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For example, since April 2013, YouTube refuses to restore some counter-noticed content, citing an agreement YouTube made with third-party music content owners. [38] [39] Additionally, there is no public record of takedown requests and counter-notices. This prevents the public from seeing how the process is used.
In 2001 the Electronic Frontier Foundation launched a collaborative clearinghouse for notice and takedown requests, known as Chilling Effects. [23] Researchers have been using the clearinghouse to study the use of cease-and-desist demands, primarily looking at DMCA 512 takedown notices, but also non-DMCA copyright issues, and trademark claims.
The ruling established that the DMCA was not unconstitutional, and that while it did place a burden on users accessing works for fair use, the DMCA did not outright restrict fair use. In the case of the ebook example, the ruling observed that the user may have to type a quote from the ebook rather than copy and paste from the unprotected version.
Sometimes only partial compliance with license agreements is the cause. For example, in 2013, the United States Army settled a lawsuit with Texas-based company Apptricity which makes software that allows the army to track their soldiers in real time. In 2004, the US Army paid the company a total of $4.5 million for a license of 500 users while ...
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In 2021, Nintendo of America's legal team issued a mass DMCA takedown of 379 games removed out from Game Jolt. Many of the games' developers and fans have been taken it by surprise, although Nintendo's mention of advertisement revenue being used on the games' page made the reasoning behind the takedowns. [ 38 ]
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.
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]