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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.
Like the original notification, the counter notification include specific elements: [10] The subscriber's name, address, phone number and physical or electronic signature. Identification of the material and its location before removal. A statement under penalty of perjury that the material was removed by mistake or misidentification.
The anti-circumvention provisions in Section 1201 of the DMCA have seen some challenges in the courts but which have generally been upheld. While initially the challenges were focused on clear applications to software-based access control products, some cases considered how the DMCA also extended to hardware-based access controls.
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 ...
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.
17 U.S.C. § 512 of the DMCA grants safe harbor (immunity) to service providers that follow the DMCA's takedown procedure. [6] The plaintiff sent counter notices to defendants that he alleged were complete except for minor errors due to his dyslexia. [4]
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Ozimals filed a DMCA takedown notice to Linden Research, the makers of Second life, claiming that Amaretto's horse infringed on their bunnies and demanding their removal. Consequently, Amaretto responded with a counter-DMCA notice and applied to the court for a temporary restraining order to forbid Linden Research from removing their virtual ...