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Carpou (2016)
Has abstract “This Note argues that automated notice-an
“This Note argues that automated notice-and-takedown processes are in fact the most efficient means available to deal with the high volume of infringing content in the digital world, but that the counter-notification procedure needs to be strengthened to provide more protection to noninfringing users in the event that their content is removed. Further, the process of scanning for and identifying infringing content must be improved to lessen the incidence of overbroad requests. Part I of this Note provides background on the Digital Millennium Copyright Act (“DMCA”) and the evolution of the notice-and-takedown procedure. Part II outlines the problems with the current state of the notice-and-takedown environment, provides an overview of the data available on takedown requests, and presents an empirical analysis of all known litigation arising from user pushback on such requests in an attempt to shed new light on the amount of noninfringing content that is actually targeted. The overarching aim of Part II is to help answer the question of whether takedown requests, generally speaking—but with an emphasis on robo-takedown requests—tend to be abusive in practice, or if instances of overbroad requests are the exception rather than the norm. Finally, Part III suggests ways in which automated notice-and-takedown processes can be refined to strike a better balance between copyright holders, ISPs, and the general public."
ht holders, ISPs, and the general public."  +
Has country US +
Has data source Westlaw +
Has data type Primary and Secondary data  +
Has data year 3 January 2015 - February 2016  +
Has description of data The study sought to identify cases of liti
The study sought to identify cases of litigation concerning “user pushback” on takedown requests using Westlaw, finding 24 in total. Three discrete categories were apparent: • Where the user filed a counter-notification, but the complainant pursued the infringement claim anyway (4 cases) • Where a counter-notification was filed and the complainant did <i>not</i> pursue a copyright infringement claim, but the user filed a claim of misrepresentation (16 cases). • Where both the complainant pursued an infringement claim, and the user pursued a misrepresentation claim (4 cases).
rsued a misrepresentation claim (4 cases).  +
Has discipline O34: Intellectual Property and Intellectual Capital +
Has full citation Carpou, Z. (2016) Robots, Pirates and the Rise of the Automated Takedown Regime: Using the DMCA to Fight Piracy and Protect End-Users. 39 Colum J.L. & Arts 551.  +
Has industry Publishing of books, periodicals and other publishing + , Software publishing (including video games) + , Film and motion pictures + , Television programmes + , Sound recording and music publishing +
Has intervention-response The author suggests that rather than outri
The author suggests that rather than outright condemning automated procedures for notice-and-takedown, energies should instead be focussed on improving them. Part of this process involves holding right holders accountable where they are found to abuse the system (e.g. repeatedly targeting legitimate works). Given the ongoing use of robots, users should be educated on the process of filing a counter-notice (e.g. on how to better identify legitimate claims on receipt of a notice) as the possibility of erroneous removal of content is ever-present. Finally, a “notice-and-staydown” system should be employed to ensure infringing content, once identified, is permanently removed - the author claims this will encourage right holders to target pirates as opposed to legitimate uses.
get pirates as opposed to legitimate uses.  +
Has method of analysis Descriptive statistics (counting; means reporting; cross-tabulation) + , Legal Analysis +
Has method of collection Case Study + , Qualitative content/text mining +
Has no abstract True +
Has oahyperlink https://journals.cdrs.columbia.edu/wp-content/uploads/sites/14/2016/06/4-39.4-Carpou.pdf  +
Has plain-text proposition Overall, the amount of litigation regardin
Overall, the amount of litigation regarding takedown requests since the <i>Diebold</i> case has been low. Following a comparison with data gathered by Seng (2014), the author suggests that where users choose to counter-notify, the right holder is unlikely to pursue a complaint of copyright infringement. This may either be due to the erroneous nature of the initial complaint, or otherwise a choice not to pursue litigation - the author speculates that this may be due to a weak copyright claim in the first place (and indeed in no case where a counter-notification was specifically mentioned did this fail). Indeed, the author reminds readers that notices should only be filed in “good faith belief” that the material complained of is infringing, suggesting that any claim would be pursued in litigation. This does not appear to be the case, as right holders do not choose to defend their claims in court following receipt of a counter-notification. As such, where a copyright claim is weak, the likelihood of success when a user claims misrepresentation increases. Cases where automated notice-and-takedown measures were employed, such as <i>Disney Enterprises Inc v Hotfile Corp</i>, appear to be <i>de facto</i> unable to comply with the requirements of the DMCA, as they cannot distinguish between infringing and non-infringing content.
een infringing and non-infringing content.  +
Has reference to Urban and Quilter (2006) + , Seng (2014) +
Has relationship with evidence based policy F. Enforcement (quantifying infringement; criminal sanctions; intermediary liability; graduated response; litigation and court data; commercial/non-commercial distinction; education and awareness) +
Has relationship with fundamental issue 1. Relationship between protection (subject matter/term/scope) and supply/economic development/growth/welfare +
Has title Robots, Pirates and the Rise of the Automated Takedown Regime: Using the DMCA to Fight Piracy and Protect End-Users  +
Is comparative study false  +
Is cross country study false  +
Is government or policy report false  +
Is literature review false  +
Is titled Carpou (2016)  +
Was published in year 2016  +
Was written by Zoe Carpou +
Has query
"Has query" is a predefined property that represents meta information (in form of a subobject) about individual queries.
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Creation date
This property is a special property in this wiki.
6 March 2019 12:55:58  +
Categories Studies
Last editor is
This property is a special property in this wiki.
User:AThomas +
Modification date
This property is a special property in this wiki.
6 March 2019 12:55:58  +
Is a new page
This property is a special property in this wiki.
true  +
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