Comments on: The Need for DMCA Transparency http://www.plagiarismtoday.com/2008/03/20/the-need-for-dmca-transparency/ Content Theft, Plagiarism, Copyright Infringement Sat, 20 Mar 2010 01:12:29 +0000 http://wordpress.org/?v=abc hourly 1 By: Chilling Effects Roars Back to Life | PlagiarismTodayhttp://www.plagiarismtoday.com/2008/03/20/the-need-for-dmca-transparency/comment-page-1/#comment-125488 Chilling Effects Roars Back to Life | PlagiarismToday Tue, 12 May 2009 16:45:35 +0000 http://www.plagiarismtoday.com/2008/03/20/the-need-for-dmca-transparency/#comment-125488 [...] written before about the need for improved transparency in the DMCA process. As a believer that the DMCA process is, overall, a good idea that serves both copyright holders [...] [...] written before about the need for improved transparency in the DMCA process. As a believer that the DMCA process is, overall, a good idea that serves both copyright holders [...]

]]> By: DMCA Takedown Fail - PlagiarismTodayhttp://www.plagiarismtoday.com/2008/03/20/the-need-for-dmca-transparency/comment-page-1/#comment-124153 DMCA Takedown Fail - PlagiarismToday Tue, 06 Jan 2009 18:16:04 +0000 http://www.plagiarismtoday.com/2008/03/20/the-need-for-dmca-transparency/#comment-124153 [...] written before about the need for greater DMCA transparency and I think that Chilling Effects can be a large part of the solution. Howver, being part of the [...] [...] written before about the need for greater DMCA transparency and I think that Chilling Effects can be a large part of the solution. Howver, being part of the [...]

]]> By: Arborlawhttp://www.plagiarismtoday.com/2008/03/20/the-need-for-dmca-transparency/comment-page-1/#comment-96494 Arborlaw Fri, 28 Mar 2008 09:41:58 +0000 http://www.plagiarismtoday.com/2008/03/20/the-need-for-dmca-transparency/#comment-96494 I agree with Jonathan, any system of this sort is going to fail from lack of participation. There are very real legal consequences to making a DMCA takedown letter public. A DMCA letter is a legal threat. It makes statements about someone else's actions. Statements made to third parties which come across as factual, and which are incorrect, can be either slander or libel and subject the maker of the statement to possible court action for one of these. If the result has adverse consequences in an ongoing commercial relationship (for example, a web host wrongly terminates a hosting relationship due to a complaint) then the maker of the statement could be liable for tortious interference with contract. If there were some way to require disclosure of all this, a lot of people would go out of the hosting business, immediately.DMCA takedowns just as frequently backfire as they do succeed. I have an article on the adverse consequences of making a bad takedown demand <a href="http://arborlaw.biz/blog/2008/02/05/dmca-takedowns-and-cd/" rel="nofollow">here</a>.Carol Shepherd Arborlaw PLC I agree with Jonathan, any system of this sort is going to fail from lack of participation. There are very real legal consequences to making a DMCA takedown letter public. A DMCA letter is a legal threat. It makes statements about someone else’s actions. Statements made to third parties which come across as factual, and which are incorrect, can be either slander or libel and subject the maker of the statement to possible court action for one of these. If the result has adverse consequences in an ongoing commercial relationship (for example, a web host wrongly terminates a hosting relationship due to a complaint) then the maker of the statement could be liable for tortious interference with contract. If there were some way to require disclosure of all this, a lot of people would go out of the hosting business, immediately.

DMCA takedowns just as frequently backfire as they do succeed. I have an article on the adverse consequences of making a bad takedown demand here.

