> that Microsoft/Github pulled youtube-dl offline by choosing to respond to a DMCA takedown order that is not procedurally valid.... The fact that Microsoft didn't tell the RIAA to go Disney themselves means that 100% of the blame lies at Microsoft's feet. No exceptions.
What you said is clearly correct, but I don't think it's reasonable to expect any company to insert themselves in the middle of these disputes. At scale it's impossible.
Imagine you run a forum with millions of members and tens of thousands of posts per day. You get a stack of DMCA takedown requests every day. Do you think it's feasible for you to scrutinize each and every one, and take a moral stand on those you deem 'not procedurally valid' ? How much do you think that might cost? What happens when you call one wrong and the law comes to YOU?
For anything to really change, it's clear someone will have to go after the RIAA.. (EFF maybe?)
Given the number of fraudulent DMCA takedowns that are created by bots and malicious actors, they absolutely have to be individually examined by competent legal counsel.
At one point Microsoft was issuing DMCA takedowns against (then) openOffice.org mirrors, allegedly on the grounds that any large file with a name that contained the word 'office' must be a 'pirated' version of MS Office. Taking these takedowns at face value would have ended the openOffice.org project and absolutely could not have been respected in good faith.
These kind of abuses are ongoing from multiple parties, including bots, copyright trolls, and crazed ideologues who file completely fraudulent DMCA takedowns to force anonymous personalities to disclose their identities. There is no alternative but to consider DMCA takedowns on legal merits because so many of them have no merits whatsoever.
Having the funding to do this 'at scale' is just as much a cost of doing business as paying for power and connectivity. If hosting platforms don't want to do this, then they should purchase an amendment to the DMCA to impose criminal sanctions on entities that serve fraudulent DMCA takedowns.
What you said is clearly correct, but I don't think it's reasonable to expect any company to insert themselves in the middle of these disputes. At scale it's impossible.
Imagine you run a forum with millions of members and tens of thousands of posts per day. You get a stack of DMCA takedown requests every day. Do you think it's feasible for you to scrutinize each and every one, and take a moral stand on those you deem 'not procedurally valid' ? How much do you think that might cost? What happens when you call one wrong and the law comes to YOU?
For anything to really change, it's clear someone will have to go after the RIAA.. (EFF maybe?)