This is a great idea, as there is no question that many companies issue bogus takedown notices to force websites to remove content that is fully protected by the “fair use” exemptions in the Copyright Act. This is a blow to free speech every time it happens. But, even if the notices are bogus, who can afford to take a chance of being sued or having their ISP drop them? Big money wins again.
Here’s what the Electronic Frontier Foundation has to say:
“Free speech in the 21st century often depends on incorporating video clips and other content from various sources,” explained EFF Senior Staff Attorney and Kahle Promise Fellow Corynne McSherry. “It’s what The Daily Show with Jon Stewart does every night. This is ‘fair use’ of copyrighted or trademarked material and protected under U.S. law. But that hasn’t stopped thin-skinned corporations and others from abusing the legal system to get these new works removed from the Internet. We wanted to document this censorship for all to see.” …”The DMCA encourages a ‘take down first, ask questions later’ approach, creating an unfair hurdle to free speech,” said EFF Activist Richard Esguerra. “People who abuse this law to silence critics should be shamed publicly, and that’s what we’re aiming to do.”
Right now the Wall of Shame includes: NPR, Warner Music Group, De Beers, NBC, Polo Ralph Lauren, CBS News and others.