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The Electronic Frontier Foundation, along with other civil society organisations published principles on user generated content, calling for the protection of legitimate use of copyright protected works, prior notification of the uploader before removal or the placement of ads on the content, use of the DMCA counter notice system, including ...
For example, since April 2013, YouTube refuses to restore some counter-noticed content, citing an agreement YouTube made with third-party music content owners. [38] [39] Additionally, there is no public record of takedown requests and counter-notices. This prevents the public from seeing how the process is used.
Steiner sent WordPress a DMCA takedown notice claiming that Hotham's article infringed their copyright. WordPress and Hotham sued in a federal District Court in California, under §512(f) of the DMCA, claiming that the takedown notice was fraudulent, and that the takedown cost the plaintiffs time, lost work and attorneys' fees.
The DMCA is the basis for the design of the YouTube copyright strike system. [1] For YouTube to retain DMCA safe harbor protection, it must respond to copyright infringement claims with a notice and take down process. [1] YouTube's own practice is to issue a "YouTube copyright strike" on the user accused of copyright infringement. [1]
The plaintiff, Malibu Media argued that "DMCA notices and six strike alerts are relevant because these notices may prove a pattern of infringement and/or notice that infringement is occurring could be used to show a pattern of infringing behaviour". [52]
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On August 31, 2016, YouTube introduced a new system to notify users of violations of the "advertiser-friendly content" rules, and allow them to appeal. Following its introduction, many prominent YouTube users began to accuse the site of engaging in de facto censorship, arbitrarily disabling monetization on videos discussing various topics such ...
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