Peter Menell Assesses DMCA Safe Harbor Provision

The Media Institute, August 31, 2010 by Peter Menell
http://www.mediainstitute.org/new_site/IPI/2010/090110.php

So that brings me to the “ugly”: the inability of just about everyone with a stake in this debate to discuss the growing pains, shortcomings, and anachronisms of the DMCA safe harbors forthrightly. As reflected in the views of our industry panelists, the DMCA safe harbors are either perfect and prescient or dysfunctional…. It should have been clear to everyone on the panel that neither Web 2.0 nor peer-to-peer technology were even on Congress’s radar when it passed the DMCA, and that the statute is not well-crafted to confront the modern challenges.