48
votes
Accepted
Do we have to take down the material for 14 days even if the DMCA notice is erroneous?
There is a slight confusion here: The large company sent the DMCA notice to your host, not to you. You are not taking down anything. The host does that.
If the DMCA takedown notice is following all ...
- 32.9k
37
votes
Accepted
Can I host copyrighted content until I get a DMCA notice?
You may at your peril.
The safe harbor provision in 17 USC 512 does not provide absolute immunity to service providers, that immunity is only available (c)(1)
if the service provider—(A)...(ii) in ...
- 210k
32
votes
Can I host copyrighted content until I get a DMCA notice?
No. That only works if you host other users' content...
... and on a large enough scale that you can believably say you had no idea that content was on your site.
It does not help you if you were the ...
30
votes
Accepted
Are there consequences for not filing a DMCA (any country)
If I understand correctly, you are asking whether a copyright holder's failure to submit a DMCA "takedown" notice in accordance with 17 U.S.C. § 512 prevents that copyright holder from enforcing their ...
- 2,270
29
votes
Accepted
Is youtube-dl takedown due to their tests which use copyrighted content?
The takedown action is a little sketchy. The law regarding takedown notices and host liability is here. The notice includes "Identification of the copyrighted work claimed to have been infringed&...
- 210k
26
votes
Do we have to take down the material for 14 days even if the DMCA notice is erroneous?
The most important fact to remember is that under DMCA safe harbor rules, you do not make a judgment of the merits of the allegation, you simply follow the rules. The second most important fact to ...
- 210k
21
votes
Fair Use and DMCA
Twitter don’t have to host your account
UMG’s and Sony’s business is probably more important to Twitter than yours is. It seems Twitter have made a commercial decision to close your account down. They ...
- 198k
20
votes
Can I request my comment be deleted from a forum if I made that post when I was 12?
Various Privacy Laws may Apply
If you live in the EU, the site may be required to delete this information under the GDPR. If you live in the UK, you may have the right to deletion under the UK-GDPR. ...
- 113k
20
votes
Who gets in trouble if a user uploads pirated content on an open platform?
The platform will get in trouble for copyright infringement. The disclaimer that you are not liable does not work, legally, since the person suing you hasn't agreed to the TOS on your webpage. You can ...
- 210k
16
votes
Accepted
How can I legally protect my website from users who upload copyrighted material?
A simple EULA does not absolve you from legal responsibility. The law that you need to be acquainted with, if you are dealing with the US (i.e. might be sued in the US), is the Digital Millennium ...
- 210k
11
votes
Can I host copyrighted content until I get a DMCA notice?
ONLY if you are the host
As long as you are just the host, you can use the DMCA as your defense - if you follow all rules under the DMCA. Then you technically don't have to know what your users do, ...
- 33.8k
10
votes
Is youtube-dl takedown due to their tests which use copyrighted content?
The takedown request states:
A list of youtube-dl forks to take down (uninteresting)
The clear purpose of this source code is to (i) circumvent the technological protection measures used by ...
- 786
9
votes
Accepted
Is creating and selling "cheats" or "hacks" for games illegal?
Yes
The relevant legal concepts are copyright, contract law and the Computer Fraud and Abuse Act. You are liable to be sued by the people affected for damages and/or be prosecuted by the government ...
- 198k
8
votes
Accepted
Does YouTube legally need proactive takedown?
Under the DMCA(United States Federal Law: Digital Millennium Copyright Act) and its Safe Harbor provisions, yes, Youtube is protected from copyright claims, provided they comply when they receive a ...
- 8,737
6
votes
Would a website that catalogs every possible sequence of letters violate copyright?
It's not clear to me that your website is, per se, illegal. (Though good luck finding a webhost with a hard drive large enough to store it. Harry Potter and the Philosopher's Stone is roughly 38,000 ...
- 6,549
6
votes
Is youtube-dl takedown due to their tests which use copyrighted content?
November 16 2020 - GitHub today reinstated the youtube-dl open-source project. Electronic Frontier Foundation lawyers explained in a letter that Google does not have any technical measures in place ...
- 1,008
5
votes
Accepted
Will a copyright holder lose the right to enforce copyright if they're not enforcing it on some stuff, or even just have problems enforcing it?
No, this is not true. Copyright can be enforced selectively.
You are confusing copyright with trademark. Company can lose its trademark if they aren't protecting it. All the meanwhile they can choose ...
- 136
5
votes
Accepted
Has anyone been convicted of perjury for false DMCA takedown notices?
Short version: No, no one has even been prosecuted.
Does the perjury clause apply to all the information in the notification, or only the statement that the complaining party is authorised to act etc....
- 10.2k
5
votes
Accepted
Web archives and sites with DMCA
Nothing in 17 USC 512, which includes the DMCA Safe Harbor and Takedown procedures requires an online service provider to notify others who may have made copies of content (including archive sites) ...
- 113k
5
votes
Fair Use and DMCA
EditVideoBot is an automated program that automatically edits videos based on commands provided by other Twitter users that mention the account - I am providing the service, other people operate and ...
- 3,513
4
votes
Accepted
Can an ISP respond to a DMCA counter notice on behalf of a user?
Counter notices are described in 17 USC 512(g)(3). It starts with the requirement for "A physical or electronic signature of the subscriber" (and a statement under penalty of perjury...). Supposing ...
- 210k
4
votes
Accepted
Is it prohibited to accept DMCA takedown notices from non-authorized individuals?
There is no general prohibition against taking down material, even non-infringing material, which is posted by some person, but there is a risk to the service provider. Abstracting away from the ...
- 210k
4
votes
How can I legally protect my website from users who upload copyrighted material?
In addition to the things mentioned in the answer by user6726 (which is very good) you must have, and announce, a policy that users who repeatedly upload copyrighted content unlawfully will be blocked ...
- 113k
4
votes
Whistling copyrighted music on youtube
Yes it's illegal. Just like singing/whistling happy birthday in public (used to be) illegal. You could be sued for untold amount of damages that could ruin your life forever (in theory).
If you ...
- 786
4
votes
Would company A be legally liable if a hack is developed by a third party to run company B's software on A's hardware?
No
Company A is liable for its own acts and omissions and no one else’s.
- 198k
4
votes
Are my assumptions about clean-room reverse engineering and copyright of computer programs correct?
I think that both your examples would be considered, if not outright copies, then at the very least derivative works of the originals. Under US law, the copyright holder of a work has the exclusive ...
- 29k
4
votes
How to take down the piracy website that does not respond to DMCAs
If a website takes down something that infringes on your copyright because of a DMCA request, the legal effect is that you can’t sue the website, only the person who put the content on the website.
If ...
- 32.9k
4
votes
Counter DMCA Google play
Given that filing a DMCA counter notice is essentially an invitation to a lawsuit, consulting a licensed lawyer in your jurisdiction before filing a counter notice is highly recommended.
To understand ...
- 8,737
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