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Digital Millennium Copyright Act - Wikipedia, the free encyclopedia how to remove us digital millennium copyright act

[ 40 ] See also [ edit ] Government of the United States portal Internet portal Economic concepts Protectionism Related US laws Copyright Term Extension Act (1998) Digital Performance Right in Sound Recordings Act (1995) Inducement rule NET Act , the "No Electronic Theft" Proposed US legislation BALANCE Act , Benefit Authors without Limiting Advancement or Net Consumer Expectations Act of 2003 Inducing Infringement of Copyrights Act (INDUCE) (introduced 2004) Pirate Act (introduced 2004) Digital Media Consumers' Rights Act (introduced 2003 & 2005) Digital Transition Content Security Act (introduced 2005) FAIR USE Act (introduced in 2007) Shelved US Legislation PROTECT IP Act (introduced in 2011, shelved indefinitely) Stop Online Piracy Act (SOPA) (introduced in 2011, shelved indefinitely) Related international law Bill C-60 ( Canada – proposed ) Bill C-61 ( Canada – proposed ) Bill C-32 ( Canada – proposed ) DADVSI ( France – Loi sur le Droit d'Auteur et les Droits Voisins dans la Société de l'Information ) Digital Economy Act 2010 ( United Kingdom ) EU Copyright Directive ( European Union ) [ 41 ] Protection of Broadcasts and Broadcasting Organizations how-to-remove-us-digital-millennium-copyright-act-rid-0.html. moncler baby outlet online Treaty ( proposed ) Proposed international law Anti-Counterfeiting Trade Agreement DMCA anti-circumvention cases 321 Studios v. Metro Goldwyn Mayer Studios, Inc. Chamberlain v. Skylink Facebook, Inc. v. Power Ventures, Inc. Lexmark Int'l v. Static Control Components Murphy v. Millennium Radio Group LLC Dmitry Sklyarov in United States v. ElcomSoft and Sklyarov Universal v. Reimerdes DMCA damages cases Stockwire Research Group, Inc., et al. v. Lebed, et al. DMCA notice-and-takedown issues Online Copyright Infringement Liability Limitation Act (OCILLA) (more information about the DMCA 512 takedown provisions) Lenz v. Universal Music Corp. References [ edit ] Litman, Jessica (2000). Digital Copyright . Berlin: Prometheus Books . p. 208. ISBN   1-57392-889-5 .   Notes ^ 17 U.S.C. 101 (defining "Pictorial, graphic and sculptural works" as "Such works shall include works of artistic craftsmanship insofar as their form but not their mechanical or utilitarian aspects are concerned; the design of a useful article, as defined in this section, shall be considered a pictorial, graphic, or sculptural work only if, and only to the extent that, such design incorporates pictorial, graphic, or sculptural features that can be identified separately from, and are capable of existing independently of, the utilitarian aspects of the article.") ^ "Vessel Hull Design Protection Act of 1997 (H.R. 2696)" , Statement of MaryBeth Peters, The Register of Copyrights, before the Subcommittee on Courts and Intellectual Property, Committee on the Judiciary, Oct. 23, 1997 ("It is a long-held view of the Office that a gap exists in legal protection for the designs of useful articles. Existing bodies of federal intellectual property law do not provide appropriate and practical coverage for such designs, while state law is largely preempted in this area. Consequently, while considerable investment and creativity may go into the creation of innovative designs, they often can be copied with impunity."). ^ See U.S. Copyright Office, Oct. 27, 2000, Rulemaking on Exemptions from Prohibition on Circumvention of Technological Measures that Control Access to Copyrighted Works, at U.S. Copyright Office , October 28, 2003, Rulemaking on Exemptions from Prohibition on Circumvention of Technological Measures that Control Access to Copyrighted Works, at http://www.copyright.gov/1201/2003/index.html  ; U.S. Copyright Office, Nov. 27, 2006, Rulemaking on Exemptions from Prohibition on Circumvention of Technological Measures that Control Access to Copyrighted Works,at http://www.copyright.gov/1201/2006/index.html ; U.S. Copyright Office, Jul. 26, 2010, Rulemaking on Exemptions from Prohibition on Circumvention of Technological Measures that Control Access to Copyrighted Works at http://www.copyright.gov/1201/ . ^ "Linking to infringing content is probably illegal in the US" . WebTVWire. 