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There are three main areas of criticism that pertain to the OCILLA provision of the DMCA: improper removal of content, ineffective counter-notice procedure, and the rise of Web2.0 and new technologies that call into question the equity and effectiveness of the safe harbor provision.
In 2001 the Electronic Frontier Foundation launched a collaborative clearinghouse for notice and takedown requests, known as Chilling Effects. [23] Researchers have been using the clearinghouse to study the use of cease-and-desist demands, primarily looking at DMCA 512 takedown notices, but also non-DMCA copyright issues, and trademark claims.
The ruling established that the DMCA was not unconstitutional, and that while it did place a burden on users accessing works for fair use, the DMCA did not outright restrict fair use. In the case of the ebook example, the ruling observed that the user may have to type a quote from the ebook rather than copy and paste from the unprotected version.
The owner of the site can issue a counter-notice to restore payment processing and advertising, but services need not comply with the counter-notice." [ 61 ] Goodlatte stated, "We're open to working with them on language to narrow [the bill's provisions], but I think it is unrealistic to think we're going to continue to rely on the DMCA notice ...
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.
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]
Stroz Friedberg assessed the efficacy of MarkMonitor's methodologies to monitor, identify, collect evidence, and generate notices to P2P infringers [13] The contractor published the findings in a confidential report to the CCI in November 2012 (i.e., before the system launched), concluding that the methodologies were "well developed and robust ...
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.