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[1] [2] Passed on October 12, 1998, by a unanimous vote in the United States Senate and signed into law by President Bill Clinton on October 28, 1998, the DMCA amended Title 17 of the United States Code to extend the reach of copyright, while limiting the liability of the providers of online services for copyright infringement by their users.
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.
17 U.S.C. Sec. 1201 (a)(2) provides: (2) No person shall manufacture, import, offer to the public, provide, or otherwise traffic in any technology, product, service, device, component, or part thereof, that— (A) is primarily designed or produced for the purpose of circumventing a technological measure that effectively controls access to a work protected under this title; (B) has only limited ...
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 ...
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.
[2] The publisher, Prometheus Books , described the book in its blurb: In 1998, copyright lobbyists succeeded in persuading Congress to enact laws greatly expanding copyright owners' control over the private uses of their works by individuals.
The basis for notice and takedown procedures under EU law is article 14 of the Electronic Commerce Directive, adopted in 2000.Article 14 applies to content hosts in relation to all "illegal activity or information".
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]