Tag Archives: dmca

Copyright Office 512 Roundtable: Applicable Legal Standards

Posted on May 3, 2016 by rtushnet

Applicable Legal Standards   Official description: Actual and “red flag” knowledge requirements; financial benefit/right to control test; willful blindness; repeat infringers; good-faith requirements and Lenz; misrepresentation; fair use; use of representative lists; availability of injunctive relief; use of subpoenas; role … Continue reading →

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Copyright Office 512 Roundtable: Service provider response

Posted on May 2, 2016 by rtushnet

Session 2: Notice-and-Takedown Process—Service Provider Response and Counter-Notifications   Official description: Handling of and response to notices, including timing and notices from high-volume senders; sending and handling of counter-notifications; volume of notices and counter-notifications; costs and burdens on large- and … Continue reading →

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Copyright Office 512 Roundtable: Notice and Takedown

Posted on May 2, 2016 by rtushnet

A couple of introductory thoughts: There are over 20 panelists per hour and a half panel.  The math on that is not good in terms of substantive contributions, even if no one rolls out their talking points at all in … Continue reading →

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Empirical analysis of chilling effects

Posted on April 29, 2016 by rtushnet

Jon Penney discusses his research on chilling effects, including chilling effects from DMCA takedowns and government surveillance.  The paper on government surveillance and Wikipedia is here; the abstract for the DMCA piece is here. from Blogger http://ift.tt/1T9NKF9

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Website can use DMCA safe harbor for acts of its independent contractors

Posted on April 27, 2016 by rtushnet

BWP Media USA, Inc v. Clarity Digital Group, LLC, No. 15-1154 (10th Cir. Apr. 25, 2016)     BWP owns the copyrights to various celebrity photos, and its business model appears to be lawsuit-based, at least in part.  It sued defendant … Continue reading →

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Comments on section 512 from the OTW and a few others

Posted on April 8, 2016 by rtushnet

The Copyright Office has posted the responses to its notice of inquiry on 512.  Here’s the Organization for Transformative Works comment on 512.  Also, among the 90,000+ responses, there are comments from Eric Goldman, and a comment based on the … Continue reading →

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comments on 512 from the Organization for Transformative Works

Posted on April 1, 2016 by rtushnet

Available here.  I look forward to participating in the Copyright Office’s roundtable as well.  from Blogger http://ift.tt/25AEJig

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Nook shuts down in UK; another reason to hate DRM

Posted on March 7, 2016 by rtushnet

But UK customers might get to keep access to certain books they “bought,” if all goes well.  As usual, xkcd had it right years ago. from Blogger http://ift.tt/21XgGao

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Initial comments on 1201: fixing what’s broken

Posted on March 7, 2016 by rtushnet

I’ve been reading through the initial comments on 1201 for the Copyright Office’s inquiry.  One overarching thought: current “winners”—successful exemption proponents—unanimously say the current process is broken.  Current losers—unsuccessful exemption opponents—occasionally express openness to minor tweaks, such as a meaningless … Continue reading →

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Copyright Office notice of inquiry on 1201

Posted on March 4, 2016 by rtushnet

Comments I’ve seen so far: Organization for Transformative Works comment (of which I am very proud!) Public Knowledge New America’s Open Technology Institute New Media Rights Joint Libertarian Comments (R Street, FreedomWorks, and Niskanen Institute) International Documentary Association Consumers Union … Continue reading →

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