Takedown doesn't work
Isn't the crrux of this that takedown has failed. Having the thing taken down doesn't get the copyright holder paid for the use of the content before it got taken down.
Shouldn't the law read more along the lines of there being clear civil penalties for publishing copyright infringing content. Damages commensurate with expected reasonable earnings for said infringement.
It would need to be very clearly clarified (sic) who is infringing, and therefore liable:
- the service provider (E.g. Facebook)
- the user (E.g. Tom, Dick, Harry, Theresa, Donna, Hortense) using the service
The copyright holder would like it to be the big corporate - easier to collect.
The big corporate would like it to be the user - so they can not give fcuk.
Do we end up with a scenario (a la Pirate Bay) where ISPs are required to block Facebook as it distributes illegal content?