As a postscript to my post last week about the advent of the Copyright Claims Board, readers should check out this new blog post by Mitch Stoltz, copyright attorney at user rights group Electronic Frontier Foundation, for succinct and perceptive rundown of the likely problems the CCB will face (and will likely create for accused infringers) as it gets up and running. Copyright “Small Claims” Quasi-Court Opens. Here’s Why Many Defendants Will Opt Out.
As Mitch points out, despite the best intentions of all involved, there is good reason to believe that systemic biases will emerge that harm fair use and leave accused infringers at a disadvantage. As Mitch says, anyone who feels they’ve been harmed by the CCB should reach out to the EFF. They are the entity most likely to mount a legal challenge to the Board as it is currently constituted.