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Notice and take down is a process operated by online hosts in response to court orders or allegations that content is illegal. Content is removed by the host following notice. Notice and take down is widely operated in relation to copyright infringement, as well as for libel and other illegal content.
This allows for copyright holders to send out take-down notices without incurring much liability; to get the content back up, the recipients need to expend considerably more resources. Section 512(f) makes the sender of an invalid claim liable for the damages resulting from the content's improper removal, including legal fees, but that remedy ...
Non-commercial and open-source peer-to-peer services were able to survive from these case laws, leading entertainment groups to deploy software on the services to track downloads, [79] and subsequently attempted to serve takedown notices and sue users on the services for copyright violations under the DMCA since around 2003. [80]
January 2024: DMCA takedown of Palworld mod to add Pokemon. [41] March 2024: Pokemon fan game site Relic Castle receives DMCA takedown. [43] April 2024: DMCA takedown of Nintendo-related Steam Workshop content for Garry's Mod. [45] May 2024: DMCA takedown of a Rhythm Heaven fan-game called Heaven Studio unofficial revival. [60]
Operation In Our Sites is an ongoing effort by the U.S. government's National Intellectual Property Rights Coordination Center to detect and hinder intellectual property violations on the Internet.
CBS News issued a DMCA takedown notice and had the video removed from YouTube. [34] 2009: In September 2009, "Photoshop Disasters"—a blog covering egregious photo editing missteps—published a photo of a Polo Ralph Lauren ad in which the model's body was grotesquely smaller than her head.
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]
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]