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Steiner sent WordPress a DMCA takedown notice claiming that Hotham's article infringed their copyright. WordPress and Hotham sued in a federal District Court in California, under §512(f) of the DMCA, claiming that the takedown notice was fraudulent, and that the takedown cost the plaintiffs time, lost work and attorneys' fees.
[24] [25] A 2005 study into the DMCA notice and take down process by Jennifer Urban and Laura Quilter from the Samuelson Law, Technology and Public Policy Clinic concluded that "some notices are sent in order to accomplish the paradigmatic goal of 512 – the inexpensive takedown of clearly infringing hosted content or links to infringing web ...
A large connectivity provider with many ISP customers would not be acting reasonably by disconnecting a whole ISP if it received a takedown notice for a web site hosted by that ISP on behalf of one of its customers. The law appears to allow the necessary flexibility to deal reasonably with relaying takedown requests to handle such situations.
"Because 17 U.S.C. § 107 [9] created a type of non-infringing use, fair use is 'authorized by the law' and a copyright holder must consider the existence of fair use before sending a takedown notification under § 512(c)." [1]
DMCA takedown, preliminary injunction, temporary restraining order Ozimals, Inc. was a copyright case in the United States District Court for the Northern District of California involving a DMCA takedown notice dispute between companies that produce virtual animals on Second Life .
UMG claimed that Veoh did not qualify for liability protection under the DMCA Safe Harbor Provision for Online Storage (17 USC § 512(c)) [11] because Veoh stepped outside the bounds of "storage" as defined by the provision, failed to act despite having knowledge of the infringing materials, and derived a direct financial benefit from infringing activities by their users.
CBS News issued a DMCA takedown notice and had the video removed from YouTube. [34] 2009: In September 2009, "Photoshop Disasters"—a blog covering egregious photo editing missteps—published a photo of a Polo Ralph Lauren ad in which the model's body was grotesquely smaller than her head.
In 2015, Ashley Madison issued numerous DMCA notices to try to stop journalists and others from using public domain information. Sony did the same in 2014. [64] In 2017, Portugal passed amendments to its anti-circumvention laws making it illegal to impose digital rights management to restrict usage of works that were already in the public ...