OPEN: Online Protection & ENforcement of Digital Trade Act

Bill Passage

(A) IMPOSITION OF FEE. The Commission may impose on each complainant a fee in an amount determined appropriate by the Commission to defray the costs of investigations under subsection (c).

Comment

While I appreciate the desire, especially in the current political climate, to create a self-funding mechanism for OPEN enforcement, I don't believe filing fees are the way to do this. Would it be OK to require a fee for calling the police to report a robbery? I also don't think, as some others have suggested, that a filing fee will deter frivolous or fraudulent complaints. They will simply be treated a cost of doing business by litigious rights holders. The way to deter bogus complaints is to *heavily* punish them when they occur. I think the sanctions needs to be proportional to the size of the company, and escalate rapidly for repeat offenders. If it were up to me, Viacom (just to pick one example) would face a billion dollar fine the next time they issued a bogus DMCA takedown.
John D.    Dec 9th, 2011 2:23 pm
1 Likes, 1 Dislikes