My problem with Scribd is that anyone can violate copyright on Scribd, but only the victim (the copyright owner) has standing to report it. On their copyright page, you can submit a DMCA takedown request, but the sample notice starts with "I am the exclusive rights holder/duly authorized representative of the exclusive rights holder". What if I'm neither, but I am a random web surfer who knows that Scribd certainly shouldn't be publishing a PDF of a recent NYT bestselling book?
If any Joe has the ability to use Scribd to violate copyright, then any Jane should be able to have it taken down if she has compelling evidence it's a violation.
Because "compelling evidence" can be easily fabricated. Just ask all the writers that have had their works expunged from the Internet because an ex-wife, ex-writing partner, or angry reader decided to claim copyright infringement in order to mess with them. It happens all the time.
The valid affidavit requirement in the DMCA is a strong deterrent to this kind of nefarious abuse.
Comments
My problem with Scribd is that anyone can violate copyright on Scribd, but only the victim (the copyright owner) has standing to report it. On their copyright page, you can submit a DMCA takedown request, but the sample notice starts with "I am the exclusive rights holder/duly authorized representative of the exclusive rights holder". What if I'm neither, but I am a random web surfer who knows that Scribd certainly shouldn't be publishing a PDF of a recent NYT bestselling book?
If any Joe has the ability to use Scribd to violate copyright, then any Jane should be able to have it taken down if she has compelling evidence it's a violation.
Because "compelling evidence" can be easily fabricated. Just ask all the writers that have had their works expunged from the Internet because an ex-wife, ex-writing partner, or angry reader decided to claim copyright infringement in order to mess with them. It happens all the time.
The valid affidavit requirement in the DMCA is a strong deterrent to this kind of nefarious abuse.