2006-09-12 . Retrieved 2006-10-12 .   ^ Sandoval, Greg (2009-08-11). "RealNetworks loses critical ruling in RealDVD case" . CNET.com . Retrieved 2011-11-12 .   ^ "Viacom sues Google over YouTube clips" . News.cnet.com. 2007-03-13 . Retrieved 2011-11-12 .   ^ Viacom Int'l Inc., et al., v. YouTube, Inc., et al. , Nos. 07-Civ-2103 (LLS), 07-Civ-3582 (LLS) Opinion and Order (S.D.N.Y. June 24, 2010). ^ Sandoval, Greg (June 23, 2010). "Google defeats Viacom in landmark copyright case" . cnet news (U.S.) . Retrieved June 23, 2010 .   ^ Davis, Wendy (April 6, 2012). "Appeals Court Gives Viacom Second Shot at YouTube" . U.S . Retrieved April 7, 2012 .   ^ Delaney, Kevin J. (June 29, 2006). "Veoh Faces Copyright Suit, A Test of Web Video" . The Wall Street Journal .   ^ Ali, Rafat (2006-06-28). "Test For Web Video? Veoh Faces Copyright Suit" . paidContent . Retrieved 2011-11-12 .   ^ posted on August 27th, 2008 (2008-08-27). "Transcoding Is Not A Crime, Says Court In Veoh Porn Case" . TechCrunch . Retrieved 2011-11-12 .   ^ [1] [ dead link ] ^ Cheng, Jacqui (2007-09-13). "Autodesk sued for $10 million after invoking DMCA to stop eBay resales" . Arstechnica.com . Retrieved 2011-11-12 .   ^ Lee, Timothy B. (2008-05-23). "Court smacks Autodesk, affirms right to sell used software" . Arstechnica.com . Retrieved 2011-11-12 .   ^ Anderson, Nate (2010-09-10). "No, you don't own it: Court upholds EULAs, threatens digital resale" . Arstechnica.com . Retrieved 2011-11-12 .   ^ Egelko, Bob (August 20, 2008). "Woman can sue over YouTube clip de-posting" . San Francisco Chronicle . Retrieved 2008-08-25 .   ^ " http://thepriorart.typepad.com/the_prior_art/files/Lenz.2.25.order.pdf " ^ Grady, John F. (27 July 2011). "Memorandum opinion" . Court rule in favour of plaintiff's motion for preliminary injunction . Retrieved 21 November 2011 .   ^ Samuels, Julie P.; Higgins, Parker (6 August 2012). "myVidster: A Victory for Innovation and a Vote for Sensible Copyright Law" . Electronic Frontier Foundation . Retrieved 8 August 2012 .   ^ Ouellette v. Viacom , Dist. Court, D. Montana (2011) ^ Sony follows up, officially sues Geohot and fail0verflow over PS3 jailbreak . Nilay Patel, Engadget (2011-01-12). Retrieved on 2011-02-16. ^ "Sony/Hotz settlement details surface" .   ^ "Sony and PlayStation 3 jailbreaker George Hotz settle out of court" .   ^ Carolyn Dalton and Antoine Aubert (6 March 2009). "Google submission on TCF Draft ISP Copyright Code of Practice" (PDF) . Retrieved 2009-10-14 .   ^ Laura Quilter and Jennifer Urban (2005). "Efficient Process or 「Chilling Effects」? Takedown Notices Under Section 512 of the Digital Millennium Copyright Act - Summary Report" . Retrieved 2009-10-14 .   ^ "Google submission hammers section 92A" . New Zealand PCWorld. 2009-03-16 . Retrieved 2009-03-19 .   ^ "ACP" .   ^ "vertical blanking interval" .   ^ "analog off" .   ^ "Analog Hole" . Electronic Frontier Foundation . Retrieved 2013-01-13 .   ^ "First Indictment Under Digital Millennium Copyright Act Returned Against Russian National" . Cybercrime.gov . Retrieved 2011-11-12 .   ^ "Adobe FAQ: ElcomSoft legal background" . Adobe.com . Retrieved 2011-11-12 .   ^ Farhad Manjoo (2001-08-07). "Sklyarov: A Huge Sigh of Release" . Wired.com . Retrieved 2011-11-12 .   ^ RIAA challenges SDMI attack 2002-01-07, Retrieved on 2007-02-26 ^ Ann Harrison (2001-08-13). "Video crypto standard cracked?" . Securityfocus.com . Retrieved 2011-11-12 .   ^ "Jacobsen v Katzer: Order Granting in Part and Denying in Part Plaintiff's Motion for Summary Judgement and Denying Defendants Motion for Partial Summary Judgement" . Retrieved 2010-05-29 .   ^ [2] ^ e.g. OdioWorks v. Apple [3] ^ "Unintended Consequences: Twelve Years under the DMCA" . Electronic Frontier Foundation . 2010-03.   ^ Iván Vargas Chaves. Evolución de la Responsabilidad Civil en Internet: Del Common Law al Derecho Comunitario Europeo . In: Reflexiones sobre Derecho Privado Patrimonial - Vol. II, University of Salamanca , Spain 2012. ISBN 978-84-940144-1-3 (Book Chapter), p. 565. External links [ edit ]

