If you believe that the purpose of the DMCA is to make it so you can sit back and do nothing and all piracy magically stops by Sheer Force of Law, it doesn't work.
If you believe the purpose of the DMCA is to give rights holders a certain amount of power to self-enforce and are willing to concede that it won't all be stopped, it works pretty well.
If your opinion is somewhere in between, adjust as needed.
I think if earbits wanted to clean up his essay a bit he should come out and state clearly and explicitly what his goal for his desired legal regime is. I suspect he's sneaking in an implicit requirement that it be perfect on us, and if you accept that you'll never be satisfied. There is no set of tools that the government can hand the industry to eliminate piracy. Even SOPA isn't draconian enough. On the other hand, once you accept that a certain amount of lossage is inevitable and that we expect rightsholders to only really have to chase down violations on the largest sites and have the tools to catch the vast bulk, the argument that the DMCA is some sort of grossly flawed bill becomes much, much harder to just float by without justification. There's a huge gap in the logic there, which I think is what some people are choking on without quite consciously realizing it.
I suspect that actually filling in that gap will inevitably erode the perceived power of the argument, though. He complains technical people aren't working out how to solve a problem that he can't actually give his true requirements for without losing his audience.
If you believe the purpose of the DMCA is to give rights holders a certain amount of power to self-enforce and are willing to concede that it won't all be stopped, it works pretty well.
If your opinion is somewhere in between, adjust as needed.
I think if earbits wanted to clean up his essay a bit he should come out and state clearly and explicitly what his goal for his desired legal regime is. I suspect he's sneaking in an implicit requirement that it be perfect on us, and if you accept that you'll never be satisfied. There is no set of tools that the government can hand the industry to eliminate piracy. Even SOPA isn't draconian enough. On the other hand, once you accept that a certain amount of lossage is inevitable and that we expect rightsholders to only really have to chase down violations on the largest sites and have the tools to catch the vast bulk, the argument that the DMCA is some sort of grossly flawed bill becomes much, much harder to just float by without justification. There's a huge gap in the logic there, which I think is what some people are choking on without quite consciously realizing it.
I suspect that actually filling in that gap will inevitably erode the perceived power of the argument, though. He complains technical people aren't working out how to solve a problem that he can't actually give his true requirements for without losing his audience.