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DMCA final paper presentation

Sangyong Han

on 27 April 2010

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Transcript of COMM580_Final-DMCA

Deadlock Loss Effect
of the Takedown Procedures and Safe Harbor Provisions
in the Digital Millennium Copyright Act of 1998
Introduction Rationale for Copyright Protection in the U.S. The Origin of the DMCA: Compromise Among Intermediaries Chilling Effect on Fair Use and Free Speech
: Data Analysis of Takedown Notices DMCA Digitalized way of production & consumption Critics Safe Harbor provision -- Authomated takedowns Anti-circumvention provision Jeopardizing Freedom of Speech & Fair Use Disturbing the leagl balance of interests
between copyright holders and end users Undremining the Constitutional values Arguement focusing on 'Safe harbor' & 'takedown' procedure DMCA hampers the contitutional purpose of copyright regulations & freedom of speech Utilitarian Justification Fair Use Doctrine Economic Incentive to first authors U.S. Constitution designed copyrights
'to promote the progress of science and useful arts' Method / Tool Aim / Purpose Enrichment of the public welfare Judicially contrived legal defense Balancing measure Historical background 1996: WIPO Treaties 1998: U.S. Congress amended Title 17 of the United States Code Safe Harbor Provision: Section 512 to Title 17 immunizes intermediaries from liability for infringement by complying takedowns procedure Political compromise for the economic benefits Impacts of Safe harbor provision: Takedowns of public interests encourages OSPs to promptly respond to copyright holders ilegitimate takedowns unavoidable Takedowns can be used for censorship Violates the legitimate copyright holders' right Self-policing nature favors the big copyright holders * Inherent difficulties of data analysis
: self-policying process, beyond the oversight of copyright office Chilling Effects Project: Electronic Frontier Foundation & Academics Urban &Quilter, Efficient process or "chilling effects"?
Takedown notices under section 512 of the DMCA(2006) Who sends? Targets? Flaws in the notices "To promote the Progress of Science and useful Arts,
by securing for limited Times to Authors and Inventors the exclusive Right
to their respective Writings and Discoveries" (U.S. Const. art. I, §8, cl. 8.) by Sangyong Han
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