An Empirical Study Of Dmca Takedown Notices

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An Empirical Study of DMCA Takedown Notices

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Author by : Daniel Seng
Languange Used : English, France, Spanish, Italia and chinese
Page : 233
Isbn :
Identifier : OCLC:910941850
Release : 2015
Publisher by : no defined
Category :
Total Download : 5540600
Total Read : 3534967
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Description : Read Now An Empirical Study Of Dmca Takedown Notices by Daniel Seng and you can download with pub, pdf, txt, doc, and more file format with free account. this thesis is about copyright takedown notices -- the procedural mechanism introduced in the digital millennium copyright act which empowers copyright owners to submit notices with takedown requests to service providers, to have service providers expeditiously remove or disable access to allegedly infringing content. this is a novel mechanism that bypasses judicial oversight over copyright disputes in favor of a fast, cost-effective and efficient co-operative scheme for managing online infringement disputes. since its inception in 1998, takedown notices have become the lynchpin of the dmca. however, little is actually known about how they are actually used and by whom in practice. there is also little information about how reliable these notices are and whether mistakes are made. even more importantly, there is no information about whether service providers have responded to each takedown request accurately and fairly. conducting a census on half a million notices and more than 50 million requests between 2001 and 2012, the first paper of this thesis ("the state of the discordant union") finds that since 2008, there has been an exponential increase in the number of takedown notices submitted (from 4,387 notices/15,274 requests in 2009 to 443,911 notices/54,263,600 requests in 2012). part of the reason for this increase was the trusted copyright removal program (tcrp) instituted by google in april 2011, which permitted "reliable, high accuracy" reporters to electronically submit multiple takedown requests to google for automated processing. this also made negligible the numbers of notices in non-web formats. the study also found that section 512(d) notices and requests directed to google's search services dominate (in 2012, at 94.4% of all notices and 99.9% of all requests). finally, and rather surprisingly, the study found negligible numbers of counter-notices (89 counter-notices/0.02% of all notices in 2012). what about the quality of these notices? the second paper of this thesis ("who watches the watchmen?") finds that almost all notices comply with the non-functional formalities in the dmca (signatures and attestations). however, 8.3% of all notices in 2012 fail to comply with the functional formalities (identification of the copyright work and the infringing material). in addition, at least 1.3% of takedown requests exhibit "substantive" errors that misidentify the copyright owner or provide inactive uris as takedown requests. one of the most egregious examples is the continued submission of takedown requests directed to megaupload.com and similar non-functional cyberlocker sites. a total of 414,139 invalid takedown requests were issued, with every issuing reporter attesting to their accuracy. this was totally avoidable - eight of the top 30 reporters sent not a single one of these erroneous requests. to ensure that the takedown system remains efficient and error-free, the study proposes to strengthen the attestation requirements of notices, to require reporters to validate all takedown requests, and to subject recalcitrant reporters to the "slow lane" of a two-tier system for processing takedown notices. google has however reported a rejection rate of (only) 2.5% of all takedown requests for 2012. is google's automated takedown system dmca compliant? using data analytics and machine learning techniques, the third paper ("trust but verify") attempts to model google's takedown process and its relevant considerations for 55 million requests in 2012. these 20 considerations range from the statements of attestation to the identities of the reporters, and from the identities of the targeted domains to detailed information about the copyrighted work allegedly infringed. the resulting model (precision: 79.8%, recall: 84.0%, f1: 81.8%) is a reasonably accurate model of google's takedown process. the model shows that google's takedown process is largely dmca compliant, particularly as regards its use of title information to ensure formal and substantive compliance. however, it exhibits some anomalies e.g. it complies with requests that have no descriptions of the copyrighted work, it largely ignores uri errors, and it accommodates tcrp members who have high rejection rates. the study observes that the strategic behavior of takedown systems to favor compliance to rejection is an undesirable by-product of the architecture of the dmca. to correct these problems, the study suggests mandating the publication of reasons for each takedown request and empowering service providers with effective remedies against reporters who make knowing misrepresentations in their takedown requests. it is only through this that the overall quality of the service providers' takedown systems can be raised, and the right balance can be struck between protecting the interests of content providers in removing unauthorized online content and preserving the freedom of expression on the internet.

