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  1. #1
    I don't want this to be a discussion of business models and how they need to evolve. I don't want this to be a discussion on whether or not online piracy is moral.

  2. #2

    Copyright Law is Unenforceable Online

    I want us to all just take in the fact that copyright law is completely unenforceable online. Copyright holders are given the shield of DMCA, which is a truly worthless shield indeed. Try DMCAing the pirate bay or any other torrent site and see how far you get. DMCA offers no real protection where it is needed the most, and is completely ineffective 95% of the time.

  3. #3
    So, the question is: will copyright law ever be enforceable online? If your answer is yes, how do you envision copyright holders protecting their content? If your answer is no, what do you think the consequences will be, for content producers and consumers?

  4. #4
    First, I think that copyright is not completely unenforceable online. Quite the opposite, the MPAA and RIAA and many porn companies have used online copyright enforcement as a business model for some time now. The Pirate Bay is also an example of enforcement: the kids went to jail and TPB is a shell of what it used to be. Look at the ridiculous speed with which Usenet postings og ‘d material are DMCA’d. Look at Jamie Thomas-Rassen (sp?). By all accounts, online piracy of music is at a 10 year low right now.

  5. #5
    Though, as you say, the DMCA is not perfect, it has been used to enforce copyright pretty effectively, and in some cases over-zealously. Take for example Buffy vs Edward. A “mashup” created by a community college teacher to contrast the way the two movies treat women. The video was cited by the US copyright office/library of congress as a perfect example of fair use/parody etc. Yet it was taken down under the DMCA:

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