US Copyright Office Finds 'Deep Disagreement' on Anti-Piracy Measures

The U.S. Copyright Office has completed its public consultations on the use of technical measures to identify and protect copyrighted content online. From a report: For many years, U.S. lawmakers have considered options to update the DMCA so it can more effectively deal with today's online copyright issues. Many proposals have come and gone, without resulting in any significant updates. Calls to change current legislation persist, however. Following repeated nudges from Senators Thom Tillis and Patrick Leahy, the Copyright Office launched a consultation on automated tools that online services can use to ensure that pirated content is less easily shared. The Copyright Office also asked stakeholders whether it's desirable to make certain standard technical measures mandatory for online platforms. Such measures could include upload filters to block pirated content from being reuploaded. This month the Copyright Office presents its conclusions, which are also shared with Senators Tillis and Leahy in two letters. After reviewing thousands of responses and input from stakeholders in plenary sessions, the overall conclusion is one of clear disagreement. Most parties agree that it's impossible to design an error-free takedown process but disagree on what error rate is acceptable when takedowns are automated. Opponents of filtering technology warn that fair use and First Amendment rights are at stake. Rightsholders did not dispute that but noted that these issues don't play a role when full copies of copyrighted content are shared. When it comes to the implementation of voluntary measures, the Copyright Office doesn't have any concrete suggestions. Instead, it will continue to back existing initiatives, while facilitating dialogue between various stakeholders. "The public comments and the consultations confirmed that there cannot be a one-size-fits-all approach to voluntary technical measures, and that there remains a lack of consensus in this area," the Office writes. "Nevertheless, the consultations served as valuable opportunities for dialogue among stakeholders, which may lead to further voluntary action. The Copyright Office proposed options to continue its role as convener of these conversations in the future."

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