The DMCA gets its ass to Mars

Posted on Monday, August 6th 2012 at 8:36 p.m.

In the midst of the great technological achievement of the landing of the Curiosity rover on Mars, there was a more prosaic technological failure - NASA’s own original video was removed from YouTube due to a DMCA takedown request from Scripps Howard news.

NASA was able to get the video reinstated rather quickly owing to its status as a large content publisher.  Scripps Howard has issued an apology for the takedown, but the event illustrates the fact that the DMCA process as administered by YouTube vastly favors the claimant rather than defendant.  Many claimants have the ability to automatically take down videos without anyone at Google reviewing the request.  Perhaps this blocking of a taxpayer-funded endeavor by a private company may cause legislators to revisit the DMCA’s provisions to make it a more fair process.

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