Mystic
03-17-2007, 02:57 AM
DMCA takedown notices: sure, they provide an easy way for companies or individuals to get copyrighted information pulled from sites like YouTube, but what happens when the process is abused? The DMCA does require takedown notices to be made under threat of perjury, and damages are possible against those that abuse the takedown process by using it for frivolous or fraudulent purposes. The EFF has recently filed two cases against alleged DMCA abusers, and may be prepping a third against Viacom.
First up is the case against Michael Crook, a guy who thought it would be a worthwhile use of his time to respond to Craigslist personal ads, extract personal details from those he dubbed "perverts," then post this information online. Not surprisingly, this practice provoked a fair amount of controversy and commentary, and a picture of Crook (from a Fox News appearance) was posted on several prominent blogs. Crook issued DMCA takedown notices which demanded that the images be pulled and that he owned the copyright to them.
He did not, of course, but "fair use" would have allowed the pictures in any event. The EFF stepped in after 10 Zen Monkeys received a takedown request. In a settlement, Crook agreed to stop using such takedown notices and was forced to record a public video apology.....
The article is very long. You can read the rest here (http://arstechnica.com/news.ars/post/20070316-victims-fight-back-against-dmca-abuse.html).
Btw, DMCA stands for Digital Millennium Copyright Act
Passed in 1998, the DMCA is a bill designed to bring copyright law up to date with digital media. Among other things,it outlaws the manufacture of, or "trafficking" in, technologies capable of circumventing "technical protection measures" used to restrict access to copyrighted works.
First up is the case against Michael Crook, a guy who thought it would be a worthwhile use of his time to respond to Craigslist personal ads, extract personal details from those he dubbed "perverts," then post this information online. Not surprisingly, this practice provoked a fair amount of controversy and commentary, and a picture of Crook (from a Fox News appearance) was posted on several prominent blogs. Crook issued DMCA takedown notices which demanded that the images be pulled and that he owned the copyright to them.
He did not, of course, but "fair use" would have allowed the pictures in any event. The EFF stepped in after 10 Zen Monkeys received a takedown request. In a settlement, Crook agreed to stop using such takedown notices and was forced to record a public video apology.....
The article is very long. You can read the rest here (http://arstechnica.com/news.ars/post/20070316-victims-fight-back-against-dmca-abuse.html).
Btw, DMCA stands for Digital Millennium Copyright Act
Passed in 1998, the DMCA is a bill designed to bring copyright law up to date with digital media. Among other things,it outlaws the manufacture of, or "trafficking" in, technologies capable of circumventing "technical protection measures" used to restrict access to copyrighted works.