If there's infringing content, then isn't that what DMCA notices are for? And shouldn't Facebook simply remove the offending specific piece of content, than rather an entire page like that? And shouldn't it provide warning in advance, with an opportunity to contest it?
The DMCA law establishes processes between content creators and websites, but leaves websites free to determine the processes (or lack thereof) between themselves and the users who submitted the content. I.e., a single photo can result in termination of your entire fanpage without warning.
As more and more people rely on companies like Facebook, Google, etc. to host their content, consumers are going to need protections against arbitrary actions by companies, lacking due process.
Facebook is under no obligation to continue hosting your fan page. The DMCA only prescribes upper limits to the liability sites like Facebook have to copyright infringement on their website.
> lacking due process
Due process is a constitutional right that only pertains to citizens' interactions with the Unites States Government and state and local governments.
I think OP meant, "According to the DMCA, can't Facebook get away with just removing the content, warning you first, etc". We all understand they can do whatever they want and are not subject to the constitution in the way a government is. They could delete everyone's page, every single user's, without giving a single reason. But its probably not smart to. Hence we are discussing whether this is an intelligent move on their part, or if there are other reasons for this behavior.
FFS, in the past political speech would be rejected by all sorts of publishers. This isn't a new issue.
Just as folk were then free to set up their own press to churn out leaflets, so too are folk now free to host their own content. In fact, the situation is probably a lot brighter now.
Considering that there's no constitutional basis for even applying due process to the private sector, I think you're going to have a hard time convincing anyone that's a good idea.
The DMCA law establishes processes between content creators and websites, but leaves websites free to determine the processes (or lack thereof) between themselves and the users who submitted the content. I.e., a single photo can result in termination of your entire fanpage without warning.
As more and more people rely on companies like Facebook, Google, etc. to host their content, consumers are going to need protections against arbitrary actions by companies, lacking due process.