Can the DMCA Kill the Cloud?

The DMCA (Digital Millennium Copyright Act) is a powerful tool for copyright holders. Take down notices get served to many websites daily to remove infringing items, yet many are false positives. Will the DMCA harm cloud computing? I think its a good possibility.

I recently read an interesting article on SC Magazine about a security researcher who had her MediaFire account suspended for 36 hours because of a DCMA notification. The infringing files she had on the account for years, and were malware files that had been or were being researched by her and others. There is also the case of speeches from the recent political conventions been taken down off You Tube because of automated filters to prevent DMCA take down notices. The amount of false positives reported to the news outlets it a small portion of what actually is out there, but they tend to make big news.

So what does this all have to do with killing the cloud? The answer is quite a lot. If the filters and DMCA searches are conducted in a way that can breed a lot of false positives, such as just going by file names and sizes, then what is to prevent a DMCA notice and fight over a companies private files that have the same name as some other companies files? Better yet, what if something is named too similar to something from the entertainment industry? a presentation that uses music, hey there can be a DMCA takedown notice right there if a file scanner digs into it, or if you leave the name of the song in the filename.

The idea being that all these notices can help make people gun shy about moving or even using the cloud. Copyright is needed, yet has been blown way out of proportion in its longevity. Life of the artist plus 75 years is way to long, considering that copyrights were meant to foster innovation, not to allow someone to sit back on their laurels. Now we see that it can affect researchers which are reaching to the cloud to help analyze items in a file. This can affect not only the infosec area but other areas such as medicinal or other science research. All this because one is guilty until proven innocent. This can and will affect the future in more ways than we can see at this time.


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