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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 ...
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.
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:
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]
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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Lumen, formerly Chilling Effects, is an American collaborative archive created by Wendy Seltzer and operated by the Berkman Klein Center for Internet & Society at Harvard University. [1]
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]