CloudFlare's Desperate New Strategy to Protect Pirate Sites

San Francisco-based CloudFlare has earned a somewhat dubious reputation in the online world. Website owners can set up CloudFlare in just a few minutes, gaining the performance, security, and privacy benefits the service provides. Traffic routed through CloudFlare’s global content delivery network is cached for faster delivery times and protected from numerous online threats. Pirate … Continue reading “CloudFlare's Desperate New Strategy to Protect Pirate Sites”

Three Years Later, DMCA Still Just as Broken

By Matthew Barblan & Kevin Madigan In 2013, CPIP published a policy brief by Professor Bruce Boyden exposing the DMCA notice and takedown system as outdated and in need of reform. The Failure of the DMCA Notice and Takedown System explained that while Section 512 of the DMCA was intended as a way for copyright … Continue reading “Three Years Later, DMCA Still Just as Broken”

Second Circuit Deepens Red Flag Knowledge Circuit Split in Vimeo

The Second Circuit’s recent opinion in Capitol Records v. Vimeo is, to put it mildly, pretty bad. From its convoluted reasoning that copyrights under state law for pre-1972 sound recordings are limited by the DMCA safe harbors, despite the explicit statement in Section 301(c) that “rights or remedies” under state law “shall not be annulled … Continue reading “Second Circuit Deepens Red Flag Knowledge Circuit Split in Vimeo”

Capitol Records v. Vimeo: Courts Should Stop Coddling Bad Actors in Copyright Cases

Here’s a brief excerpt of my new post that was published on IPWatchdog: Here’s where we are after Capitol Records v. Vimeo: A service provider can encourage its users to infringe on a massive scale, and so long as the infringement it encourages isn’t the specific infringement it gets sued for, it wins on the … Continue reading “Capitol Records v. Vimeo: Courts Should Stop Coddling Bad Actors in Copyright Cases”

Copyright Policy Should Be Based On Facts, Not Rhetoric

Here’s a brief excerpt of a post by Kevin Madigan & Devlin Hartline that was published on IPWatchdog. After nearly twenty years with the DMCA, the Copyright Office has launched a new study to examine the impact and effectiveness of this system, and voices on both sides of the debate have filed comments expressing their … Continue reading “Copyright Policy Should Be Based On Facts, Not Rhetoric”

Separating Fact from Fiction in the Notice and Takedown Debate

By Kevin Madigan & Devlin Hartline With the Copyright Office undertaking a new study to evaluate the impact and effectiveness of the Section 512 safe harbor provisions, there’s been much discussion about how well the DMCA’s notice and takedown system is working for copyright owners, service providers, and users. While hearing from a variety of … Continue reading “Separating Fact from Fiction in the Notice and Takedown Debate”

Middle Class Artists Want a DMCA System That Works

The following guest post comes from Rebecca Cusey, a second year law student at George Mason University School of Law. By Rebecca Cusey Mason Law’s Arts & Entertainment Advocacy Clinic filed comments today with the U.S. Copyright Office detailing the frustrations and futilities experienced by everyday artists as they struggle with the DMCA system to … Continue reading “Middle Class Artists Want a DMCA System That Works”

Copyright Scholars: Courts Have Disrupted the DMCA's Careful Balance of Interests

The U.S. Copyright Office is conducting a study of the safe harbors under Section 512 of the DMCA, and comments are due today. Working with Victor Morales and Danielle Ely from Mason Law’s Arts & Entertainment Advocacy Clinic, we drafted and submitted comments on behalf of several copyright law scholars. In our Section 512 comments, … Continue reading “Copyright Scholars: Courts Have Disrupted the DMCA's Careful Balance of Interests”

Notice-and-Staydown and Google Search: The Whack-A-Mole Problem Continues Unabated

After my last post discussing the necessity for notice-and-staydown to help copyright owners with the never-ending game of whack-a-mole under the DMCA, I was asked to clarify how this would work for Google Search in particular. The purpose of my post was to express the need for something better and the hope that fingerprinting technologies … Continue reading “Notice-and-Staydown and Google Search: The Whack-A-Mole Problem Continues Unabated”

Last Chance to Register for the Copyright and Technology NYC 2016 Conference

Tomorrow is the last chance to register for the Copyright and Technology NYC 2016 Conference. The conference will be held next Tuesday, January 19th, at New York University’s Kimmel Center. In addition to Matthew Barblan and Devlin Hartline from CPIP, participants will come from the following organizations: ASCAP BMI CBS CCIA Charter Communications Cisco Copyright … Continue reading “Last Chance to Register for the Copyright and Technology NYC 2016 Conference”