DMCA Take Down Provision
Rossi v. MPAA: No Investigation Needed For DMCA Good Faith Takedown Notice
"[C]ase involving a DMCA notice and takedown request issued by the MPAA regarding internetmovies.com, a site maintained by Rossi. Rossi's site was taken down, despite the absence of infringing material. The court dismissed Rossi's suit against the MPAA, ruling that a copyright holder does not need to conduct an investigation in order to qualify as a good faith takedown request."
Math Class for Poets: SBC Botches a DMCA 17 U.S.C. sect. 512(c)/(g) Take-Down?
"Section 512 requires an ISP to take reasonable measures to notify the customer of what is going on. Personally, I have a hard time convincing myself that sending an e-mail to the address associated with the account is inherently unreasonable, but I think that it would be much better business practice to take the further step of trying to call or write to the customer. The ISP also needs to set up its policy so that it can restore the customer's data quickly. If the customer provides a counter notification under section 512(g), the ISP has to restore the data between 10 and 14 days later unless there is a court order to the contrary. If it doesn't, then it loses its safe harbor from any lawsuit the customer may file (presumably on a breach of contract theory). It's important for the ISP to have its act together all the way through the process. The take-down provisions do not intend for a customer acting in good faith to be completely ignored."
"[C]ase involving a DMCA notice and takedown request issued by the MPAA regarding internetmovies.com, a site maintained by Rossi. Rossi's site was taken down, despite the absence of infringing material. The court dismissed Rossi's suit against the MPAA, ruling that a copyright holder does not need to conduct an investigation in order to qualify as a good faith takedown request."
Math Class for Poets: SBC Botches a DMCA 17 U.S.C. sect. 512(c)/(g) Take-Down?
"Section 512 requires an ISP to take reasonable measures to notify the customer of what is going on. Personally, I have a hard time convincing myself that sending an e-mail to the address associated with the account is inherently unreasonable, but I think that it would be much better business practice to take the further step of trying to call or write to the customer. The ISP also needs to set up its policy so that it can restore the customer's data quickly. If the customer provides a counter notification under section 512(g), the ISP has to restore the data between 10 and 14 days later unless there is a court order to the contrary. If it doesn't, then it loses its safe harbor from any lawsuit the customer may file (presumably on a breach of contract theory). It's important for the ISP to have its act together all the way through the process. The take-down provisions do not intend for a customer acting in good faith to be completely ignored."
