I think a DMCA takedown does underscore something we’ve already known– open source licenses are important. The law is backwards looking, and it will not soon adjust to the reality of a place where people create freely and instantiate their creations and derive between each other’s artwork, especially where copyright law is dictated by the needs of legacy institutions. As such, it will be fundamentally challenging to keep Thingiverse free while still adhering to the law.
But obviously, this is what we want to do.
The best tool for that is Creative Commons and GPL licenses. By providing an easy framework for users to make their designs shareable, Thingiverse gives you the tools to actively proclaim that you are NOT making a closed design.
There are going to be problems:
One: There will be more DMCA notices in the future and Thingiverse is bound legally to respond to them.
Two: Some people will submit false DMCA notices. This is going to be a legitimate problem, and will need to be dealt with in the long run with thoughtful policy.
Three: “well poisoning”. This is probably worse than the first, because it potentially chills the entire sharing infrastructure. How does a DMCA claim impact the tree of derivative objects? What about a legitimate one? My first impulse is to say “separate work, separate DMCA, and probably fair use anyway,” but there are going to be “tree attacks” on all derivatives of something, and that creates a strong disincentive to proper documentation of sources, even legitimate ones, which is bad news for everyone.
How do we respond? By doing what we’ve been doing, only fully aware that there are bumps and legal challenges ahead. By documenting our creations and keeping them in the Creative Commons or the GPL, we can create a solid framework of obvious, documented designs, allowing an attack on a derivative to be defended against with a long line of prior art.
Keep posting great things, and don’t sweat it when one gets taken down. We’re creators with a deep passion for making things. There’s plenty more where that came from.