Brazil Does Away With Notice-and-Takedown System For Third Party Content
By on May 11th, 2010

Brazil is making serious amendments to its DMCA policy. Under the new rules, a notice-and-takedown system will be hugely revised so as to safeguard third parties content.

The DMCA that is in place in the US is pretty rigid and requires almost all takedown notices to be adhered to. This system can easily be abused. Brazil has been following a similar system but now, it is out to change this.

The new system that is in place allows service providers to take down only the offensive content, that too only on a court order. You can read the proposal here. This provides some assurance against hate-groups who could earlier take down websites issuing baseless takedown notices.

Eric Goldman gives his expert opinion on this saying,

According to the new system, online service providers are only liable for third-party content if they do not comply with a takedown order issued by a court of law. In addition, the proposed notice and takedown system is completely gone: instead of a simple request from the alleged victim, a court order will be mandatory to take down alleged harmful content, requiring a prima facie analysis of said content by a judge.

This seems far more reasonable as compared to what the US still has. Though, we are expecting that things will change once Brazil implements this.

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Author: Chinmoy Kanjilal Google Profile for Chinmoy Kanjilal
Chinmoy Kanjilal is a FOSS enthusiast and evangelist. He is passionate about Android. Security exploits turn him on and he loves to tinker with computer networks. He rants occasionally at Techarraz.com. You can connect with him on Twitter @ckandroid.

Chinmoy Kanjilal has written and can be contacted at chinmoy@techie-buzz.com.
 
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