Intellectual Property
Apr. 15, 2015
How the DMCA's online copyright safe harbor failed
Years of relentless litigation by the copyright industry has created a number of cracks in the Digital Millennium Copyright Act's notice-and-takedown system.
In 1998, Congress enacted the Digital Millennium Copyright Act (DMCA). One of its provisions, 17 U.S.C. Section 512, gave online service providers a safe harbor from liability for user-caused copyright infringements. The web hosting safe harbor's structure was relatively simple: copyright owners assume the burden of notifying service providers when their users are committing copyright infringement, at which point the service providers are expected to intervene if they want to avoid being l...
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