The second panel focused its discussion on whether current methods to control copyright infringement, especially filtering and DMCA takedown notices, unduly impinge on fair use. David Sohn voiced concerns that the filtering technology would be unable to recognize content that would be considered fair use. The panel also considered whether the current fair use is working, and agreed that although it is an imperfect system, it's the best we've got. Kathleen Carignan said that it would be easier if things could categorically be determined to be fair use, but the factors test is necessary to ensure that the use is indeed "fair."
ABOVE, LEFT: Gregory Marchwinski of Red Lambda, a manufacturer of filtering software, and the rest of the panel listen to a question from the moderator. ABOVE: Jennifer Pariser of Sony explains why copyright infringement harms the music industry. Also pictured are Gregory Marchwinski (left) and David Sohn of the Center for Democracy & Technology (right).
Robert Terrell (right) explains how the University of Pennsylvania responds to DMCA takedown notices while David Sohn (left) and Kathleen Carignan of Philadelphia Volunteer Lawyers for the Arts look on.
Moderator R. Polk Wagner, far left, and the full panel.