Nearly One Third Of DMCA Takedown Notices Are Improper

from the only-one-third? dept

It’s no secret that plenty of companies have misused the DMCA (Digital Millennium Copyright Act, for those who haven’t been paying attention) mostly for anti-competitive reasons, rather than a legitimate complaint about infringement. However, a big question is just how often is the DMCA misused in this manner? Supporters of the DMCA claim that only an occasional improper takedown notice gets through. Some new research suggests otherwise. Over 30% of DMCA takedown notices have been deemed improper and potentially illegal. In most of those cases, the notices demanded information be taken offline when it had a perfectly legitimate argument for remaining online. So, can we talk about reforming the DMCA yet, or is that still off limits?

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Comments on “Nearly One Third Of DMCA Takedown Notices Are Improper”

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The Other Mike says:

it has served a purpose

For good or bad the DMCA has served the role of having a unified stance on copyright issues for the government. That role is one that was badly needed when it was crafted.

The legislation really should be looked at again since it has been some 5 years, but the industries are terrified that their use of the DMCA will come back to haunt them when considering changes or replacement legislation. So they pay big money to keep it off the front burner for politicians. Let’s hope the rootkit fiasco brings it up again because most people think it is a bunch of college kids pushing for DMCA reform/review.

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