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[News] DMCA Makes Many People "Criminals"

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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.


10 ways you might be breaking the law with your computer: UPDATED

,----[ Quote ]
| 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.


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. 



Unintended Consequences: Twelve Years Under the DMCA

,----[ Quote ]
| 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.


The UK's DMCA; Clause 17 falls, but at what cost?

,----[ Quote ]
| 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.

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