property. Sometimes owned by families and sometimes by tribes. And anyone who has even a basic high school education should be aware of the fact that there were Native American nations who controlled and owned territory and would exclude other nations from land use, hunting rights, fishing, etc.
https://en.m.wikipedia.org/wiki/Indigenous_peoples_of_the_Am...
https://en.wiktionary.org/wiki/indigenous
Thought I suppose it depends on if you want the word to mean what it means or if you want to use it for some other meaning.
If DMCA claims were expensive, companies would bother requesting takedown for the most profitable movies/albums/games only and they wouldn't go on autopilot, claiming whatever they think might infringe their copyrights. But then the garage bands and individual artists/musicians would be left out of the game completely, they couldn't use DMCA to take down their music.
On the other hand, how do you prove you are the author unless you have lots of money for lawyers? If you say "I composed this song at home, and published it under CC licensing" and MAFIAA say they represent the copyright holder, is it not clear who owns what?
If there was a digital notary service where you could digitally sign and timestamp a file, that might help a bit. But the downside is that people could take public domain works or someone's un-notarized works, claim ownership, have it stamped and they would begin to hold a stronger position pretending to be the author.
I think this is somehow similar to how indigenous people wondered how the white man could possibly think of owning forests, rivers, and land. They considered Earth unownable, not belonging to anyone but rather people belonging to the Earth. Similarly, natives to the digital world wonder how somebody could possibly think of owning bits, numbers, and copyable files.