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This is incorrect. The ISP must act expeditiously. The ten-day period refers to the counter notification procedure described in Section 512(g) after the infringing material has been removed, offering them an opportunity to counter the allegations presented to the ISP not during the stage of the so-called "take down" procedure.
In 2001 the Electronic Frontier Foundation launched a collaborative clearinghouse for notice and takedown requests, known as Chilling Effects. [23] Researchers have been using the clearinghouse to study the use of cease-and-desist demands, primarily looking at DMCA 512 takedown notices, but also non-DMCA copyright issues, and trademark claims.
Steiner sent WordPress a DMCA takedown notice claiming that Hotham's article infringed their copyright. WordPress and Hotham sued in a federal District Court in California, under §512(f) of the DMCA, claiming that the takedown notice was fraudulent, and that the takedown cost the plaintiffs time, lost work and attorneys' fees.
Lenz in turn sent YouTube a counter-notification, claiming fair use and requesting that the video be reposted. 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]
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 ...
The DMCA states four safe harbors: (a) Transitory network communications (b) System caching (c) Information storage and (d) Information location tools. [16] The last three have so called “notice & take down” rules for specificity in notice of infringement, counter-notice and put-back and liability if false notice has been given.
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]
Operation In Our Sites is an ongoing effort by the U.S. government's National Intellectual Property Rights Coordination Center to detect and hinder intellectual property violations on the Internet.