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In addition to the safe harbors and exemptions the statute explicitly provides, 17 U.S.C. 1201(a)(1) requires that the Librarian of Congress issue exemptions from the prohibition against circumvention of access-control technology.
The second way that an OSP can be put on notice that its system contains infringing material, for purposes of section 512(d), is referred to the "red flag" test. [12] The "red flag" test stems from the language in the statute that requires that an OSP not be "aware of facts or circumstances from which infringing activity is apparent."
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Large industry associations like the MPAA and RIAA say the law is necessary to prevent copyright infringement in the digital era, while a growing coalition of open source software developers and Internet activists argue that the law stifles innovation while doing little to stop copyright infringement. Because the content must ultimately be ...
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 ...
Viacom did not seek damages for any actions after Google put its Content ID filtering system in place in early 2008, and instead pursued declaratory relief on the ability of American copyright law in addressing Internet-enabled infringement. [8] The lawsuit was later merged with similar complaints being pursued by other copyright holders. [9]
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