An idea on how to combat DMCA abuse

[theninjasoulreaper]

I am starting this thread to propose an idea as to how we can send a message to those that would use the DMCA as a method of censorship that we will not take it lying down. Post your questions, comments, and suggestions regarding this issue and I will attempt to address them as I have time.

 

[theninjasoulreaper]

I have been coming across some confusion with what I propose and what has been proposed by answersinbooks. What I am proposing would permit users served with a DMCA the means by which they can go beyond simply sending in a counter notice. This would give those who couldn't otherwise afford it, or get it from their subscribers, the means by which they can take a person to court for filing a false DMCA. In other words, it would allow for people served with a maliciously filed DMCA to go beyond filing a counter claim and allow for a person to secure an attorney to sue for the damages entitled under the DMCA. Those brave enough to actually give their personal details in a DMCA counter notice run into problems if they are sued, or decide to sue/counter-sue. The problem lies with putting up the money to collect damages or defend oneself in court. While I am certain that this would be what organizations like the ACLU and the EFF are for, some people who do this need to be put in their place. By going after such individuals/organizations that abuse the DMCA, we can send a message that free speech will not be stifled.

Again, this is not perfect and can be improved. I am also aware that this effort may be all for naught, but the only other option is to bombard and already overworked Congress to change or scrap the DMCA. I am certain that the former proposal has a better chance of success than the later. I leave you to either give this idea consideration or apathy, it's really up to you.

Take care guys