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There have been recent claims [40] that the DMCA-embedded concepts of direct financial benefit, interference with standard technical measures, and the legislative red flag test for identifying infringing material are significantly challenged by the explosion of user-generated content unleashed by Web 2.0 technologies.
[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 ...
It is often called DMCA anti-circumvention provisions. It restricts the ability to make, sell, or distribute devices which circumvent digital restrictions management systems, adding Chapter 12 (sections 1201 through 1205 ) to US copyright law.
The DMCA has affected the worldwide cryptography research community, since an argument can be made that any cryptanalytic research violates, or might violate, the DMCA. The arrest of Russian programmer Dmitry Sklyarov in 2001, for alleged infringement of the DMCA, was a highly publicized example of the law's use to prevent or penalize ...
Critics of the DMCA have often noted the absence of an explicit exception for circumvention to enable fair use. [2] [3] [4] Section 103(c)(1) of the DMCA (17 U.S.C. Sec. 1201 (c)(1)) does state that [n]othing in this section shall affect rights, remedies, limitations, or defenses to copyright infringement, including fair use, under this title ...
Operation In Our Sites is an ongoing effort by the U.S. government's National Intellectual Property Rights Coordination Center to detect and hinder intellectual property violations on the Internet.
The DMCA is the basis for the design of the YouTube copyright strike system. [1] For YouTube to retain DMCA safe harbor protection, it must respond to copyright infringement claims with a notice and take down process. [1] YouTube's own practice is to issue a "YouTube copyright strike" on the user accused of copyright infringement. [1]
Since its passage, the DMCA has been criticized as having chilling effects on free speech, though prior case law in lower courts had not found any cause to deem the law unconstitutional. The current lawsuit was filed pro bono in 2016 by the Electronic Frontier Foundation (EFF) and Wilson Sonsini Goodrich & Rosati representing security ...
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