User Generated Law Re-Constructing Intellectual Property Law in a Knowledge Society

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Author by : Thomas Riis
Languange Used : English, France, Spanish, Italia and chinese
Page : 288
Isbn : 1783479566
Identifier : 9781783479566
Release : 2016-07-27
Publisher by : Edward Elgar Publishing
Category : Law
Total Download : 4065956
Total Read : 1014544
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Description : Read Now User Generated Law by Thomas Riis and you can download with pub, pdf, txt, doc, and more file format with free account. engaging and innovative, user generated law offers a new perspective on the study of intellectual property law. shifting research away from the study of statutory law, contributions from leading scholars explore why and how self-regulation of intellectual property rights in a knowledge society emerges and develops. analysing examples of self-regulation in the intellectual property law based industries, this book evaluates to what extent user generated law is an accurate model for explaining and understanding this process.

TRIPS plus 20 From Trade Rules to Market Principles

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Author by : Hanns Ullrich
Languange Used : English, France, Spanish, Italia and chinese
Page : 760
Isbn : 3662481073
Identifier : 9783662481073
Release : 2016-01-29
Publisher by : Springer
Category : Law
Total Download : 9441978
Total Read : 3931577
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Description : Read Now Trips Plus 20 by Hanns Ullrich and you can download with pub, pdf, txt, doc, and more file format with free account. this book examines the impact and shortcomings of the trips agreement, which was signed in marrakesh on 15 april 1994. over the last 20 years, the framework conditions have changed fundamentally. new technologies have emerged, markets have expanded beyond national borders, some developing states have become global players, the terms of international competition have changed, and the intellectual property system faces increasing friction with public policies. the contributions to this book inquire into whether the trips agreement should still be seen only as part of an international trade regulation, or whether it needs to be understood – or even reconceptualized – as a framework regulation for the international protection of intellectual property. the purpose, therefore, is not to define the terms of an outright revision of the trips agreement but rather to discuss the framework conditions for an interpretative evolution that could make the agreement better suited to the expectations and needs of today’s global economy.

Cambridge Intellectual Property and Information Law: Injunctions Against Intermediaries in the European Union

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Author by : Husovec, Martin
Languange Used : English, France, Spanish, Italia and chinese
Page : 233
Isbn : 1108247881
Identifier : 9781108247887
Release :
Publisher by : Cambridge University Press
Category :
Total Download : 2471027
Total Read : 8394022
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Description : Read Now Cambridge Intellectual Property And Information Law Injunctions Against Intermediaries In The European Union by Husovec, Martin and you can download with pub, pdf, txt, doc, and more file format with free account.

The Liability of Internet Intermediaries

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Author by : Jaani Riordan
Languange Used : English, France, Spanish, Italia and chinese
Page : 704
Isbn : 0198719779
Identifier : 9780198719779
Release : 2016-02-14
Publisher by : Oxford University Press
Category :
Total Download : 3784514
Total Read : 4209376
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Description : Read Now The Liability Of Internet Intermediaries by Jaani Riordan and you can download with pub, pdf, txt, doc, and more file format with free account. internet intermediaries play a central role in modern commerce and the dissemination of ideas. although their economic and social importance is well-recognized, their legal liability remains poorly understood, and, until now, no work has specifically addressed their legal responsibility for wrongdoing carried out by third parties using their facilities or platforms. this work fills that gap by providing comprehensive coverage of the legal duties owed by intermediaries and the increasingly complex schemes that regulate their activities. the first part of the work introduces the concept of an internet intermediary, general doctrines of primary and secondary liability, and the european enforcement regime. the second part examines the liability of intermediaries in specific areas of law, with a detailed analysis of the applicable liability rules, and the major english case law, and decisions of the court of justice that interpret and apply them. the final part of the work provides guidance on remedies and limitations. written by an expert author from the intellectual property chambers at 8 new square, lincoln's inn, this is an essential guide for lawyers advising on ip matters and disputes involving internet content.

Notice and Takedown in Everyday Practice

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Author by : Jennifer Urban
Languange Used : English, France, Spanish, Italia and chinese
Page : 233
Isbn : 9780936904108
Identifier : 0936904100
Release : 2016-03-25
Publisher by : no defined
Category :
Total Download : 1254795
Total Read : 1333428
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Description : Read Now Notice And Takedown In Everyday Practice by Jennifer Urban and you can download with pub, pdf, txt, doc, and more file format with free account. the takedown project is a collaborative effort housed at uc-berkeley school of law and the american assembly to study notice and takedown procedures. researchers in the us, europe, and other countries are working collaboratively to understand this fundamental regulatory system for global online speech.

