Computers, Privacy & the Constitution

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Introduction: Section 512(c)

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I have previously noted that the DMCA's anti-circumvention provisions changed the penumbras of copyright law significantly. So too, however, has the DMCA's takedown provision, 17 U.S.C. section 512(c), modified the playing field for content owners, content creators, and content hosts. Under section 512(c), content owners can send notifications to ISPs requesting that they remove user-generated or user-uploaded content on the ISP's site because the content allegedly infringes U.S. copyright law. The requirements for the notifications are specific but not the focus of this essay. See Brian Sites, Takedown paper? (discussing section 512(c) in the abstract and suggesting revisions). Instead, this essay examines the actual use of section 512(c) in the wild.
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I have previously noted that the DMCA's anti-circumvention provisions changed the penumbras of copyright law significantly. So too has the DMCA's takedown provision, 17 U.S.C. section 512(c), modified the playing field for content owners, content creators, and content hosts. Under section 512(c), rightholders can issue notifications to ISPs requesting that they remove user-uploaded content on the ISP's site because it allegedly violates U.S. copyright law. See, e.g., Info on 512(c); SSRN paper. This essay examines the actual use of section 512(c)'s takedown provision in the field.
 
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The Problem with Repeating

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The Hall of "Fame"

Since section 512(c)'s enactment, thousands of takedown notices have been issued. [CITE]. Many of those notices have been issued in good faith and in compliance with the intended effect of section 512(c). Others, however, have not. [[][Example 1]]. [[][Example 2]]. And 3? . Study.

 

The Unblinking Eye


Revision 4r4 - 08 Apr 2010 - 03:30:52 - BrianS
Revision 3r3 - 07 Apr 2010 - 23:34:56 - BrianS
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