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RIAA Chief Says DMCA is “Largely Useless” to Combat Music Piracy
Cary Sherman, the chairman and CEO of the Recording Industry Association of America, has some choice words about the current state of US copyright law [arstechnica.com]. He says that under the Digital Millennium Copyright Act, rightsholders must play a game of whack-a-mole with Internet companies to get them to remove infringing content.
But that "never-ending game" has allowed piracy to run amok and has cheapened the legal demand for music. Sure, many Internet companies remove links under the DMCA's "notice-and-takedown" regime. But the DMCA grants these companies, such as Google, a so-called "safe harbor"—meaning companies only have to remove infringing content upon notice from rightsholders.
Sherman added:
Compounding the harm is that some major online music distributors are taking advantage of this flawed system. Record companies are presented with a Hobson’s choice: Accept below-market deals or play that game of whack-a-mole. The notice and takedown system—intended as a reasonable enforcement mechanism—has instead been subverted into a discount licensing system where copyright owners and artists are paid far less than their creativity is worth.
If the RIAA is tired of playing whack-a-mole, perhaps it's time for them to greet their new mole overlords.