Digital Copyright and the Consumer Revolution Hands Off My IPod

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Author by : Matthew Rimmer
Languange Used : English, France, Spanish, Italia and chinese
Page : 384
Isbn : 1847207146
Identifier : 9781847207142
Release : 2007-01-01
Publisher by : Edward Elgar Publishing
Category : Law
Total Download : 6745145
Total Read : 6083524
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Description : Read Now Digital Copyright And The Consumer Revolution by Matthew Rimmer and you can download with pub, pdf, txt, doc, and more file format with free account. a very helpful and accessible collection of contemporary issues in digital copyright law. . . rimmer s book is quite possibly the most enjoyable and easy to read guide to selected issues of digital copyright law on the market today. . . its core strength is undoubtedly its accessibility it is a pleasure to read. martin arthur kuppers, journal of intellectual property law and practice matthew rimmer s book provides much needed insight into the current status of digital copyright and its relationship to the general purchasing public. . . this book, which has a structure that flows with concinnity and concision, makes it easy to navigate some of the most complicated and controversial issues. lisa wong, osgoode hall law journal this engaging account of us copyright law (and copyright wars) is thorough and informative. following a comprehensive and compelling introduction, encompassing a literature review and outline of the methodology and arguments to be adopted. . . his deep understanding of the subject matter, as well as his profound empathy with consumers, are evident throughout the work; the book will, no doubt, foster a similar interest in another generation of copyright law scholars. louise buckingham, copyright reporter digital copyright and the consumer revolution is a very important and timely book. . . and is a crucial vade mecum on the ever evolving global maze of case law and copyright reform . colin steele, australian library journal it will most definitely prove to be an indispensable tool for researchers concerned with recent legal developments in the copyright field, both in america and australia. rimmer s hands off my ipod is a comprehensive and detailed analysis of current problems facing copyright holders as the struggle (and often fumble) to find a balance between profiting off their property and keeping the newly-powerful, increasingly agile user happy. adam sulewski, journal of high technology law rimmer brings the tension between law and technology to life in this important and accessible work. digital copyright and the consumer revolution helps make sense of the global maze of caselaw and copyright reform that extend from san francisco to sydney. the book provides a terrific guide to the world s thorniest digital legal issues as rimmer demonstrates how the consumer interest is frequently lost in the crossfire. michael a. geist, the canada research chair of internet and e-commerce law, the university of ottawa, canada this book documents and evaluates the growing consumer revolution against digital copyright law, and makes a unique theoretical contribution to the debate surrounding this issue. with a focus on recent us copyright law, the book charts the consumer rebellion against the sonny bono copyright term extension act 1998 (us) and the digital millennium copyright act 1998 (us). the author explores the significance of key judicial rulings and considers legal controversies over new technologies, such as the ipod, tivo, sony playstation ii, google book search, and peer-to-peer networks. the book also highlights cultural developments, such as the emergence of digital sampling and mash-ups, the construction of the bbc creative archive, and the evolution of the creative commons. digital copyright and the consumer revolution will be of prime interest to academics, law students and lawyers interested in the ramifications of copyright law, as well as policymakers given its focus upon recent legislative developments and reform proposals. the book will also appeal to librarians, information managers, creative artists, consumers, technology developers, and other users of copyright material.

E-copyright Law Handbook

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Author by : Laura Lee Stapleton
Languange Used : English, France, Spanish, Italia and chinese
Page : 500
Isbn : 0735529442
Identifier : 9780735529441
Release : 2002-01-01
Publisher by : Aspen Publishers Online
Category : Law
Total Download : 4887715
Total Read : 4544913
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Description : Read Now E Copyright Law Handbook by Laura Lee Stapleton and you can download with pub, pdf, txt, doc, and more file format with free account. '(e-copyright law handbook) offers more than enough substance for turning even the novice general-practice attorney into a full-bodied copyright specialist.' --legal information alert (volume 22, issue 3). alert publications, inc. chicago, il www.alertpub.com how far do the laws of copyright protection extend in the new digital age? e-copyright law handbook answers this and many other critical questions that impact owners of copyright-protected material. prepared by a team of successful intellectual property attorneys, the handbook is a single-volume guide to focus on copyright technical developments and legal decisions so attorneys can advise clients on how to protect and exploit their digital content online.concise, easy-to-read, yet comprehensive in scope, the handbook offers an analysis of e-copyright transactions in computer/software, sound recordings, literary works, motion pictures, television and audio visual works, and visual arts.it also covers:the elements of copyright infringementthe intricacies of international copyright lawscopyright infringement actions the limitation of liability for online copyright infringementand copyright protection in cyberspaceup-to-the-minute coverage includes new statutes in copyright law including the digital millennium copyright act and the uniform copyright information technology act. the handbook's user-friendly format provides easy access to practice tips, useful forms, an index of all the applicable statutes and a listing of additional legal resources for practitioners.

