I have nothing but respect for you and ginger
However, you and ginger were in NO way required to take down those names and treatment plans after that letter demanding you do under DMCA statutes, anymore then you would be after you received a letter demanding your take down offending material under defamation statutes
I'm sorry, but you're wrong. The DMCA changed things in the world of free speech, and not for the better. If we didn't comply, they would have simply sent the DMCA to Dreamhost which would have probably not only taken the post offline, but the entire of Fornits. Even IF we decided to resist the requirements of the DMCA, I can
guarantee you Dreamhost would not have. If they wouldn't have, their upstream provider would have to and so forth. Even Google complies with DMCA requests because they have
no other choice.
The DMCA is not like other claims, you're guilty until proven innocent. Information is considered
likely to be infringing unless you contest it. The reason for this, supposedly, is because information can be downloaded so quickly that thousands of copies can be made, causing irrecoverable damage of sorts. It was designed because copies could be made so quickly and in such number that court cases against all of the copies would be impossible and removal time would be critical. It sort of makes sense, if it didn't have such dire consequences for free speech.
Look. You don't believe me, read this handy article:
http://writingonyourpalm.net/column010903.htmThe DMCA is also being used as a club by corporations to silence criticism. Another article, also in Salon, tells the story of Stop Huntingdon Animal Cruelty, a non-profit group dedicated to shutting down British medical research company Huntingdon Life Sciences. HLS contacted SHAC's web hosting provider, Envirolink, and invoked the DMCA, claiming that SHAC had infringed on their copyrights. They didn't provide any specific examples, but rather objected to the SHAC pages in their entirety. Envirolink, a company that provides free web hosting to non-profit organizations, was forced to pull the plug without further discussion. According to Josh, Knauer, the founder of Envirolink, "It's very clear that Huntingdon Life Sciences just wants to shut them up." The sites are required by law to remain down for ten days before the accused can contest the accusation and prove that they're not infringing.
Trust me when I say, we had no choice at all but to comply. It's not a question of balls. It's a question of
survival of the site. Move to Canada, you say? Well. If we do the law there sucks when it comes to defamation and all sorts of other things such as the ever-vague "hate speech". I like my first amendment, thank you very much.
One day, the Supremes will strike the DMCA down, i'm sure of it... but until that point, we're held more or less at it's mercy. I truly am sorry, but we had no choice to comply and this was a decision made by
both myself and Ginger.