Can Google Hide under Safe Harbor Defense?
The DMCA is an act to compromise new type of copyright infringement in the context of the Internet. Therefore, the DMCA was inherently tailored to the technology at the end of 1990ʼs.
According to the technology of that time, the Congress didnʼt have to worry about the mass copyright infringement because the speed of the Internet is too slow. As a result, the burden of policing copyright infringement was rested to copyright owners according to traditional theory that copyright owners are the one who well know infringement.
However, the current technology enables for ordinary people to copy otherʼs contents-music, movie, all kind of audio visual works- easily and rapidly. Therefore, policing those mass infringement become too burden to copyright owners.
In this situation, I agree with the opinion that the DMCA should be changed to impose more responsibility to the service providers by any means. Viacom v. Google case is on the peak of the discussion that in what extent the DMCA is revised.
According to evidences discovered so far, Google and Youtube look no longer hide under Safe Harbor defense.
However, the case has been just started, and no one can expect how long it takes. And there is a possibility that both parties may settle.
Therefore, I believe that the Congress should not look on this situation with folded arms. Rather, it is time for Congress to revise the DMCA to solve this chaos before itʼs too late.
by Gyeong Ok Kim
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