Quote:
Originally Posted by ApK
As for anti-SLAPP legislation, that's great, but as above, it's a matter of determining who's rights are best served and what damage is prevented by making you stop doing something, or allowing you to continue it while the legal issues are sorted. What one party sees as a SLAPP, the other party might see as an honest and necessarily action to protect their interests.
I am. Now. Thanks to Wikipedia.  |
So really is it a problem to allow someone to respond to a takedown demand with an anti-slapp motion or some other motion before material is blocked? If you can't show cause in front of a judge what justifies a takedown at all?
What these laws are doing is giving an advantage to an unproven claim of monetary damages over free speech rights. Why should money trump speech all things being equal?
And once again I reject this notion people keep posting that SOMETHING MUST BE DONE. I'm afraid I don't see any urgency to try to force through badly abuseable censorious laws when media companies are making huge profits.
Now if you want a considered review of current laws, maybe a committee in both houses of congress who will sit down, and make recommendations about what needs to be repealed what needs to be changed what needs to be replaced, one that will take input from all concerned parties not just the MPAA and one who's members have no financial incentive to learn in any direction on copyright enforcement methods, that sounds like a fine idea. It sounds like a fine idea for all aspect of law. One year copyrights and patents, another year environmental regulation, another year trade policy and keep going, every year a group with no financial incentive sorting though the US code and updating it with the times.
But dammit anyone who makes sky is falling claims and doesn't back them is behaving as muck like a child as the people they're accusing of wrongs. There are other things at stake here and solving one problem is not an excuse to create an even larger one with the potential to harm far more people than the first is claimed to.