Carol Shepherd
Arborlaw PLC

]]> By: Arborlawhttp://www.plagiarismtoday.com/2008/03/20/the-need-for-dmca-transparency/comment-page-1/#comment-121499 Arborlaw Fri, 28 Mar 2008 09:41:58 +0000 http://www.plagiarismtoday.com/2008/03/20/the-need-for-dmca-transparency/#comment-121499 I agree with Jonathan, any system of this sort is going to fail from lack of participation. There are very real legal consequences to making a DMCA takedown letter public. A DMCA letter is a legal threat. It makes statements about someone else's actions. Statements made to third parties which come across as factual, and which are incorrect, can be either slander or libel and subject the maker of the statement to possible court action for one of these. If the result has adverse consequences in an ongoing commercial relationship (for example, a web host wrongly terminates a hosting relationship due to a complaint) then the maker of the statement could be liable for tortious interference with contract. If there were some way to require disclosure of all this, a lot of people would go out of the hosting business, immediately.<br><br>DMCA takedowns just as frequently backfire as they do succeed. I have an article on the adverse consequences of making a bad takedown demand <a href="http://arborlaw.biz/blog/2008/02/05/dmca-takedowns-and-cd/" rel="nofollow">here</a>.<br><br>Carol Shepherd<br>Arborlaw PLC I agree with Jonathan, any system of this sort is going to fail from lack of participation. There are very real legal consequences to making a DMCA takedown letter public. A DMCA letter is a legal threat. It makes statements about someone else’s actions. Statements made to third parties which come across as factual, and which are incorrect, can be either slander or libel and subject the maker of the statement to possible court action for one of these. If the result has adverse consequences in an ongoing commercial relationship (for example, a web host wrongly terminates a hosting relationship due to a complaint) then the maker of the statement could be liable for tortious interference with contract. If there were some way to require disclosure of all this, a lot of people would go out of the hosting business, immediately.

DMCA takedowns just as frequently backfire as they do succeed. I have an article on the adverse consequences of making a bad takedown demand here.

Carol Shepherd
Arborlaw PLC

]]> By: Jonathan Baileyhttp://www.plagiarismtoday.com/2008/03/20/the-need-for-dmca-transparency/comment-page-1/#comment-96387 Jonathan Bailey Mon, 24 Mar 2008 07:21:03 +0000 http://www.plagiarismtoday.com/2008/03/20/the-need-for-dmca-transparency/#comment-96387 Reyna: Please let me know if there is anything that I can do to help you! I'll gladly assist any way that I can. Reyna: Please let me know if there is anything that I can do to help you! I’ll gladly assist any way that I can.

]]> By: Jonathan Baileyhttp://www.plagiarismtoday.com/2008/03/20/the-need-for-dmca-transparency/comment-page-1/#comment-121498 Jonathan Bailey Mon, 24 Mar 2008 07:21:03 +0000 http://www.plagiarismtoday.com/2008/03/20/the-need-for-dmca-transparency/#comment-121498 Reyna: Please let me know if there is anything that I can do to help you! I'll gladly assist any way that I can. Reyna: Please let me know if there is anything that I can do to help you! I’ll gladly assist any way that I can.

]]> By: reyna elenahttp://www.plagiarismtoday.com/2008/03/20/the-need-for-dmca-transparency/comment-page-1/#comment-96368 reyna elena Sun, 23 Mar 2008 02:07:24 +0000 http://www.plagiarismtoday.com/2008/03/20/the-need-for-dmca-transparency/#comment-96368 hey, i ran across your site over at kotsengkuba.com. i sure will be coming back in here. i have had several occasions where people would post my entries on their blog without any acknowledgement and one time, my advertisers blamed ME!! that I stole the article! i was very very angry! hey, i ran across your site over at kotsengkuba.com. i sure will be coming back in here. i have had several occasions where people would post my entries on their blog without any acknowledgement and one time, my advertisers blamed ME!! that I stole the article! i was very very angry!

]]> By: reyna elenahttp://www.plagiarismtoday.com/2008/03/20/the-need-for-dmca-transparency/comment-page-1/#comment-121497 reyna elena Sun, 23 Mar 2008 02:07:24 +0000 http://www.plagiarismtoday.com/2008/03/20/the-need-for-dmca-transparency/#comment-121497 hey, i ran across your site over at <a href="http://kotsengkuba.com">kotsengkuba.com</a>. i sure will be coming back in here. i have had several occasions where people would post my entries on their blog without any acknowledgement and one time, my advertisers blamed ME!! that I stole the article! i was very very angry! hey, i ran across your site over at kotsengkuba.com. i sure will be coming back in here. i have had several occasions where people would post my entries on their blog without any acknowledgement and one time, my advertisers blamed ME!! that I stole the article! i was very very angry!

