EFF has posted a video of a debate between EFF's Fred von Lohmann and billionaire Dallas Mavericks owner Mark Cuban over Viacom v. YouTube and the question of whether the DMCA safeharbors should protect GooTube from being held liable.
Interestingly, Cuban seems to think that the DMCA shouldn't apply to any companies who do not collect identifying information of their customers so that they can be turned over to copyright owners when asked. In other words, if you're a company who wants protection to innovate, your customers can't have any privacy. Not only is that absent from the statute, it would seriously chill both free speech and innovation. Cuban's interpretation of the safeharbor would force companies to choose between taking advantage of the breathing room the safeharbor gives to innovation and allowing their customers the right to speak anonymously (or even to speak without the administrative burdens of having to confirm their identities). No doubt that would dampen innovation at the outset and suppress the vibrant communities that have developed online.