Works related to Digital Millennium Copyright Act at Wikisource

H.R. 2281 , DMCA U.S. Copyright Office summary of the DMCA ( PDF format) Title 17 of the U.S. Code , Cornell Law School Cybertelecom's DMCA information and background material A citizen's guide to the DMCA ChillingEffects.org , a clearinghouse of DMCA 512 notices and cease and desist letters Info on Dealing with Digital Copyrights Infringement including filing DMCA Notices Interview of Marcia Hoffman from the EFF on Lenz v. Universal DMCA lawsuit Seth Finkelstein, How To Win (DMCA) Exemptions And Influence Policy . The Electronic Frontier Foundation (EFF) page on the DMCA Unintended Consequences: Ten Years under the DMCA - EFF Media Copyrights Law In Your Pocket - The DMCA A Decade of the DMCA Desktop tool to discover and remove copyright-infringing downloads automatically, using DMCA notices Retrieved from " http://en.wikipedia.org/w/index.php?title=Digital_Millennium_Copyright_Act&oldid=556809882 " Categories : 1998 in law 1998 in the United States United States federal computer law legislation United States federal copyright legislation United States federal criminal legislation 105th United States Congress History of the Internet Internet in the United States Hardware restrictions Digital Millennium Copyright Act Hidden categories: All articles with dead external links Articles with dead external links from November 2011 Wikipedia indefinitely move-protected pages All articles with unsourced statements Articles with unsourced statements from January 2013 Articles with obsolete information from May 2013 All Wikipedia articles in need of updating Articles with unsourced statements from May 2012 Articles to be expanded from November 2008 All articles to be expanded Articles with unsourced statements from March 2011 Articles with dead external links from April 2013 Article Feedback 5 Additional Articles
how to remove us digital millennium copyright act

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moncler baby outlet online Four months after the video was originally uploaded, Universal Music Group , which owned the copyrights to the song, ordered YouTube to remove the video enforcing the Digital Millennium Copyright Act.

Lenz notified YouTube immediately that her video was within the scope of fair use, and demanded that it be restored. YouTube complied after six weeks—not two weeks, as required by the Digital Millennium Copyright Act—to see whether Universal planned to sue Lenz for infringement. Lenz then sued Universal Music in California for her legal costs, claiming the music company had acted in bad faith by ordering removal of a video that represented fair use of the song. [52]

In August 2008, U.S. District Judge Jeremy Fogel of San Jose, California ruled that copyright holders cannot order a deletion of an online file without determining whether that posting reflected "fair use" of the copyrighted material.

On February 25, 2010, Judge Fogel issued a ruling rejecting several of Universal's affirmative defenses, including the defense that Lenz suffered no damages. [53]

Flava Works Inc. v. Gunter Main article: Flava Works Inc. v. Gunter

In the case of Flava Works Inc. v. Gunter the court denied the defendant safe harbour protection under DMCA 17 U.S.C.   § 512 . The district court found that the defendant had knowledge of its users' infringing activity and also failed to prevent future infringing activity. As such the plaintiff's motion for preliminary injunction was granted. [54] On appeal, however, the Seventh Circuit vacated the injunction, citing the standard set in eBay Inc. v. MercExchange, L.L.C. , which states that courts should not rely on categorical rules as a standard for injunction. [55]

Ouellette v. Viacom International Inc. Main article: Ouellette v. Viacom International Inc.

In this case of Ouellette v. Viacom International Inc., the court denied plaintiff's attempt to find liability for YouTube and Myspace's takedowns of the plaintiff's homemade videos. Despite potential fair use claims, the court found it impossible to use the DMCA takedown provisions as a foundation for liability. The court found that the safe harbor provision serves "to limit the liability of internet service providers, not to create liability that could not otherwise be imposed under existing law independent of the DMCA." [56]

Sony v. George Hotz Main article: Sony Computer Entertainment America v. George Hotz

In January 2011, Sony Computer Entertainment sued George Hotz over violating the Section 1201 of the Digital Millennium Copyright Act as well as the Federal Fraud and Abuse Act due to facilitating consumers to jailbreak their PlayStation 3 consoles. [57] Hotz argued that because he had purchased the product, he had the right to do with it as he pleased. After three months, Sony and Hotz decided to settle out of court. This also included an injunction against George Hotz, barring him from hacking any more Sony products. [58] [59]

Automattic, Inc. and Oliver Hotham v. Nick Steiner

In 2013, Oliver Hotham wrote an article on WordPress (owned by Automattic, Inc.) critical of Straight Pride UK that included material from a press release sent to him by Straight Pride UK's press officer, Nick Steiner. 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. In 2015, the court issued a default judgment in favor of WordPress and Hotham in the amount of $25,084. [60]

Criticisms Abuse of takedown notice

Music companies have urged Google to prevent searches of copyright infringing material by sending them a multitude of takedown notices, but despite these efforts, many top search results on Google are still these materials in question. The DMCA also includes the safe harbor provision which protects websites from taking blame when it comes to copyright takedowns. Some websites are profiting from the violation of copyrights but because of this loophole they are not held responsible. [61]

Google asserted misuse of the DMCA in a filing concerning New Zealand's copyright act, [62] quoting results from a 2005 study by California academics Laura Quilter and Jennifer Urban based on data from the Chilling Effects clearinghouse. [63] Takedown notices targeting a competing business made up over half (57%) of the notices Google has received, the company said, and more than one-third (37%), "were not valid copyright claims." [64]

