This week CBS, Disney and Viacom among other(who I call media middlemen) drafted and published “Principles for User Generated Content Services.” They want to require “Identification Technology” be used to limit your rights on User Generated Content sites (UGC’s.) Identification Technology is notoriously bad if not entirely unable to identifying Fair Use.
Beyond the obvious fair use problems which are explained in more detail by Kevin Donovan at Student for Free Culture. I am also bothered that the principles request that UGC’s to for keeping record on their users and turning them over to Media Middlemen if a take down occurs or if content is filtered by . Users privacy rights should be protected at least until there is a court order. UGC’s should be protecting users from baseless litigation and threating settlement letter by anonymizing user specific data like IP’s not handing it over to sue happy companies with lawyers that make predatory lenders look like your friend.
Here is the section that violates privacy:
“10. Consistent with applicable laws, including those directed to user privacy, UGC Services should retain for at least 60 days: (a) information related to user uploads of audio and video content to their services, including Internet Protocol addresses and time and date information for uploaded content; and (b) user-uploaded content that has been on their services but has been subsequently removed following a notice of infringement. UGC Services should provide that information and content to Copyright Owners as required by any valid process and consistent with applicable law.”
UGCs should refuse to use Identification Technology until it effectively identifies Fair Use 99.9% of the time. Other wise identification technology will just be a censorship tool that prevents us, real users from exercising our first amendment rights.
A full copy of the principles is available at: