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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.
Large industry associations like the MPAA and RIAA say the law is necessary to prevent copyright infringement in the digital era, while a growing coalition of open source software developers and Internet activists argue that the law stifles innovation while doing little to stop copyright infringement. Because the content must ultimately be ...
The second way that an OSP can be put on notice that its system contains infringing material, for purposes of section 512(d), is referred to the "red flag" test. [12] The "red flag" test stems from the language in the statute that requires that an OSP not be "aware of facts or circumstances from which infringing activity is apparent."
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17 U.S.C. Sec. 1201 (a)(2) provides: (2) No person shall manufacture, import, offer to the public, provide, or otherwise traffic in any technology, product, service, device, component, or part thereof, that— (A) is primarily designed or produced for the purpose of circumventing a technological measure that effectively controls access to a work protected under this title; (B) has only limited ...
Evaluation of alleged copyright infringement in a court of law may be substantial; the time and costs required to apply these tests vary based on the size and complexity of the copyrighted material. Furthermore, there is no standard or universally accepted test; some courts have rejected the AFC Test, for example, in favor of narrower criteria.
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 material, alleges unauthorized use, and demands expeditious removal.
An intellectual property (IP) infringement is the infringement or violation of an intellectual property right. There are several types of intellectual property rights, such as copyrights, patents, trademarks, industrial designs, plant breeders rights [1] and trade secrets. Therefore, an intellectual property infringement may for instance be one ...