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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 ...
One example of an OSP that did receive a direct financial benefit from infringing activity was Napster. In A&M Records, Inc. v. Napster, Inc. , [ 10 ] the court held that copyrighted material on Napster's system created a "draw" for customers which resulted in a direct financial benefit because Napster's future revenue was directly dependent on ...
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.
However, on the basis of data on such notices the study concluded that the DMCA notice and take down process "is commonly used for other purposes: to create leverage in a competitive marketplace, to protect rights not given by copyright (or perhaps any other law), and to stifle criticism, commentary and fair use". [26]
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 ...
All the factors are considered and balanced in each case: a book reviewer who quotes a paragraph as an example of the author's style will probably fall under fair use even though they may sell their review commercially; but a non-profit educational website that reproduces whole articles from technical magazines will probably be found to ...
The safe harbor provision of the DMCA does not provide a cause of action against service providers that take down videos. Cambridge University Press v. Becker: 1:2008cv01425: N.D. Ga. 2011 University's use of copyrighted material in e-reserves does not constitute direct or vicarious infringement. Golan v. Holder: 565 U.S. 302: 2012
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]