How old is the DMCA?

One of the major criticisms of the DMCA is that it was signed into law in 1998, and the mechanics of the Internet have changed substantially since then. The DMCA mandates that “each piece of copyrighted material that gets uploaded…would require a separate takedown notice,” which creates an “uphill battle” for copyright holders. In 1998, it was a realistic effort to send takedown notices for each piece of infringing material, since most content was uploaded by one person or group onto a centralized server. Users couldn’t upload or swap files of their own. However, in 1999, the file-sharing site Napster was released, allowing users to exchange their own files among themselves, in a process called peer-to-peer (P2P) sharing. This proved problematic, since with such a high volume of users uploading files, it was almost impossible for copyright holders to file takedown claims on each infringing song.

 

Why is the DMCA's age an issue?

With the dynamics of the Internet changing, the DMCA's practices are no longer relevant. For instance, Napster was eventually shut down, but new dedicated pirate sites popped up quickly to begin distributing content. Researchers David Waterman, Sung Wook Ji, and Laura R. Rochet claim that, “while studios have clearly made progress in limiting supply by plugging leaks, they cannot all be prevented…restricting supply for file sharing is much more difficult.” The tenacity of pirate sites and their tendency to quickly reform after a takedown, coupled with the slow and cumbersome takedown procedure, means that copyright holders using the DMCA takedown procedure will be fighting an endless battle. The DMCA’s takedown process is a holdover from an earlier era. Much like using a horse and buggy on the highway, it is ineffective in the modern landscape of P2P sharing.