Lessig Defends Dotcom as Extradition Hearing Begins | Copyhype
Required reading regarding Larry Lessig’s pitch to help Kim Dotcom…
The second thing about Lessig’s declaration that jumps out is an apparent contradiction between Lessig and Dotcom’s defense team regarding the applicability of the DMCA safe harbors to Megaupload.
In the white paper, Dotcom’s defense team says
Even if the U.S. government’s wishful expansion of the criminal copyright law into the realm of secondary infringement were tenable (which it is not), Megaupload is shielded from criminal liability by specific “safe harbor” provisions in the Digital Millennium Copyright Act (DMCA), included in the law to protect companies like Megaupload that make efforts to remove infringing material in response to “take-down” notices issued by copyright holders
But in his declaration, Lessig asserts “The DMCA is only a defense in the civil context”. The reversal is notable.
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