As we draw near to the anniversary of the death and resurrection of Vridar, a time of commemoration and solemn reflection, I’ve been thinking again about how easy it was for us to get shut down, simply on suspicion of a DMCA violation. We’re hardly unique, of course; these takedowns keep happening, and they’ll continue to occur, because the law holds the poster of the content (i.e., us) and the agency hosting the content (i.e., WordPress.com) equally responsible.
You may have read earlier this year how AIDS-deniers tried to censor Myles Power (a warrior against pseudoscience) by getting Google to take down some YouTube videos that debunk their false claims. As Techdirt put it, “This is censorship in its purist form, and it’s using the law to get away with it.” True, Google did eventually restore the videos, but this disturbing series of incidents shows how malicious people can use the law to their own advantage without any fear of repercussion. Cory Doctorow at boingboing wrote:
The DMCA’s takedown procedures have no real penalty for abuse, so it is the perfect tool for would-be censors. What’s more, the entertainment companies — who are great fans of free speech when defending their right to sell products without censorship, but are quite unwilling the share the First Amendment they love so dearly with the rest of us — are pushing to make censorship even easier, arguing that nothing should be posted on Youtube (or, presumably, any other online forum) unless it has been vetted by a copyright lawyer.
I used to bristle at the idea of lumping copyrights and patents into the larger category of “intellectual property,” but that ship has sailed. And in a larger sense the intellectual property that modern corporations jealously guard, as evidenced by the DMCA, which forces content providers to act first and ask questions later, is in fact real property of the purest kind. Specifically, I’m talking about possessions to which legal entities (i.e. people or corporations) claim exclusive title and which generate wealth.