I dont like this, we have this e.g. happening with youtube, where by copyright holders are allowed to flag videos for automatic removal without a court validating their claims of copyright infringement, there should be a court in the process to validate the claims, but the copyright holders want to bypass legal process and have things filtered just on their say so of it been infringement.
Isn’t that just similar to DMCA takedown process, as it implemented in US jurisdictions for some years now?
My understanding of the process... A DMCA takedown notice is easy to file, but involves more than just “flagging” the content, it is a formal legal document, which requires a sworn statement of truth. Lying on such a statement is a US Federal criminal offence with severe penalties.
I also understand... that the “accused” can just as easily defend his material with a counter notice, if he chooses to do so. And if he does so the complainer can be in quite big trouble, as that is the point at which the courts may get involved. If the complainant still wishes to pursue the accusation then he/she has to go to court, with obvious repercussions for lawyers and court fees. If the complainant simply backs down, either because they lied or they are afraid of court costs, the accused may be able to sue for damages. People who issue DMCA takedowns really do need to be careful, and they need to be right.
Don’t regard above as an accurate legal summary of DMCA, emphasise I am no expert and that is just my layman’s understanding. But whilst I don’t usually welcome EU legislation, a European equivalent of DMCA takedown would in my view not be a bad thing at all.