I agree that hosts can improve their response. However, that would require a great deal of social adjustment on the part of the public’s expectations of hosts as well as incentives for the host to comply (whether it’s competition, good will, etc.). However, I don’t believe that affecting the behaviors of host will fully address concerns with the DMCA.

One of my biggest problems with the DMCA’s notice-and-takedown procedure is that to properly utilize the built in safeguards, you almost always require an attorney.

Even the attorney you cite notes that even when hosts do notify their client that their work will be removed, the client’s recourse is to get their attorney to file an injunction to stop the removal.

I’d personally be uncomfortable even starting the counter-notification process without an attorney, even though I have several examples and have gone over the law a few times. ^_^;

I don’t think that access to an attorney is a good qualification for protection of free speech, particularly for many individuals who can’t afford one. At any rate, in my humble opinion the DMCA doesn’t work as intended. It works well for some groups, but I don’t believe it serves the public good in the manner it should. Of course, I also think we need more research on these subjects…

I agree that hosts can improve their response. However, that would require a great deal of social adjustment on the part of the public's expectations of hosts as well as incentives for the host to comply (whether it's competition, good will, etc.). However, I don't believe that affecting the behaviors of host will fully address concerns with the DMCA.

One of my biggest problems with the DMCA's notice-and-takedown procedure is that to properly utilize the built in safeguards, you almost always require an attorney.

Even the attorney you cite notes that even when hosts do notify their client that their work will be removed, the client's recourse is to get their attorney to file an injunction to stop the removal.

I'd personally be uncomfortable even starting the counter-notification process without an attorney, even though I have several examples and have gone over the law a few times. ^_^;

I don't think that access to an attorney is a good qualification for protection of free speech, particularly for many individuals who can't afford one. At any rate, in my humble opinion the DMCA doesn't work as intended. It works well for some groups, but I don't believe it serves the public good in the manner it should. Of course, I also think we need more research on these subjects…