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Source: http://librarycopyright.net/wordpress/?p=290
May 22, 2009 - content has not been altered.

DMCA Takedown Abuse

[March 25: Factual updates via TechDirt]

It’s common knowledge that for years the content industry and other threatened rightsholders have been appropriating the Digital Millennium Copyright Act (DMCA) in order to bully competitors or the fair-use-toting public into removing content from the Internet. Google has now released some statistics that show just how widespread these tactics have been.

In a submission to the Telecommunications Carriers Forum concerning proposed updates to New Zealand’s copyright law, Google noted that “more than half (57%) of the takedown notices it has received…were sent by business targeting competitors and over one third (37%) of notices were not valid copyright claims.”

The data suggest that businesses have been misusing the DMCA in order to squash competition and chill legitimate speech. The provisions of the DMCA that were originally intended to protect ISPs and other distributors of content from liability continue to be improperly wielded by an overzealous industry trying to make others play the game by their rules. While some recent rulings provide a glimmer of hope in reforming the broken DMCA takedown system, the public interest will have to continue the copyright fight for their rights.

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