Re:DigitalRev.com served with DMCA takedown notice by GoPro ...
by Terretta on Wednesday March 20, 2013 @04:01PM
(#5409808)
> This isn't entirely correct. Per the DMCA (or, really, the Online Copyright Infringement Liability Limitation Act - OCILLA), the hosting provider must comply with a takedown notice should they receive it, regardless of how idiotic it appears...
That's BS.
The hosting provider has every right to support their customer and keep the notice up. We've gone to court rather than do a takedown and prevailed on court costs, and we've persuaded upstream (colo and backbone) providers served by the same takedown notices to leave customers alone (e.g., not blackhole an IP) as well.
Btw, the number one most effective takedown avoidance tactic is to be an absolute stickler for the letter of the takedown requirements. We can usually get 5 or 10 business days of back and forth on our customers' behalf before the takedown mills manage to generate a fully compliant notice.
And if this notice really was just about a review mentioning a product by name, we would have ignored it or at the very least asked the sender to explain under penalty of perjury why the content was not protected under fair use.
Disclaimer: We're a registered hosting provider under the DMCA.
That's BS.
The hosting provider has every right to support their customer and keep the notice up. We've gone to court rather than do a takedown and prevailed on court costs, and we've persuaded upstream (colo and backbone) providers served by the same takedown notices to leave customers alone (e.g., not blackhole an IP) as well.
Btw, the number one most effective takedown avoidance tactic is to be an absolute stickler for the letter of the takedown requirements. We can usually get 5 or 10 business days of back and forth on our customers' behalf before the takedown mills manage to generate a fully compliant notice.
And if this notice really was just about a review mentioning a product by name, we would have ignored it or at the very least asked the sender to explain under penalty of perjury why the content was not protected under fair use.
Disclaimer: We're a registered hosting provider under the DMCA.