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However, on the basis of data on such notices the study concluded that the DMCA notice and take down process "is commonly used for other purposes: to create leverage in a competitive marketplace, to protect rights not given by copyright (or perhaps any other law), and to stifle criticism, commentary and fair use". [26]
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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.
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 ...
The model letters set out below are meant to be sent to web sites (and their service providers) in order to explain the requirements of the CC-BY-SA and GFDL, and to urge compliance. This page is part of Wikipedia:Mirrors and Forks. The original letters on this page were based on User:MyRedDice/Abacci Letter.
In 2002, "in an apparent response to criticism of its handling of a threatening letter from a Church of Scientology lawyer," Google began to make DMCA "takedown" letters public, posting such notices on the Chilling Effects archive (now Lumen), which archives legal threats made against Internet users and Internet sites. [108]
In April 2013, it was reported that Universal Music Group and YouTube have a contractual agreement that prevents content blocked on YouTube by a request from UMG from being restored, even if the uploader of the video files a DMCA counter-notice. When a dispute occurs, the uploader of the video has to contact UMG.
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]