Even if it's a small step towards fairer copyright rules and processes, it's still a step.
Except... this really doesn't seem like a step in any direction but sidways, if not backwards.
All this seems to do is vaguely put the onus of claiming that use of a work violates an abstract concept, on the copyright holder themselves.
And it's easy to see anything like that as another win for the little person against the greedy leviathan, but it's also far too easy to forget that copyright protections are important for everyone. Especially the little people.
Say I'm a little known musician, trying to make a living from my art. I sell my songs from my site, or maybe even have a deal with Spotify to try and at least get some pocket change from folks who like my stuff. Then someone on YouTube decides to upload my album, because if we're being honest, that site is still one of the first places people go to to listen to copyrighted music for free. Whereas before it could have been relatively easy for me to at least make them prove they were using it in some acceptable capacity, now I have to do the extra work of quixotically proving that they're violating standards that aren't even illegal.
(And about that specifically, I unfortunately don't have the time tonight to read that full ruling. But it seems pretty clear that if judges have to question whether something is a law or not... it isn't.)
Current copyright law in the US is shameful and broken. It limits creativity rather than protecting and enriching it. And it's one of the clearest and most flagrant cases of cronyism working to allow business interests to dictate policy. But this doesn't do anything to change that, and in fact, may just make it harder for the folks who need them the most, to keep what little protections they have left.
It only makes it harder to achieve positive change, if we're satiated by an imitation of it.
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