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Section 512(g) of the DMCA shields an ISP from liability to its customer for a DMCA takedown, if the ISP restores removed content following a counter-notice. In ...
Section 512(c) applies to online service providers that store copyright infringing material. In addition to the two general requirements that online service providers ...
In addition to the safe harbors and exemptions the statute explicitly provides, 17 U.S.C. 1201(a)(1) requires that the Librarian of Congress issue exemptions from the prohibition against circumvention of access-control technology.
Online Service Provider "Safe Harbor": Section 512 ("OCILLA", passed as part of the DMCA in 1998) provides a contingent "safe harbor" for online service providers from secondary liability for their users' copy infringements. US copyright law does not allow works created by animals to be copyrighted. [67] [68] [69]
After Swarthmore complied and removed the material, Pavlosky, Smith and the OPG sued Diebold, "asserting the company's accusation of infringement "was based on knowing material misrepresentation," an actionable claim under a provision of the DMCA (17 U.S.C. 512(f)) and, furthermore, "interfered with [the] contractual relations" between the ...
The only affirmative cause of action in 17 U.S.C. § 512 is 512(f) which permits a claim for knowingly materially misrepresenting that a work is infringing. [2] However, the defendants never made any determination of whether plaintiffs' videos constituted fair use, let alone knowingly made representations to the plaintiff that it was infringing.
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Some types of targeted websites contained non-infringing speeches and conversation (ex. discussions in a chat-room, conversations in the comment section of blog posts); since the seizure operation redirects all traffic from the website, effects are felt on all material including the legitimate content that should be protected by the First ...