When surfing the Internet, we often see the designation DMCA Protect on websites. The question immediately arises: what does it mean?
This designation is deciphered by the Digital Millennium Copyright Act, or copyright law - measures taken by the US Senate, since the company providing the information on the network wanted to protect its data from encroachment and plagiarism. At the same time, the document increased many times after its full development.
An increase in the number of users on the global network to hundreds of millions, and moreover, each user could safely and without any restrictions download this or that file without permission. This dealt a severe blow to the economies of the countries, since a fifth of it brought income to countries, and they were forced to seek a solution to this problem. In 1998, the US Senate for the first time adopted the act of rights, thereby saving the economic problem in their country.
The essence of the procedure can be briefly described as follows. The provider must immediately remove the disputed content after receiving a notice of elimination, notify the client of such a notice and restore the content after receiving a counter-notice from the client, under certain conditions. Having performed such actions, the provider is exempted from civil liability to the copyright holder (for posting content and for its subsequent restoration) and to the user (for deleting content). The copyright holder will be entitled to sue only to the user who posted the illegal content. At the same time, the provider can still be called to court if it raises the issue of identifying the person who originally uploaded the materials. If the provider does not recover the materials deleted by him after receiving a counter notification from the client, the latter has the right to demand compensation for damage to him. The rightholder himself may also be liable, sending an illegal notice of elimination, which entailed the removal of other people's materials. The DMCA does not provide any legal immunity to the user, even if he or she independently removes illegal content upon receipt of a notification.
Positive aspects of DMCA:
• employees are fully interested in providing reliable and legal information;
• the provider does not have a document confirming copyright;
• quick response to the consideration of a statement or notice that may arise in case of copyright infringement.
After this law was put into practice, administrators could no longer be held responsible for the actions of using their information; moreover, they couldn’t worry that someone wanted to earn money through their efforts. Thanks to the DMCA protection, copyright holders could earn by making deals with users who wanted to use their information. And it succeeded, because without the consent it was impossible to create any host.
The negative sides of DMCA:
• avoiding the law and remedies (for example, Anti-Piracy software);
• use of special devices for avoiding protective equipment.
• criminal liability.
Of the negative sides of this document, there are a huge number of reports from DMCA that mention copyright infringement in global search engines. Most of them are implausible, but the reaction should still follow. It also provides inconvenience to organizations; moreover, no one will receive any punishment for providing incorrect information, as they have not yet thought out a measure of responsibility. The limits on the use of information have not yet been established, but penalties have been established that contain criminal liability with a restriction of liberty of up to ten years. As a result, global legislation equated network information with intellectual property, which cannot be such and can harm society. Another negative point is that many Internet hosting companies try to free themselves from responsibility by contacting special zones. Create servers in other countries and distribute in other countries that are more lenient to this problem.