What is it about?
To qualify for DMCA safe harbor protections, an ISP has both immediate and on-going requirements: (1) it must expeditiously respond to a copyright holder’s takedown notice, and (2) it must adopt a policy for terminating Internet access to repeat infringers. Federal courts have recently clarified some aspects of the safe harbor system, nevertheless other aspects remain hazy. In this haze, ISPs are incentivized to over-block and err on the side of removing content – including lawful content.
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Why is it important?
The asymmetry between copyright holders’ rights and remedies and users’ rights and remedies threatens socially valuable speech and creates a chilling effect for others. Moreover, the risk of extra-judicial termination of Internet access under a vague and variable repeat infringers policy threatens fundamental First Amendment interests.
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Read the Original
This page is a summary of: Considering Fair Use: DMCA’s Take Down & Repeat Infringers Policies, Communication Law and Policy, January 2019, Taylor & Francis,
DOI: 10.1080/10811680.2018.1551036.
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