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OSPs may qualify for one or more of the Section 512 safe harbors under § 512(a)-(d), for immunity from copyright liability stemming from: transmitting, [4] caching, [5] storing, [6] or linking [7] to infringing material. An OSP who complies with the requirements for a given safe harbor is not liable for money damages, but may still be ordered ...
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 ...
In addition to the two general requirements that online service providers comply with standard technical measures and remove repeat infringers, section 512(c) also requires that the online service providers: 1) do not receive a financial benefit directly attributable to the infringing activity, 2) are not aware of the presence of infringing ...
Section 512(c) protects service provider from being liable for monetary relief if it does not know of infringement, or if it acts "expeditiously to remove, or disable access to, the material" when it has actual knowledge, is aware of facts or circumstances from which infringing activity is apparent, or has received notification of claimed ...
[5] They argued that Section 512(f) Misrepresentation was not viable because no takedown had occurred. The judge agreed with Ozimals here, referring to Lenz v. Universal Music Corp., which stated that the damages incurred had to be from the DMCA removal of content.
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] In September 2007, Prince stated in the media that he intended to "reclaim his art on the internet" and to challenge Lenz's suit ...
The failure to consider fair use before sending a DMCA notice was also found to compromise its good faith nature in Lenz v. Universal Music Corp. (2008). [11] OPG v. Diebold is also used as a textbook illustration of four-factor analysis (of fair use) alongside Sony Corp. of America v. Universal City Studios, Inc. and MGM v. Grokster. [5]
The case is also notable for being one of the first to suggest that the DMCA's notice-and-takedown provisions apply to sound recordings fixed prior to 1972, which are protected under common law copyright rather than the federal scheme encompassing the DMCA. Originally confined to a small footnote in the Court's initial decision, it was expanded ...