Brandon J. Huffman Quoted on Mario Creations in Dreams
GameDaily.biz recently covered Nintendo issuing complaints against Mario creations within Sony’s Dreams game.
Here is an excerpt:
The short version is that Dreams is a platform,” Odin Law attorney Brandon Huffman told GameDaily. “Like YouTube or Facebook, it exists behind the legal safe harbor created by Section 512 of the Digital Millennium Copyright Act (DMCA). Without that safe harbor, yes, the provider of the platform could be liable for copyright infringing user-generated content (UGC). Under the DMCA safe harbor, though, only the users are liable for the infringement on the platform.”
Huffman explained that it’s Sony’s job to ensure Dreams complies with the DMCA, but it falls to the users to steer clear of infringement lest their creations get removed. If Dreams becomes popular enough, this could lead to a YouTube-style strike system for identifying repeat infringers and potentially automatic takedowns. “
You can read the whole article here.