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Society & Culture
Virtual Legality Episode 344

Understanding DMCA Takedowns (amidst Twitch's Recent...Troubles)

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72 72 views
9m Oct 22, 2020
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The Digital Millennium Copyright Act (DMCA) is a cornerstone of the modern Internet, especially those particular corners of it that allow (or encourage!) the creation, uploading, and sharing of user generated content outside the platform owner's direct control.

But there are a great many misunderstandings and misconceptions about how the DMCA works with respect to these platforms; misconceptions that the platforms themselves are all too willing to exploit.

The most recent example being a set of "tonally challenged" messages which streaming service Twitch has delivered to its content creators, deleting their materials unilaterally and implying that such creators need to "educate themselves"...all while the platform itself obfuscated the requirements and operation of the very DMCA it was continuously referencing.

Safe Harbors are nice, but they aren't obligatory...in Virtual Legality.

#DMCA #Takedowns #Twitch


Discussed in this episode:

"Twitch streamers were issued tons of DMCA takedown notices today"
Polygon - October 20, 2020 - Nicole Carpenter
https://www.polygon.com/2020/10/20/21525587/twitch-dmca-takedown-notice-content

"It is INSANE that [Twitch] informs partners they deleted their content..."
Tweet - October 20, 2020 - Devin (@DevinNash)
https://twitter.com/DevinNash/status/1318621892933087234

"Last of Us Leak Legalities"
YouTube Playlist - Hoeg Law
https://www.youtube.com/playlist?list=PL1zDCgJzZUy-ULKii2yP9AY-Emo1_G8xN

"This content was identified and deleted for you..."
Tweet - October 20, 2020 - Twitch Support (@TwitchSupport)
https://twitter.com/TwitchSupport/status/1318624376649113600

"Is Streaming Among Us...Illegal? (VL332)"
YouTube Video - October 6, 2020 - Hoeg Law
https://youtu.be/sNRk_BV5rFg

"Nope. It’s just a safe harbor."
Tweet - October 20, 2020 - Richard Hoeg (@HoegLaw)
https://twitter.com/HoegLaw/status/1318695756082143232

"No option to counter-notice?"
Tweet - October 20, 2020 - LegalEagle (@LegalEagleDJ)
https://twitter.com/LegalEagleDJ/status/1318686242079461378

"Limitations on liability relating to material online"
17 USC 512 (the DMCA)
https://www.law.cornell.edu/uscode/text/17/512

"Contributory Infringement"
Cornell Law School Web Entry
https://www.law.cornell.edu/wex/contributory_infringement

Twitch "Terms of Service"
Updated October 14, 2020
https://www.twitch.tv/p/legal/terms-of-service/

"The worst kept secret in digital copyright..."
Tweet - October 20, 2020 - Richard Hoeg (@HoegLaw)
https://twitter.com/HoegLaw/status/1318675036056727554


"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).

CHECK OUT THE REST OF VIRTUAL LEGALITY HERE:
https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo

DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.


Blog: hoeglaw.wordpress.com
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DESIGN WORK
Joe Ellis (Logo Design)
Chris Leroux (Motion Graphics)
For more information: contact Chris at @Chrisleroux on Twitter.

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About Hoeg Law

The Hoeg Law Firm is a business law firm with big law experience and a small firm approach focusing on start-ups, technology, financing, and everything else a business might need.


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