Currently there are three main abuses of the DMCA. First, takedown notices supersede the fair use doctrine which goes against the freedom of speech act. Second, if the person sending the takedowns do not own the copyright to the material they are claiming, the legitimate owner’s copyrights are then violated for 10–14 days while the takedown notice is processed. Third, the DMCA has been used to invoke censorship rather than to protect legitimate copyright holder’s rights online. [65]

Abuse of the anti-circumvention provision

In 2015 Volkswagen abused the DMCA to hide their vehicles emissions cheat. [66] It has been suggested that had the DMCA not prevented access to the software "..a researcher with legal access to Volkswagen's software could have discovered the code that changed how the cars behave in testing.." [67]

Effect on analog video equipment

Analog Copy Protection (ACP) , the encryption technology created by Rovi Corporation (formerly Macrovision), is designed to thwart users' attempts to reproduce content via analog cables. When a DVD is played through an analog video cable and recorded using a VCR , Rovi's ACP technology will distort the copy partially or completely. [68]

The technology works by adding additional lines to the video signal. In the NTSC video standard, blank lines ( vertical blanking intervals ) that the user cannot see are used for functions like closed captioning. Rovi Corporation uses these blank lines to implement its ACP technology. [69]

The implementation of ACP has been ill-regarded by some video enthusiasts. Many claim that the technology has led to signal issues with VCRs and analog video equipment. Some VCRs misread the encryption used to prevent copying, distorting the video image regardless of whether the recording is original or a copy.

The DMCA has been criticized for forcing all producers of analog video equipment to support the proprietary copy protection technology of Rovi Corporation, a commercial firm. [ citation needed ] The producers of video equipment are forced by law to support and implement the corporation's proprietary technology. [ citation needed ] This benefits Rovi Corporation financially, whereas those forced to implement it receive neither profit nor compensation. [70]

Additionally, some criticize the implementation of ACP as a violation of their fair use rights. A recently developed TV-streaming product called the Slingbox uses analog signals to convey video from television to a mobile device. However, the encryption used by ACP blocks analog transmission, rendering the Slingbox unusable. Additionally ACP blocks the use of recording for educational purposes. On one or more accounts, students have not been able to cite and record cable sources properly due to ACP restrictions. [71]

Effect on research Main article: Digital rights management

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 development of anti-DRM measures. [72] While working for ElcomSoft in Russia, he developed The Advanced eBook Processor , a software application allowing users to strip usage restriction information from restricted e-books , an activity legal in both Russia and the United States. [73] Paradoxically, under the DMCA, it is not legal in the United States to provide such a tool. Sklyarov was arrested in the United States after presenting a speech at DEF CON and subsequently spent nearly a month in jail. [74] The DMCA has also been cited as chilling to legitimate users, such as students of cryptanalysis (including, in a well-known instance, Professor Edward Felten and students at Princeton ), [75] and security consultants such as Niels Ferguson , who has declined to publish information about vulnerabilities he discovered in an Intel secure-computing scheme because of his concern about being arrested under the DMCA when he travels to the U.S. [76]

Effect on innovation and competition

In at least one court case, the DMCA has been used by open source software projects to defend against conversion of software (i.e., license violations) that involved removal of copyright notices. [77] This defense can be used even without timely copyright registration , and can generate attorney fee awards, which together make it a useful strategy for open source organizations.

Reform and opposition

There have been several Congressional efforts to modify the Act. The Unlocking Technology Act of 2013 was introduced to attempt to exempt non-infringing uses from the anti-circumvention clause. [78] However, the bill was not passed by Congress. In 2014, the Unlocking Consumer Choice and Wireless Competition Act was passed, granting a specific exemption for unlocking cell phones, without affecting the other provisions of the DMCA.

Bills in 2015 included the Unlocking Technology Act of 2015, [79] and the Breaking Down Barriers to Innovation Act of 2015. [80] Republicans are considering legislation as well, as it becomes clear that Section 1201 is impeding the country's security. Facing escalating numbers of cyberthreats, cybersecurity researchers petitioned to conduct research to keep pace with evolving cybersecurity risks and vulnerabilities, stating: "Without such an exemption, security risks will lie unaddressed and the public will be substantially less safe." [81] The bills are intended to address the fact that section 1201 prevents circumvention even when doing so is not copyright infringement. In addition, the section requires exemption proponents to bear the burden of proof every time their exemption comes up for triennial review, instead of there being a presumption of renewal for an exemption whose importance was previously proven.

Rick Boucher , a congressman from Virginia, led previous efforts by introducing the Digital Media Consumers' Rights Act (DMCRA).

A prominent bill related to the DMCA is the Consumer Broadband and Digital Television Promotion Act (CBDTPA), known in early drafts as the Security Systems and Standards Certification Act (SSSCA). This bill, if it had passed, would have dealt with the devices used to access digital content and would have been even more restrictive than the DMCA. [ vague ]

On the fifth anniversary of the DMCA, and several times afterwards, the Electronic Frontier Foundation documented harmful consequences of the anti-circumvention provisions. [82] They document that the DMCA:

Stifles free expression, such as in its use against Russian programmer Dmitry Sklyarov , Princeton Professor Edward Felten , and journalists; Jeopardizes fair use ; Impedes competition, such as blocking aftermarket competition in toner cartridges, garage door openers, and enforcing walled gardens around the iPod ; [83] and Interferes with computer intrusion laws. [84]

In July 2016, the Electronic Frontier Foundation sued the US government alleging that Section 1201 violates the First Amendment . [85]

The Electronic Frontier Foundation strongly dislikes the effects of the Sonny Bono Copyright Term Extension Act , specifically the extension of time for the protection of creations. [86] They cite Rufus Pollock 's study on optimal copyright term length. He found that copyright works best only when the amount of time protected is fourteen years. [87] The EFF also makes the argument that all the side effects of the Sonny Bono Copyright Term Extension Act are negative for all parties except media companies. Therefore, it only helps the big media companies. [86]

See also Government of the United States portal Internet portal Proposed international law Anti-Counterfeiting Trade Agreement DMCA anti-circumvention cases 321 Studios v. Metro Goldwyn Mayer Studios, Inc. Chamberlain v. Skylink Facebook, Inc. v. Power Ventures, Inc. Lexmark Int'l v. Static Control Components Murphy v. Millennium Radio Group LLC Dmitry Sklyarov in United States v. ElcomSoft and Sklyarov Universal v. Reimerdes DMCA damages cases Stockwire Research Group, Inc., et al. v. Lebed, et al. DMCA notice-and-takedown issues Online Copyright Infringement Liability Limitation Act (OCILLA) (more information about the DMCA 512 takedown provisions) Lumen (clearinghouse for DMCA takedowns) Lenz v. Universal Music Corp. Economic concepts Protectionism Related US laws Copyright Term Extension Act (1998) Digital Performance Right in Sound Recordings Act (1995) Inducement rule NET Act , the "No Electronic Theft" Proposed US legislation BALANCE Act , Benefit Authors without Limiting Advancement or Net Consumer Expectations Act of 2003 Inducing Infringement of Copyrights Act (INDUCE) (introduced 2004) Pirate Act (introduced 2004) Digital Media Consumers' Rights Act (introduced 2003 & 2005) Digital Transition Content Security Act (introduced 2005) FAIR USE Act (introduced in 2007) Shelved US Legislation PROTECT IP Act (introduced in 2011, shelved indefinitely) Stop Online Piracy Act (SOPA) (introduced in 2011, shelved indefinitely) Related international law Bill C-60 ( Canada – proposed ) Bill C-61 ( Canada – proposed ) Bill C-32 ( Canada – proposed ) DADVSI ( France – Loi sur le Droit d'Auteur et les Droits Voisins dans la Société de l'Information ) Digital Economy Act 2010 ( United Kingdom ) EU Copyright Directive ( European Union ) [88] Protection of Broadcasts and Broadcasting Organizations Treaty ( proposed ) References Litman, Jessica (2000). Digital Copyright . Berlin: Prometheus Books . p. 208. ISBN   1-57392-889-5 .  

