Another Huge Setback in CloudFlare’s Quixotic Campaign to Protect Pirate Sites

Last August, I wrote about CloudFlare’s “desperate new strategy” to protect MP3Skull, a notorious pirate site that was sued by various recording companies for copyright infringement. CloudFlare offers content delivery networking, web optimization, and other performance services for websites. The plaintiffs easily obtained a permanent injunction against MP3Skull when it didn’t even bother to respond … Continue reading “Another Huge Setback in CloudFlare’s Quixotic Campaign to Protect Pirate Sites”

Librarians’ Contradictory Letter Reveals an Alarming Ignorance of the Copyright System

On December 14th, a group of librarians sent a letter to Congress explaining why they believe the Copyright Office should remain under the control of the Library of Congress. Written by University of Virginia Library’s Brandon Butler, the letter is a self-contradicting and uninformed response to recent recommendations on reform of the Copyright Office offered … Continue reading “Librarians’ Contradictory Letter Reveals an Alarming Ignorance of the Copyright System”

Despite What You Hear, Notice and Takedown is Failing Creators and Copyright Owners

In a recent op-ed in the LA Times, Professors Chris Sprigman and Mark Lemley praise the notice and takedown provisions of the Digital Millennium Copyright Act (DMCA) as “a bit of copyright law worth saving.” They argue that Section 512 of the DMCA continues to serve its purpose of balancing the rights of copyright owners … Continue reading “Despite What You Hear, Notice and Takedown is Failing Creators and Copyright Owners”

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In 2013, CPIP published a policy brief by Professor Bruce Boyden exposing the DMCA notice and takedown system as outdated and in need of reform.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”

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”

Attacking the Notice-and-Staydown Straw Man

Ever since the U.S. Copyright Office announced its study of the DMCA last December, the notice-and-staydown issue has become a particularly hot topic. Critics of notice-and-staydown have turned up the volume, repeating the same vague assertions about freedom, censorship, innovation, and creativity that routinely pop up whenever someone proposes practical solutions to curb online infringement. … Continue reading “Attacking the Notice-and-Staydown Straw Man”