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June 21, 2005


DMCA Notice-and-Takedown Provisions

Some legal blogs claim that the notice-and-takedown provisions of the Digital Millennium Copyright Act impinge on free speech by providing an extra-judicial process for removing allegedly infringing content from a website.

I take issue with this view, arguing that the DMCA's "safe harbor" provisions for ISPs reduce unnecessary litigation by giving ISPs a bright line test to avoid any risk of liability.

Posted by Jonathan B. Wilson at 08:10 AM | TrackBack (0)



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