Notes

^ DMCA p7. ^ United States Code (2010) Title 17 CHAPTER 5, COPYRIGHT INFRINGEMENT AND REMEDIES, Sec. 506 – Criminal offenses ^ Band, Jonathan; Katoh, Masanobu (2011). Interfaces on Trial 2.0 . MIT Press. p.  92 . ISBN   978-0-262-01500-4 .   ^ Cullins, Ashley Music Industry A-Listers Call on Congress to Reform Copyright Act Hollywood Reporter . April 5, 2016 ^ 17 U.S.C. 101 (defining "Pictorial, graphic and sculptural works" as "Such works shall include works of artistic craftsmanship insofar as their form but not their mechanical or utilitarian aspects are concerned; the design of a useful article, as defined in this section, shall be considered a pictorial, graphic, or sculptural work only if, and only to the extent that, such design incorporates pictorial, graphic, or sculptural features that can be identified separately from, and are capable of existing independently of, the utilitarian aspects of the article.") ^ "Vessel Hull Design Protection Act of 1997 (H.R. 2696)" , Statement of MaryBeth Peters, The Register of Copyrights, before the Subcommittee on Courts and Intellectual Property, Committee on the Judiciary, Oct. 23, 1997 ("It is a long-held view of the Office that a gap exists in legal protection for the designs of useful articles. Existing bodies of federal intellectual property law do not provide appropriate and practical coverage for such designs, while state law is largely preempted in this area. Consequently, while considerable investment and creativity may go into the creation of innovative designs, they often can be copied with impunity."). ^ "Section 1201 Study" . U.S. Copyright Office . 2015.   ^ "Docket Browser: Request for Public Comments: Digital Millennium Copyright Act, Access to Copyrighted Works" .   ^ David Oster (March 4, 2016). "Initial Comments - David Oster" .   ^ Allan R. Adler; Benjamin S. Sheffner (April 1, 2016). "Reply Comments of: Association of American Publishers, Motion Picture Association of America, Recording Industry Association of America" .   ^ Dennis E. Meissner; Nancy Beaumont (February 18, 2016). "Comments Of The Society Of American Archivists" .   ^ Kyle Wiens (March 3, 2016). "Comments of iFixit" .   ^ Harley Geiger (March 3, 2016). "Rapid7, Bugcrowd, & HackerOne Joint Comments to US Copyright Office Section 1201 Study" .   ^ Andrew F. Sellars (March 3, 2016). "Comment of the Cyberlaw Clinic at Harvard Law School" .   ^ Steve Noble (February 25, 2016). "Initial Comments - Learning Disabilities Association of America" .   ^ Stanley Pierre-Louis; Ben Golant; Steven K. Englund (March 3, 2016). "Initial Comments - Entertainment Software Association" .   ^ Stanley Pierre-Louis; Ben Golant; Steven K. Englund (April 1, 2016). "Reply Comments - Entertainment Software Association" .   ^ Catherine R. Gellis (February 16, 2015). "Initial Comments - R Street Institute" .   ^ Emily Feltren (February 26, 2016). "Initial Comments - American Association of Law Libraries" .   ^ Christian Troncoso (March 3, 2016). "Initial Comments - BSA The Software Alliance" .   ^ Jessica L. Simmons; Steven J. Metalitz (March 2, 2016). "Reply Comments - Alliance of Automobile Manufacturers" .   ^ Jessica L. Simmons; Steven J. Metalitz (March 30, 2016). "Reply Comments - Alliance of Automobile Manufacturers" .   ^ Jonathan Band; Jessica Sebeok (March 6, 2016). "Comments Of The Association Of American Universities, The American Council On Education, The Association Of Public And Land-Grant Universities, And Educause On Section 1201 Of The Digital Millennium Copyright Act" .   ^ Terry Hart (March 3, 2016). "Initial Comments - Copyright Alliance 1201 Study Comments final" .   ^ Keith Kupferschmid (April 1, 2016). "Reply Comments - Copyright Alliance 1201 Study" .   ^ Eugene H. Spafford; Paul Hyland (March 3, 2016). "Initial Comments - ACM US Public Policy Council" .   ^ Christopher A. Mohr (March 3, 2016). "Initial Comments of the Software and Information Industry Association" .   ^ Christopher A. Mohr (April 1, 2016). "Reply Comments of the Software and Information Industry Association" .   ^ Bruce H. Turnbull; David Jonathan Taylor (March 3, 2016). "Joint Comments Of The Dvd Copy Control Association And The Advanced Access Content System Licensing Administrator, Llc" .   ^ Dave Green (March 3, 2016). "Initial Comments - Microsoft Corporation" .   ^ Morgan Reed (March 3, 2016). "ACT Comments re USCO Sec 1201 Study v4" .   ^ Raza Panjwani; Charles Duan; Kerry Sheehan (March 4, 2016). "Section 1201 Comments for Copyright Office" .   ^ Kerry Maeve Sheehan; Raza Panjwani; John Bergmayer; Charles Duan (April 2, 2016). "Reply Comments of Public Knowledge" .   ^ Jill Ingrassia (April 1, 2016). "Reply Comments of AAA (American Automobile Association)" .   ^ See U.S. Copyright Office, Oct. 27, 2000, Rulemaking on Exemptions from Prohibition on Circumvention of Technological Measures that Control Access to Copyrighted Works, at U.S. Copyright Office , October 28, 2003, Rulemaking on Exemptions from Prohibition on Circumvention of Technological Measures that Control Access to Copyrighted Works, at http://www.copyright.gov/1201/2003/index.html  ; U.S. Copyright Office, Nov. 27, 2006, Rulemaking on Exemptions from Prohibition on Circumvention of Technological Measures that Control Access to Copyrighted Works,at "Archived copy" . Archived from the original on 2013-11-23 . Retrieved 2014-03-22 .   ; U.S. Copyright Office, Jul. 26, 2010, Rulemaking on Exemptions from Prohibition on Circumvention of Technological Measures that Control Access to Copyrighted Works at http://www.copyright.gov/1201/ . ^ "Federal Register | Exemption to Prohibition on Circumvention of Copyright Protection Systems for Access Control Technologies" (PDF) . www.federalregister.gov . Retrieved 2016-04-04 .     This article incorporates text from this source, which is in the public domain . ^ "Federal Register | Exemption to Prohibition on Circumvention of Copyright Protection Systems for Access Control Technologies" . www.federalregister.gov . Retrieved 2016-01-26 .   ^ "Linking to infringing content is probably illegal in the US" . WebTVWire. 2006-09-12 . Retrieved 2006-10-12 .   ^ Sandoval, Greg (2009-08-11). "RealNetworks loses critical ruling in RealDVD case" . CNET.com . Retrieved 2011-11-12 .   ^ "Viacom sues Google over YouTube clips" . News.cnet.com. 2007-03-13 . Retrieved 2011-11-12 .   ^ Viacom Int'l Inc., et al., v. YouTube, Inc., et al. , Nos. 07-Civ-2103 (LLS), 07-Civ-3582 (LLS) Opinion and Order (S.D.N.Y. June 24, 2010). ^ Sandoval, Greg (June 23, 2010). "Google defeats Viacom in landmark copyright case" . cnet news . U.S . Retrieved June 23, 2010 .   ^ Davis, Wendy (April 6, 2012). "Appeals Court Gives Viacom Second Shot at YouTube" . U.S . Retrieved April 7, 2012 .   ^ Delaney, Kevin J. (June 29, 2006). "Veoh Faces Copyright Suit, A Test of Web Video" . The Wall Street Journal .   ^ Ali, Rafat (2006-06-28). "Test For Web Video? Veoh Faces Copyright Suit" . paidContent . Retrieved 2011-11-12 .   ^ August 27th, 2008 (2008-08-27). "Transcoding Is Not A Crime, Says Court In Veoh Porn Case" . TechCrunch . Retrieved 2011-11-12 .   ^ "Content sharing company Qlipso buys Veoh" (Apr 9, 2010) Athena Information Solutions Pvt. Ltd. ^ "UMG v. Veoh: victory has never been so pyrrhic " (Dec 22, 2011) Engadget, Newstex ^ Cheng, Jacqui (2007-09-13). "Autodesk sued for $10 million after invoking DMCA to stop eBay resales" . Arstechnica.com . Retrieved 2011-11-12 .   ^ Lee, Timothy B. (2008-05-23). "Court smacks Autodesk, affirms right to sell used software" . Arstechnica.com . Retrieved 2011-11-12 .   ^ Anderson, Nate (2010-09-10). "No, you don't own it: Court upholds EULAs, threatens digital resale" . Arstechnica.com . Retrieved 2011-11-12 .   ^ Egelko, Bob (August 20, 2008). "Woman can sue over YouTube clip de-posting" . San Francisco Chronicle . Retrieved 2008-08-25 .   ^ Lenz v. Universal Music Corp. ^ Grady, John F. (27 July 2011). "Memorandum opinion" (PDF) . Court rule in favour of plaintiff's motion for preliminary injunction . Retrieved 21 November 2011 .   ^ Samuels, Julie P.; Higgins, Parker (6 August 2012). "myVidster: A Victory for Innovation and a Vote for Sensible Copyright Law" . Electronic Frontier Foundation . Retrieved 8 August 2012 .   ^ Ouellette v. Viacom , Dist. Court, D. Montana (2011) ^ Sony follows up, officially sues Geohot and fail0verflow over PS3 jailbreak . Nilay Patel, Engadget (2011-01-12). Retrieved on 2011-02-16. ^ "Sony/Hotz settlement details surface" .   ^ "Sony and PlayStation 3 jailbreaker George Hotz settle out of court" .   ^ Van der Sar, Ernesto. "WordPress Wins $25,000 From DMCA Takedown Abuser" , TorrentFreak.com, March 5, 2015 ^ Van der Sar, Ernesto (April 1, 2016). "Music Industry: DMCA Copyright Law is Obsolete and Harmful" . TorrentFreak .   ^ Carolyn Dalton; Antoine Aubert (6 March 2009). "Google submission on TCF Draft ISP Copyright Code of Practice" (PDF) . Retrieved 2009-10-14 .   ^ Laura Quilter and Jennifer Urban (2005). "Efficient Process or 「Chilling Effects」? Takedown Notices Under Section 512 of the Digital Millennium Copyright Act - Summary Report" (PDF) . Retrieved 2009-10-14 .   ^ "Google submission hammers section 92A" . New Zealand PCWorld. 2009-03-16 . Retrieved 2009-03-19 .   ^ Cobia, Jeffrey (2008). "The Digital Millennium Copyright Act Takedown Notice Procedure: Misuses, Abuses, and Shortcomings of the Process" . Minnesota Journal of Law, Science & Technology . 1: 391–393 – via Hein Online.   ^ Researchers Could Have Uncovered Volkswagen's Emissions Cheat If Not Hindered by the DMCA | Electronic Frontier Foundation ^ Wired ^ "ACP" .   ^ "Vertical blanking interval" .   ^ "Analog Off" . Publicknowledge.org .   ^ "Analog Hole" . Electronic Frontier Foundation . Retrieved 2013-01-13 .   ^ "First Indictment Under Digital Millennium Copyright Act Returned Against Russian National" . Cybercrime.gov. Archived from the original on October 17, 2011 . Retrieved 2011-11-12 .   ^ "Adobe FAQ: ElcomSoft legal background" . Adobe.com . Retrieved 2011-11-12 .   ^ Farhad Manjoo (2001-08-07). "Sklyarov: A Huge Sigh of Release" . Wired.com. Archived from the original on 2014-03-24 . 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March 2010.   ^ EFF sues US government to void 'onerous' copyright rules ^ a b Lunney, Glynn S. (2001). "The Death of Copyright: Digital Technology, Private Copying, and the Digital Millennium Copyright Act" . Virginia Law Review . 87 (5): 813–920. doi : 10.2307/1073857 .   ^ Pollock, Rufus (June 15, 2009). "Forever Minus a Day? Calculating Optimal Copyright Term" (PDF) .   ^ Iván Vargas Chaves. Evolución de la Responsabilidad Civil en Internet: Del Common Law al Derecho Comunitario Europeo . In: Reflexiones sobre Derecho Privado Patrimonial - Vol. II, University of Salamanca , Spain 2012. ISBN 978-84-940144-1-3 (Book Chapter), p. 565. External links

