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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.
Despite the letter by the EFF, TI continued to send DMCA notices to websites that posted the keys, but stopped doing so after late 2009. The EFF filed a DMCA Section 512 counter-notice on behalf of three of the bloggers who received DMCA notices. When the EFF did not receive a response by the deadline, the bloggers reposted the content that had ...
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 ...
A Notice of Claimed Infringement or NOCI is a notice from the owner of a copyrighted material to an online service provider. The notice identifies copyrighted ...
Additionally, you should also include a CC-BY-SA notice, a GFDL notice, or both. You could, for example, add the text "This article is licensed under the Creative Commons Attribution-ShareAlike 3.0 Unported License, which means that you can copy and modify it as long as the entire work (including additions) remains under this license", and ...
The letters sought to create a false sense of urgency, with phrases like 'final notice,' and 'immediate response requested.'" These types of phrases could cause any consumer to stop in their tracks.
Lenz in turn sent YouTube a counter-notification, claiming fair use and requesting that the video be reposted. Six weeks later, YouTube reposted the video. In July 2007, Lenz sued Universal for misrepresentation under the DMCA, and sought a declaration from the court that her use of the copyrighted song was non-infringing. [3]