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The DMCA has affected the worldwide cryptography research community, since an argument can be made that any cryptanalytic research violates, or might violate, the DMCA. The arrest of Russian programmer Dmitry Sklyarov in 2001, for alleged infringement of the DMCA, was a highly publicized example of the law's use to prevent or penalize ...
A statement by you, under “penalty of perjury” that: (a) all of the information in the complaint is accurate; and (b) you are the owner of the trademark or the agent authorized to act on behalf of the owner; and; A physical or electronic signature of the owner of the trademark or the owner's agent. A complaint can be submitted by sending:
There have been recent claims [40] that the DMCA-embedded concepts of direct financial benefit, interference with standard technical measures, and the legislative red flag test for identifying infringing material are significantly challenged by the explosion of user-generated content unleashed by Web 2.0 technologies.
The DMCA also provides safe harbor for digital service providers whose users are suspected of copyright infringement, thus reducing the likelihood that the providers themselves will be considered directly infringing. [75]
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However, on the basis of data on such notices the study concluded that the DMCA notice and take down process "is commonly used for other purposes: to create leverage in a competitive marketplace, to protect rights not given by copyright (or perhaps any other law), and to stifle criticism, commentary and fair use". [26]
Nintendo frequently issues DMCA notices against video game emulators, mods, and fan games. While publications like Engadget describe these actions as "within [Nintendo's] right", the company's hostile stance is much maligned within the video game community.
(The Center Square) – The Pennsylvania Department of Corrections will soon implement new internal affairs policies following the first completed reports of the Citizen Law Enforcement Advisory ...