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Barreling Forward
The Digg controversy – the role of a community web site and responsibility under the current law has the potential to become a poster child on both sides of the debate.
I have to think that Digg contributors will bear some responsibility for how this eventually turns out. Like it or not, the DMCA take down provisions are there – with the unintended consequence that the beneficiary of the common carrier interpretation of hosting a web site is the individual entrepreneur, rather than the telco lobbyists who positioned that language into the law almost ten years ago. In honoring that takedown request, Digg’s action extended the safe harbor. In reversing the policy in response to user pressure, satisfying as it may be in the short term, the environment may have become less safe for many of us.
By bending to the user community, Digg is terribly exposed – and the outcome, if it turns out poorly, is not going to be entirely Digg’s fault.
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