Intellectual Property and Development Theory and Practice

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Author by : Rami M. Olwan
Languange Used : English, France, Spanish, Italia and chinese
Page : 392
Isbn : 3642279074
Identifier : 9783642279072
Release : 2013-03-15
Publisher by : Springer Science & Business Media
Category : Law
Total Download : 2699843
Total Read : 315510
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Description : Read Now Intellectual Property And Development by Rami M. Olwan and you can download with pub, pdf, txt, doc, and more file format with free account. the book examines the correlation between intellectual property law – notably copyright – on the one hand and social and economic development on the other. the main focus of the initial overview is on historical, legal, economic and cultural aspects. building on that, the work subsequently investigates how intellectual property systems have to be designed in order to foster social and economic growth in developing countries and puts forward theoretical and practical solutions that should be considered and implemented by policy makers, legal experts and the word intellectual property organization (wipo).

Moral Panics and the Copyright Wars

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Author by : William Patry
Languange Used : English, France, Spanish, Italia and chinese
Page : 266
Isbn : 0195385640
Identifier : 9780195385649
Release : 2009-09-03
Publisher by : Oxford University Press
Category : Law
Total Download : 5769933
Total Read : 1672875
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Description : Read Now Moral Panics And The Copyright Wars by William Patry and you can download with pub, pdf, txt, doc, and more file format with free account. in moral panics and the copyright wars, william patry offers a lively, unflinching examination of the pitched battles over new technology, business models, and most of all, consumers. he lays bare how we got to where we are: a bloated, punitive legal regime that has strayed far from its modest, but important roots. a centrist and believer in appropriately balanced copyright laws, patry concludes that the only laws we need are effective laws, laws that further the purpose of encouraging the creation of new works and learning.

Ordering Chaos Regulating the Internet

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Author by : Peng H. Ang
Languange Used : English, France, Spanish, Italia and chinese
Page : 216
Isbn : 9812437150
Identifier : 9789812437150
Release : 2005
Publisher by : Thomson Learning Asia
Category : Business & Economics
Total Download : 1536320
Total Read : 2506494
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Description : Read Now Ordering Chaos by Peng H. Ang and you can download with pub, pdf, txt, doc, and more file format with free account. provides an expansive view of internet regulation, including the deployment of technology, the use of market forces, the formulation of industry self-regulation as well as legislation. takes evidence from real-life cases and uses them to explain regulatory approaches and paradigms.

Copyright Law, Digital Content and the Internet in the Asia-Pacific

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Author by : Brian F. Fitzgerald
Languange Used : English, France, Spanish, Italia and chinese
Page : 419
Isbn :
Identifier : STANFORD:36105064230753
Release : 2008-01-01
Publisher by : no defined
Category : Computers
Total Download : 9195932
Total Read : 2631120
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Description : Read Now Copyright Law Digital Content And The Internet In The Asia Pacific by Brian F. Fitzgerald and you can download with pub, pdf, txt, doc, and more file format with free account. copyright law, digital content and the internet in the asia-pacific provides a unique insight into the key issues facing copyright law and digital content policy in a networked information world. it emanates from a landmark conference - the first international forum on the content industry and intellectual property - organised by queensland university of technology (qut), the arc centre of excellence for creative industries and innovation (cci) and east china university of political science and law (ecupl) in shanghai in 2007. the book features chapters from a wide range of experts in their respective fields from across the asia-pacific region, including australia, the people's republic of china, hong kong, indonesia and singapore. some of the areas examined include the new digital environment, digital content policy, the networked information economy, copyright law and new media. the book provides a timely and scholarly appraisal of the legal and policy considerations facing anyone trying to regulate, sponsor or utilise the vast array of new media and content platforms now available.