]]> By: Jonathan Baileyhttp://www.plagiarismtoday.com/2008/03/20/the-need-for-dmca-transparency/comment-page-1/#comment-96337 Jonathan Bailey Fri, 21 Mar 2008 13:28:57 +0000 http://www.plagiarismtoday.com/2008/03/20/the-need-for-dmca-transparency/#comment-96337 Kit: Your layout was great, since you were the source I wanted to use it on the article itself but the logo was kind of hard to work in, so you made the front page instead.When you say that this is within your job description, what do you do? I'm just curious. I'm always reaching out to people that deal with DMCA matters.Also, definitely check out CE. It isn't what it used to be and it never was what it was supposed to be, it still is very neat and, at times, rather funny.Finally, on my modifications, don't worry about them too much. They were mostly for other hosts. Linden has some tougher questions to answer than your average Web host. I think you were right to demand more of them.Voyagerfan: It was funny, but I didn't make that mistake this time :PI only mentioned the name twice and both in the singular.TL: As it sits currently, ISPs are not held liable so long as they remove works reported to be infringing. Overall, it is a fair trade considering that ISPs do profit from the accounts they host. That being said, there is always room for tweaking and improvements.Aurelius: Very welcome! Kit: Your layout was great, since you were the source I wanted to use it on the article itself but the logo was kind of hard to work in, so you made the front page instead.

When you say that this is within your job description, what do you do? I’m just curious. I’m always reaching out to people that deal with DMCA matters.

Also, definitely check out CE. It isn’t what it used to be and it never was what it was supposed to be, it still is very neat and, at times, rather funny.

Finally, on my modifications, don’t worry about them too much. They were mostly for other hosts. Linden has some tougher questions to answer than your average Web host. I think you were right to demand more of them.

Voyagerfan: It was funny, but I didn’t make that mistake this time :P

I only mentioned the name twice and both in the singular.

TL: As it sits currently, ISPs are not held liable so long as they remove works reported to be infringing. Overall, it is a fair trade considering that ISPs do profit from the accounts they host. That being said, there is always room for tweaking and improvements.

Aurelius: Very welcome!

]]> By: Jonathan Baileyhttp://www.plagiarismtoday.com/2008/03/20/the-need-for-dmca-transparency/comment-page-1/#comment-121496 Jonathan Bailey Fri, 21 Mar 2008 13:28:57 +0000 http://www.plagiarismtoday.com/2008/03/20/the-need-for-dmca-transparency/#comment-121496 Kit: Your layout was great, since you were the source I wanted to use it on the article itself but the logo was kind of hard to work in, so you made the front page instead. <br><br>When you say that this is within your job description, what do you do? I'm just curious. I'm always reaching out to people that deal with DMCA matters. <br><br>Also, definitely check out CE. It isn't what it used to be and it never was what it was supposed to be, it still is very neat and, at times, rather funny.<br><br>Finally, on my modifications, don't worry about them too much. They were mostly for other hosts. Linden has some tougher questions to answer than your average Web host. I think you were right to demand more of them.<br><br>Voyagerfan: It was funny, but I didn't make that mistake this time :P <br><br>I only mentioned the name twice and both in the singular.<br><br>TL: As it sits currently, ISPs are not held liable so long as they remove works reported to be infringing. Overall, it is a fair trade considering that ISPs do profit from the accounts they host. That being said, there is always room for tweaking and improvements.<br><br>Aurelius: Very welcome! Kit: Your layout was great, since you were the source I wanted to use it on the article itself but the logo was kind of hard to work in, so you made the front page instead.

When you say that this is within your job description, what do you do? I’m just curious. I’m always reaching out to people that deal with DMCA matters.

Also, definitely check out CE. It isn’t what it used to be and it never was what it was supposed to be, it still is very neat and, at times, rather funny.

Finally, on my modifications, don’t worry about them too much. They were mostly for other hosts. Linden has some tougher questions to answer than your average Web host. I think you were right to demand more of them.

Voyagerfan: It was funny, but I didn’t make that mistake this time :P

I only mentioned the name twice and both in the singular.

TL: As it sits currently, ISPs are not held liable so long as they remove works reported to be infringing. Overall, it is a fair trade considering that ISPs do profit from the accounts they host. That being said, there is always room for tweaking and improvements.

Aurelius: Very welcome!

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