Sec. 512: Chilling Effects? Chilling Effects!
BNA’s Internet Law News draws my attention to an interesting executive summary of a forthcoming report on takedown notices under sec. 512 of the DMCA authored by Jennifer M. Urban and Laura Quilter of the Samuelson Law, Technology, and Public Policy Clinic at University of California, Berkeley. Among the findings (analyzing 876 notices submitted to the Chilling Effects Project; read more on the methodology on p. 6 et seq.):
- “Thirty percent of notices demanded takedown for claims that presented an obvious question for a court (a clear fair use argument, complaints about uncopyrightable material, and the like);
- Notices to traditional ISP’s included a substantial number of demands to remove files from peer-to-peer networks (which are not actually covered under the takedown statute, and which an OSP can only honor by terminating the target’s Internet access entirely); and
- One out of 11 included significant statutory flaws that render the notice unusable (for example, failing to adequately identify infringing material).”
In addition, the researchers found that over half of notices sent to Google to demand removal of links in the index were sent by businesses targeting apparent competitors, and that over a third of the notices targeted sites outside the United States.
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