Works related to Digital Millennium Copyright Act at Wikisource

H.R. 2281 , DMCA U.S. Copyright Office summary of the DMCA ( PDF format) Wikimediafoundation.org Title 17 of the U.S. Code , Cornell Law School Cybertelecom's DMCA information and background material A citizen's guide to the DMCA Info on Dealing with Digital Copyrights Infringement including filing DMCA Notices Interview of Marcia Hoffman from the EFF on Lenz v. Universal DMCA lawsuit Seth Finkelstein, How To Win (DMCA) Exemptions And Influence Policy . The Electronic Frontier Foundation (EFF) page on the DMCA Unintended Consequences: Ten Years under the DMCA - EFF Media Copyrights Law In Your Pocket - The DMCA A Decade of the DMCA A web-based tool for identifying the owners and operators of websites with infringing content

Digital Millennium Copyright Act   It is our policy to respond to clear notices of alleged copyright infringement. This response describes the information that should be present in these notices. We may also document notices of alleged infringement on which we act. Provide information reasonably sufficient to permit us to contact you. ARYAN ICT Solutions, LLC .requires DMCA notices to be filed via E-mail. The complaint must include full contact information in the complaint (including phone number). We will call and verify. Email (unless digitally signed by a verified and trusted third party) is not an acceptable medium for legal complaints. This ticket system has received what appears to be a possible DMCA complaint, but one or more of the following are missing: (a) the complaint does not contain sufficient information (b) the format of the complaint is inconsistent with the requirements of the DMCA (c) the complaint has been submitted via email without proper authentication (d) full contact information is missing. We will need you to re-submit your claim, using the proper format, including sufficient details, via postal mail or fax. Instructions on how to do so follow. It is our policy to respond to clear notices of alleged copyright infringement. This response describes the information that should be present in these notices. It is designed to make submitting notices of alleged infringement to us as straightforward as possible while reducing the number of notices that we receive that are fraudulent or difficult to understand or verify. The form of notice specified below is consistent with the form suggested by the United States Digital Millennium Copyright Act (the text of which can be found at the U.S. Copyright Office Web Site, http://www.copyright.gov) but we will respond to notices of this form from other jurisdictions as well. To file a notice of infringement with us, you must provide a written communication that sets forth the items specified below. Please note that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that a product or activity is infringing your copyrights. Accordingly, if you are not sure whether material available online infringes your copyright, we suggest that you first contact an attorney. To expedite our ability to process your request, please use the following format (including section numbers): Identify in sufficient detail the copyrighted work that you believe has been infringed upon (for example, "The copyrighted work at issue is the text that appears on http://www./terms") or other information sufficient to specify the copyrighted work being infringed (for example, "The copyrighted work at issue is ?Intellectual Property: Valuation, Exploitation, and Infringement Damages? by Gordon V. Smith, published by Wiley, ISBN #047168323X"). Identify the material that you claim is infringing the copyrighted work listed in item #1 above. You must identify each web page that allegedly contains infringing material. This requires you to provide the URL for each allegedly infringing result, document, or item. An example:     Infringing Web Pages:     http://www.thewebsite.com/directory/     http://www.thewebsite.com/something/blah.html     Provide information reasonably sufficient to permit us to contact you.     Provide information, if possible, sufficient to permit us to notify the owner/administrator of the allegedly infringing webpage or other content (email address is preferred). Include the following statement: "I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law." Include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."     Sign the paper.     Email with Digital Signature to: abuse [a] , [Attn: Abuse Department, DMCA Complaint] Regardless of whether we may be liable for such infringement under local country law or United States law, we may respond to these notices by removing or disabling access to material claimed to infringe and/or terminating users of our services. If we remove or disable access in response to such a notice, we will make a good-faith attempt to contact the owner or administrator of the affected site or content so that the owner or administrator may make a counter notification. We may also document notices of alleged infringement on which we act. As with all legal notices, a copy of the notice may be made available to the public and sent to one or more third parties who may make it available to the public. In order to ensure that copyright owners do not wrongly insist on the removal of materials that actually do not infringe their copyrights, the safe harbor provisions require service providers to notify the subscribers if their materials have been removed and to provide them with an opportunity to send a written notice to the service provider stating that the material has been wrongly removed. [512(g)] If a subscriber provides a proper "counter-notice" claiming that the material does not infringe copyrights, the service provider must then promptly notify the claiming party of the individual's objection. [512(g)(2)] If the copyright owner does not bring a lawsuit in district court within 14 days, the service provider is then required to restore the material to its location on its network. [512(g)(2)(C)] If it is determined that the copyright holder misrepresented its claim regarding the infringing material, the copyright holder then becomes liable to the OSP for any damages that resulted from the improper removal of the material. [512(f)]