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Another Reason To Worry About DMCA Takedowns: Collateral Damage
,----[ Quote ]
| The EFF also follows this up with a list of
| ways that upstream service providers should
| react to such DMCA notices, and suggests
| that customers seek out service providers
| who will follow that course of action. Of
| course, the better solution would be to fix
| the DMCA, but that doesn't seem likely any
| time soon.
`----
http://techdirt.com/articles/20100305/0430288433.shtml
10 ways you might be breaking the law with your computer: UPDATED
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| 1: Digital Millennium Copyright (DMCA) Act
|
| Most computer users have heard of this law,
| signed in 1998 by President Clinton,
| implementing two World Intellectual Property
| Organization (WIPO) treaties. The DMCA makes
| it a criminal offense to circumvent any kind
| of technological copy protection â even if
| you donât violate anyoneâs copyright in doing
| so. In other words, simply disabling the copy
| protection is a federal crime.
`----
http://blogs.techrepublic.com.com/10things/?p=1400&tag=leftCol;post-1400
The Weakest Link Redux
,----[ Quote ]
| We often criticize DMCA takedown abuse here
| at EFF, but last week's Cryptome snafu
| highlights another facet of the problem:
| how a DMCA takedown for one item can result
| in the removal of lots of lawful material.
|
| To recap, Cryptome posted Microsoftâs
| global criminal compliance manual.
| Microsoft sent a DMCA takedown notice to
| Cryptomeâs domain name registrar and web
| hosting provider, Network Solutions,
| alleging that the post infringed copyright.
| Under the DMCA, a web hosting provider is
| protected from copyright infringement
| liability if, among other things, it
| âexpeditiouslyâ disables access to material
| properly identified in a DMCA takedown
| notice. Network Solutions asked Cryptome to
| remove the Microsoft compliance manual.
| Cryptome refused explaining that the
| document was posted in order to help the
| public better understand Microsoft's
| practices, and followed up with a DMCA
| counternotice. Network Solutions promptly
| shut down the entire Cryptome website.
| Thus, a complaint about a single document
| caused significant collateral damage to the
| perfectly legal material on Cryptome.
`----
http://www.eff.org/deeplinks/2010/03/weakest-link-redux
Recent:
Unintended Consequences: Twelve Years Under the DMCA
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| San Francisco - Twelve years after the
| passage of the controversial Digital
| Millennium Copyright Act (DMCA), the law
| continues to stymie fair use, free speech,
| scientific research, and legitimate
| competition. A new report from the
| Electronic Frontier Foundation (EFF)
| collects reported examples of abuses of the
| DMCA and the ongoing harm the law continues
| to inflict on consumers, scientists, and
| small businesses.
|
| The U.S. Copyright Office is currently
| mulling proposed exemptions to the DMCA's
| ban on "circumventing" digital rights
| management (DRM) and "other technical
| protection measures" used to restrict
| access to copyrighted works. The Copyright
| Office is empowered to grant exemptions to
| the law every three years to mitigate the
| harms that DRM otherwise would impose on
| legitimate, non-infringing uses of
| copyrighted materials.
`----
http://www.eff.org/press/archives/2010/03/03
The UK's DMCA; Clause 17 falls, but at what cost?
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| During another intense session in the House
| of Lords this afternoon a vote was finally
| held on the controversial Clause 17 of the
| UK's Digital Economy Bill. This clause
| would have allowed the Secretary of State
| to amend the UK's copyright law with a lot
| less oversight from parliament than usual.
| The government did not hide the fact that
| this provision would be used to clamp down
| on unlicensed file-sharers in various ways
| as the industry demanded. However, there
| was a bright side; the clause would have
| permitted Lord Mandelson (or more likely
| his successor) to do as he promised back in
| October and relax the UK's copyright law by
| bringing in the 'fair use' exemptions it so
| desperately needs.
`----
http://www.pirateparty.org.uk/blog/2010/mar/3/uks-dmca-clause-17-falls-what-cost/
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