A Copyfighter’s Musings

News.com reports
that American Airlines has subpoenaed Google and YouTube, demanding the
name of someone who posted an airline training video online. This is
yet another abuse of DMCA 512(h),
which allows copyright holders to unmask an Internet user’s identity
based on a mere allegation of infringement without any due process.

You might recall that EFF helped Verizon limit the scope
of this dangerous statute when the RIAA attempted to attain the
identities of P2P file sharing users. The D.C. Circuit Court of Appeals
held that the provision doesn’t apply to content residing on
individuals’ own computers.

But it still does apply to content on an online service provider’s
computer. So when you upload content to your website or blog, your
privacy is still at risk. Someone could claim copyright infringement,
and, without the notice, time, and information necessary to respond,
you won’t be able to protect your anonymity.

Until the law is changed to reinstate traditional due process
protections, online service providers should voluntarily notify users
to the best of their ability. Google regularly gives notice and
apparently will do so in this case, while YouTube has already turned
over the user’s name, according to the News.com article. Internet users
can also take privacy protection into their own hands by using tools
like Tor.

[Cross-posted at DeepLinks]

Filed by Derek Slater at 5:05 pm under General news
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