The Second Circuit Court of Appeals handed down opinions on June 16th with two important implications—one that looks like legislating from the bench by ignoring Section 301(c) of the Copyright Act and another that appears to create a split with the Ninth Circuit over interpretation of what’s called “red flag” knowledge referring to § 512(c) of the DMCA. The case ...
Image from Pond5 I read several complaints on Twitter and in various blog posts from OSP representatives and copyright critics that last month’s USCO-hosted discussions in San Francisco about Section 512 were not very productive and that the rights holders are not being reasonable. I cannot comment on tone or details as I was not there. But I do think ...
I was told by a colleague who attended the Section 512 round tables in San Francisco that a consistent response from representatives of the OSPs was that anecdotes about harm to rights holders from piracy or YouTube-style infringement are not sufficient. “We need data,” was apparently an oft-repeated imperative. This is funny because that same crowd loves anecdotes about abuse ...
In the last week of March, you might have seen a headline or two announcing that 30% of DMCA takedown requests are questionable. And since we don’t always read beyond headlines these days, these declarations happened to be conveniently-timed for the internet industry as the April 1 deadline approached for submitting public comments to the Copyright Office regarding potential revision ...
A couple of posts ago, I reported that the organization Fight for the Future had facilitated enough comments sent to the Copyright Office regarding Section 512 of the DMCA that they “crashed” the servers. In a follow-up email brimming with pride, the organization said this to those who contributed: “Wow! In a matter of days you and nearly 100,000 other ...
