Comment Re:On this 4th of July... (Score 1) 349
DMCA takedown provisions made it so that anybody -- almost ANYBODY -- can "claim" a copyright infringement without ANY evidence, and force other people to remove their "speech" from public view, until they give evidence that it's NOT infringing.
No evidence is needed to provide a counter-notice.
The only reason there's a hold-down time after the counter-notice is to give the (supposed) copyright holder time to file a court case before it's back up.
It's innocent until proven guilty. The person is presumed innocent. The content is blocked until any disputes are settled, as making it available would cause an irrecoverable loss if the copyright holder is right. It's actually pretty sensible, though wasn't intended to have millions of automated take downs issued by non-holders of copyright who claim a 90% miss rate is "good faith". Change the way that's applied against the take-down issuers, and the problems mostly go away.