Tuesday, November 22, 2005

Disturbing Number of Legal Flaws in so-called 'DMCA Notices'

Via the USC Law School News.

Jennifer M. Urban of the USC Gould School of Law and Laura Quilter of the University of California-Berkeley (Boalt Hall) have found a disturbing number of legal flaws in so-called "DMCA notices"--which result in online materials being pulled from the Internet, generally without notice to the target.

Urban and Quilter studied a sample of nearly 900 notices collected by the Chilling Effects project, and discovered that a third of them demanded removal when the target had a clear legal defense. The researchers released a summary report [.pdf]; the full research paper will appear in the March, 2006 edition of the Santa Clara Computer and High Technology Law Journal.


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