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Section 103 provoked most of the controversy which resulted from the act. 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.
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 ...
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 ...
Digital distributor GOG.com (formerly Good Old Games) specializes in PC video games and has a strict non-DRM policy. [50] Baen Books and O'Reilly Media, dropped DRM prior to 2012, when Tor Books, a major publisher of science fiction and fantasy books, first sold DRM-free e-books. [51] The Axmedis project completed in 2008.
According to the Intellectual Property Enforcement Coordinator (IPEC), which was the position at the White House created by the PRO-IP Act through 15 U.S.C. § 8111 to coordinate U.S. governmental agencies that carry out the law's purpose, [4] several policy rationales informed intellectual property enforcement, including: [2] [5]
3) Finally, the court certified questions raised by the defendant, which means that : "(a) Whether the DMCA's safe-harbor provisions are applicable to sound recordings fixed prior to February 15, 1972; and (b) Whether, under Viacom International Inc. v. YouTube, Inc., a service provider's viewing of a user-generated video containing all or ...
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]
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