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 Study examines DMCA Cease-and-Desist Letters

Laura Quilter and Jennifer Urban, Director of the Intellectual Property Clinic at the University of Southern California, have released a summary report of findings from a study of takedown notices sent pursuant to Section 512 of the Digital Millennium Copyright Act, and submitted by the recipients to the Chilling Effects clearinghouse. The report, titled "Efficient Process or 'Chilling Effects'? Takedown Notices Under Section 512 of the Digital Millennium Copyright Act," traces the use of the Section 512 takedown process.

According to the report nearly one-third of takedown notices submitted to online service providers under the DMCA are for claims that may not justify takedown. One of 11 notices had significant statutory flaws (failure to properly identify the allegedly infringing work, failure to provide contact information, failure to provide a way to locate the allegedly infringing work etc.), that render them invalid.

Another result of the study: Businesses targeting apparent competitors accounted for 57 % of the takedown notices submitted to Google Inc. seeking removal of links from the index.





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