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‘They argue that the existing enforcement measures fall short in the timely removal of numerous infringing livestreams.’
Three major American sports leagues, namely the UFC, NBA, and NFL, are urging the US Patent and Trademark Office (USPTO) to expedite the process of Digital Millennium Copyright Act (DMCA) takedowns, according to a letter reported by TorrentFreak. The organizations claim that the sports industry is suffering significant financial losses, estimated at up to $28 billion, due to the prevalence of pirated live streams. The leagues argue that the removal of illegal streams should occur almost instantaneously to prevent unauthorized viewing.
Legal representatives for the UFC, NBA, and NFL allegedly stated in the letter that the rampant piracy of live sports events has caused considerable harm to their companies. They expressed concern that online service providers often take too long to remove infringing content, allowing illegal streams to continue uninterrupted. The time-sensitive nature of live sports content exacerbates this issue, further impacting the leagues’ revenues.
The complaint centers on Section 512 of the Digital Millennium Copyright Act, which requires content to be removed “expeditiously.” The sports leagues are calling for a modification of the language to specify “instantaneously or near-instantaneously” in order to address their revenue challenges. They believe this update would be a relatively uncontroversial and modest addition to the DMCA, which can be included in broader reforms considered by Congress or addressed separately.
However, the letter did not address the frustration among sports fans regarding regional blackouts, which often drive viewers to seek pirated streams as a workaround.
In addition to quicker takedowns, the leagues are urging the USPTO to impose stricter requirements on online service providers for user verification. They propose implementing specific measures, such as blocking live streams from newly created accounts or those with few subscribers. The letter argues that certain online service providers already employ such measures effectively, demonstrating their feasibility and importance in reducing livestream piracy.
While sending the letter marks an initial step in communicating their intent, the UFC, NBA, and NFL are likely to face significant challenges in attempting to amend the DMCA. Since its enactment in 1998, the law has faced repeated calls for changes from media companies seeking stricter measures, as well as from users who believe it grants copyright holders excessive power. Any revision to the DMCA would require Congress to pass a law, making the process time-consuming and complex.