Viacom’s claim wasn’t that YouTube was just turning a blind eye to users infringing copyright—it was that YouTube was offering filtering technology to its media partners that it wasn’t making available to companies who weren’t playing ball.
I think it is useful to document the historical record.
A primeval volcanic range in western India known as the Deccan Traps, which were once three times larger than France, began its main phase of eruptions roughly 250,000 years before the Cretaceous-Paleogene, or K-Pg, extinction event, the researchers report in the journal Science. For the next 750,000 years, the volcanoes unleashed more than 1.1 million cubic kilometers (264,000 cubic miles) of lava. The main phase of eruptions comprised about 80-90 percent of the total volume of the Deccan Traps’ lava flow and followed a substantially weaker first phase that began about 1 million years earlier.
The results support the idea that the Deccan Traps played a role in the K-Pg extinction, and challenge the dominant theory that a meteorite impact near present-day Chicxulub, Mexico, was the sole cause of the extinction. The researchers suggest that the Deccan Traps eruptions and the Chicxulub impact need to be considered together when studying and modeling the K-Pg extinction event.
The general public might not know it, but the only ones in the field of dinosaur research that have said the asteroid was the sole cause of the extinction have been planetary scientists.
At the same time, even this narrow limitation on ISPs’ immunity could have the salutary effect of requiring ISPs to respond to takedown notices by disabling DNS lookups of pirate sites through the ISPs’ own DNS servers, which is not currently a general practice. Importantly, the argument for such a requirement need not turn on the Communications Act, but can instead be based on the DMCA itself, which expressly limits ISPs’ immunity to each “separate and distinct” function that ISPs provide. See 17 U.S.C. 512(n). A reasonable argument can be made that DNS functionality is an “information location tool” as contemplated by DMCA Section 512(d) and, therefore, that ISPs are required, as a condition of the safe harbor, to cease connecting users to known infringing material through their own DNS servers. Should this argument hold – and we believe that it has a reasonable prospect of success – copyright owners could effectively require ISPs to implement a modest (albeit easily circumvented) form of DNS-based site blocking on the basis of only a takedown notice rather than litigation.In short, since DMCA takedown notices apply to "information location tools," but not to "transitory network communications," the MPAA would like to argue that just the DNS lookup functionality is an information location tool -- and can thus be censored with just a takedown notice. This is both really slimy (though brilliant in its nefariousness) and insanely dangerous for the internet and free speech . We see so many bogus DMCA takedowns of basic content today, and here the MPAA is looking to effectively, and sneakily expand that to whole sites by misrepresenting the law (badly).
To be sure, the argument is not guaranteed to succeed, as unlike a “pointer” or “hyperlink text,” DNS provides a user’s browser with specific information (IP routing information) that the user has requested by other means (alphanumeric internet addresses), as opposed to providing the user with an active interface allowing the user to request information online, as they might from a clickable page of search results. But at least in the literal sense, DNS appears to fit within the list of Section 512(d) functions and a reasonable argument can be made that DNS is more like a “directory” than the provision of “routing” and should be treated accordingly under the statute as a Section 512(d) function rather than a Section 512(a) function.Pushing this argument would raise many of the problems found with the original DNS-breaking proposal in PIPA/SOPA. It would raise even more serious questions about the First Amendment and prior restraint. Effectively, it would be moving the definition of "information location tool" down the stack, such that rather than requiring the removal of access to the specific infringing content, it would require removal of access to an entire site based on a single accusation of infringement. Someone uploaded an infringing video to YouTube? Under this interpretation, the MPAA can force Verizon to make YouTube disappear from the internet for all users relying on Verizon's DNS. The censorship implications are massive here, especially with no court proceeding at all. This wouldn't require anything in court -- just a single takedown notice, of which copyright holders send millions. Rather than sending all those notices to Google and getting them delisted from search, copyright holders could turn the firehose towards Verizon, AT&T and Comcast, and basically take down half the internet on their say so alone. Yes, sites could counternotice, but ISPs would have 10 business days in which they can keep sites off their DNS entirely.
The one day you'd sell your soul for something, souls are a glut.