Excessive Legal Power

Why does the DMCA have so much power?

The DMCA, despite being classified under US copyright law, is technically separate, which gives it additional power: “The DMCA empowers courts to grant temporary and permanent injunctions as necessary to prevent or restrain a violation…and to order the modification or destruction of devices or products involved in the violation.” The DMCA’s strength lies in the power it holds – once a takedown request or a court-ordered injunction goes through, it must be followed at risk of serious fines or potential imprisonment.

 

Shouldn't an anti-piracy law be strong?

The DMCA's strength is a double-edged sword. This same weight is what causes false takedown notices to be so effective at censoring content, as failure to respond or comply to a notice, even one with no grounds, constitutes a violation. For an act to carry the strength that the DMCA does, it must have clear terms and processes laid out within its language, or else run the risk of misinterpretation.