Re:Create Recap November 14, 2019

CASE Act A Prime Target For Abuse. Radio and Television Business Report (RBR+TVBR) elevated concerns with the CASE Act and how it could open opportunities for copyright trolls looking to abuse the new system. While Dorsey & Whitney partner Fara Sunderji acknowledged that the bill was crafted to make it easier for copyright owners to assert their rights, he also cautioned that with the new Copyright Claims Board “any person or entity could become a troll for a relatively low cost and amount of effort.” Significant concern with the bill centers on the fact that everyday consumers will not understand they can opt out, but Sunderji pointed out that savvy members of the copyright community will have no problems: “No one is worried about large corporations or serial infringers because they would surely just opt out and force the trolls to file the cases in federal court, which everyone would bet on not happening.”

Tune In: Techdirt Podcast Features Niskanen Center’s Daniel Takash. The newest episode of Techdirt’s podcast with Mike Masnick features Daniel Takash with the Niskanen Center discussing the organization’s new report, “Why ‘Intellectual Property’ is a Misnomer.” The paper examines why property is simply the wrong lens for looking at copyrights and patents.

DMCA 512 Works: Reading Between The Lines In Twitter’s Transparency Report. TorrentFreak analyzed Twitter’s latest transparency report, including DMCA copyright notices. Though the number of 512 notices increased by 101% over the last 6 months, TorrentFreakpointed out that there was a “spectacular” increase (285%) in the number of counternotices disputing the claim. This is due largely to fraudulent DMCA notices. Furthermore, more than a third of all Twitter and Periscope copyright notices were sent by just 5 entities.

Macmillan eBook Policy Does Disproportionate Harm To Those With Disabilities. Electronic Frontier Foundation’s Gennie Gebhart blogged about Macmillan’s controversial eBook policy that limits access by only allowing libraries to have a single digital copy of a book for the first eight weeks after publication. “E-books are a critical resource for library users with vision impairment, dyslexia, and other physical or learning needs. An embargo on new e-books disproportionately harms these readers who rely on digital formats, and violates the principles of equitable access at the core of library services,” wrote Gebhart. Libraries across the country are protesting the policy through boycotts, and the American Library Association launched an #eBooksForAll petition that has more than 200,000 signatures already.