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essene_backup: (bloody stumps)
[personal profile] essene_backup
Yet another example of why I am not renewing my paid account:

http://morgandawn.livejournal.com/776559.html

It's just mind boggling. I've been following the saga on the journal of the person who was issued the take-down order and really? It's just asinine.

Basically, anyone can file a DMAC claim against you because LJ won't really validate who they are so as to remain "objective" and avoid liability and if you want to fight it? YOU have to provide all your personal information in the counterclaim to who ever filed the DMAC against you. But you? You never get to see their information because...wait for it...LJ says their information is protected through LJ's privacy policy.

WHA? *flappy hands*

The internet is too much of a freaking mess without LJ helping those who are possibly trolling for private information.

Fuck LJ.

Date: 2007-11-03 01:11 am (UTC)
ext_1720: two kittens with a heart between them (house oops)
From: [identity profile] ladycat777.livejournal.com
Basically, anyone can file a DMAC claim against you because LJ won't really validate who they are so as to remain "objective" and avoid liability

Okay, two separate issues.

Someone has filed a claim against X. The do so through LJ, as it was on LJ. LJ notifies person, tells them what's up, how to fix it, how to counter-claim it.

There is not 'because of LJ' in that statement. It could be wordpress, or IJ, or any other ISP out there.

The problem is not that the claim was filed. The problem is that LJ is, for reasons no one has yet to uncover, not giving the name of who filed the claim. That's it. And that only way to get that information, supposedly, is that X must provide *her* information -- which the accuser may or may not already have, I dunno -- in order to get who her accuser is through LJ.

There are ways around this. All of them suck and involve lawyers. Unfortunately, dealing with claims of this nature pretty much suck and involve lawyers.

It's ridiculous. What LJ is doing is problematic in regards to its privacy policy.

That has nothing to do with the DMCA claim itself, however.

Date: 2007-11-03 06:29 am (UTC)
From: [identity profile] slackerace.livejournal.com
I just turned off my automatic payment. My paid journal expires on November 23 (my extra pics expire November 10).

Date: 2007-11-04 12:02 am (UTC)
From: [identity profile] essene.livejournal.com
IMO it does have to do with the DMCA claim as 70% of them are inaccurately filed and it is fundamentally up to the service provider to assess they are accurate before acting on them--they're not supposed to comply with a take-down unless the claimant fulfills a VERY specific set of guidelines.

The post that X had taken down was a song title meme. Odds are? A webcrawler did the search, came across her list, and some idgit somewhere didn't complete due process and see if there was actual violated content contained in the post (rather than mere song titles) and sent of the DMCA because big corporation pays them to do so; valid or not.

The major problem with DMCA is that you have to prove your innocence AFTER being declared guilty. So yes, fundamentally, my issue is with DMCA, but it's also with LJ for perpetrating stupidity and not serving their customer base once again.

Um. Sorry. For some reason this situation has just made me all nutso. I'm gonna go eat some chocolate and see if that helps. *sigh*

Date: 2007-11-04 12:04 am (UTC)
From: [identity profile] essene.livejournal.com
*clappy hands*

Stick it to 'em babe! And really? My nanowrimo journal is a basic account and I don't feel like I'm missing anything.

Okay, so maybe I miss my plethora of icons just a little, but that's why I have IJ!

Date: 2007-11-04 12:45 am (UTC)
From: [identity profile] slackerace.livejournal.com
I'm gonna make my insane journal permanent the day my paid account ends here and upload my icons. That'll make me happy :-)
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