How The DMCA’s Online Copyright Safe Harbor Failed

17 12 2014

[ed: this one is Professor Goldman's analysis and opinion on the matter]

In 1998, Congress enacted the Digital Millennium Copyright Act (DMCA). One of its provisions (17 U.S.C. 512) gave online service providers a safe harbor from liability for user-caused copyright infringements. The safe harbor was relatively simple: copyright owners assume the burden of notifying service providers when their users are committing copyright infringement, at which point the service providers are expected to intervene if they want to avoid being liable. This system, called “notice-and-takedown,” has served the Internet well enough to create many interesting and important user-generated content websites.

 

Unfortunately, 15 years of relentless litigation by the copyright industry has created a number of cracks in the notice-and-takedown system. As a result, the notice-and-takedown system is failing as a safe harbor, progressively undermining the safe harbor’s ability to foster entrepreneurship in the user-generated content industry. In this post, I’ll explain how cracks in the safe harbor are rendering it useless.

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The content in this post was found at http://blog.ericgoldman.org/archives/2014/06/how-the-dmcas-online-copyright-safe-harbor-failed.htm and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.



DMCA 512 may have some bite for copyright owners – but very small

12 12 2014

Section 512 and the interpretation courts have given it have shifted too much of the burden to the rights owners. Every little step back to a better balance is welcome. In that spirit, the court’s decision in   Columbia Pictures Industries, Inc. v. Fung, 710 F3d. 1020 (9th Cir.  2013) is welcome.

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The content in this post was found at http://www.ipinfoblog.com/archives/intellectual-property-dmca-512-may-have-some-bite-for-copyright-owners-but-very-small.html and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.



YouTube restores eviction lawyer protest video amid DMCA takedown flap

7 12 2014
A YouTube video featuring a controversial San Francisco lawyer who has been representing landlords in eviction procedures appears to have been newly restored on Tuesday after being made unavailable for a week.

The lawyer, Daniel Bornstein, filed a seemingly spurious copyright infringement claim under the Digital Millennium Copyright Act. Many have noted (including Ars founder Ken Fisher a decade ago) that the DMCA’s notice-and-takedown provision practically encourages an overzealous response from those who claim copyright ownership.

The two-minute video depicts Bornstein at a January 2014 seminar in which he is speaking to local landlords but is interrupted by protesters angry at the rise in San Francisco evictions. Many such evictions have been blamed on rising rents, which have in turn been blamed on the huge influx of cash from high-paid tech jobs. (Just last week, the median home sales price in San Francisco topped $1 million for the first time.)

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The content in this post was found at http://arstechnica.com/tech-policy/2014/07/youtube-restores-eviction-lawyer-protest-video-amid-dmca-takedown-flap/ and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.



Music Publishers Bring Contributory Copyright Claims Against ISP for Infringing Activities of Subscribers

3 12 2014

In a novel lawsuit that tests the bounds of service provider liability, two music publishers brought suit against an ISP for contributory copyright infringement for allegedly facilitating infringement by failing to terminate the accounts of broadband subscribers who were purportedly repeat infringers that had unlawfully downloaded copyrighted music from BitTorrent sites. (BMG Rights Management (US) LLC v. Cox Enterprises, Inc., No. 14-01611 (E.D. Va. filed Nov. 26, 2014)).

The lawsuit raises many issues:

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The content in this post was found at http://newmedialaw.proskauer.com/2014/12/02/music-publishers-bring-contributory-copyright-claims-against-isp-for-infringing-activities-of-subscribers/?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+NewMediaAndTechnologyLaw+%28New+Media+and+Technology+Law%29 and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.



LiveJournal Wins 512(c) Safe Harbor Ruling For Celebrity Gossip Blog–Mavrix v. LiveJournal

30 11 2014

This case involves a LiveJournal blog called “Oh No They Didn’t!” (ONTD) that republishes reader submissions about celebrity gossip. There are nine moderators of the blog, including one–Brian Delzer–who became a LiveJournal employee.

Unsurprisingly given the blog’s subject, readers submitted celebrity photos copyrighted by third parties, including seven sets of photos allegedly from Mavrix, a litigious photo agency. For reasons the opinion doesn’t explain, Mavrix never sent LiveJournal any DMCA 512(c)(3) takedown notices over the photos. Instead, Mavrix just sued LiveJournal. LiveJournal treated the complaint as a 512(c)(3) takedown notice, removed the photos and terminated two users as repeat infringers.

LiveJournal decisively wins summary judgment on 512(c) grounds.

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The content in this post was found at http://blog.ericgoldman.org/archives/2014/09/livejournal-wins-512c-safe-harbor-ruling-for-celebrity-gossip-blog-mavrix-v-livejournal.htm and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.