Internet takedown laws

English translation: laws that protect OSPs from copyright liability if they remove infringing content upon notice

16:06 Nov 22, 2011
English language (monolingual) [PRO]
Law: Patents, Trademarks, Copyright
English term or phrase: Internet takedown laws
I have no other context. It looks like this is a widely used term; however, I still cannot understand its meaning. Is it regulations that protect intellectual property or censorship or anything else?
boostrer
United States
Local time: 01:06
Selected answer:laws that protect OSPs from copyright liability if they remove infringing content upon notice
Explanation:
In the U.S., Title II of the Digital Millennium Copyright Act (DMCA) sets out the limits on online service provider liability. Basically, sites like Youtube can protect themselves from copyright liability if, after receiving notice of the infringement, they remove infringing content posted by their users.

http://en.wikipedia.org/wiki/Digital_Millennium_Copyright_Ac...
"DMCA Title II, the Online Copyright Infringement Liability Limitation Act ("OCILLA"), creates a safe harbor for online service providers (OSPs, including ISPs) against copyright liability if they adhere to and qualify for certain prescribed safe harbor guidelines and promptly block access to allegedly infringing material (or remove such material from their systems) if they receive a notification claiming infringement from a copyright holder or the copyright holder's agent. OCILLA also includes a counternotification provision that offers OSPs a safe harbor from liability to their users upon notice from such users claiming that the material in question is not, in fact, infringing. OCILLA also provides for subpoenas to OSPs to provide their users' identity."

"The DMCA has been criticized for making it too easy for copyright owners to encourage website owners to take down allegedly infringing content and links which may in fact not be infringing. When website owners receive a takedown notice it is in their interest not to challenge it, even if it is not clear if infringement is taking place, because if the potentially infringing content is taken down the website will not be held liable. The Electronic Frontier Foundation senior IP attorney Fred von Lohmann has said this is one of the problems with the DMCA."
Selected response from:

JapanLegal
Japan
Local time: 14:06
Grading comment
Selected automatically based on peer agreement.
4 KudoZ points were awarded for this answer



SUMMARY OF ALL EXPLANATIONS PROVIDED
5 +3laws that protect OSPs from copyright liability if they remove infringing content upon notice
JapanLegal
3laws or regulations about forcing something to be taken off the internet
Stephanie Ezrol


Discussion entries: 1





  

Answers


8 mins   confidence: Answerer confidence 5/5 peer agreement (net): +3
internet takedown laws
laws that protect OSPs from copyright liability if they remove infringing content upon notice


Explanation:
In the U.S., Title II of the Digital Millennium Copyright Act (DMCA) sets out the limits on online service provider liability. Basically, sites like Youtube can protect themselves from copyright liability if, after receiving notice of the infringement, they remove infringing content posted by their users.

http://en.wikipedia.org/wiki/Digital_Millennium_Copyright_Ac...
"DMCA Title II, the Online Copyright Infringement Liability Limitation Act ("OCILLA"), creates a safe harbor for online service providers (OSPs, including ISPs) against copyright liability if they adhere to and qualify for certain prescribed safe harbor guidelines and promptly block access to allegedly infringing material (or remove such material from their systems) if they receive a notification claiming infringement from a copyright holder or the copyright holder's agent. OCILLA also includes a counternotification provision that offers OSPs a safe harbor from liability to their users upon notice from such users claiming that the material in question is not, in fact, infringing. OCILLA also provides for subpoenas to OSPs to provide their users' identity."

"The DMCA has been criticized for making it too easy for copyright owners to encourage website owners to take down allegedly infringing content and links which may in fact not be infringing. When website owners receive a takedown notice it is in their interest not to challenge it, even if it is not clear if infringement is taking place, because if the potentially infringing content is taken down the website will not be held liable. The Electronic Frontier Foundation senior IP attorney Fred von Lohmann has said this is one of the problems with the DMCA."

JapanLegal
Japan
Local time: 14:06
Works in field
Native speaker of: Native in EnglishEnglish, Native in JapaneseJapanese
PRO pts in category: 4
Grading comment
Selected automatically based on peer agreement.

Peer comments on this answer (and responses from the answerer)
agree  Charlesp
21 hrs
  -> Thank you! And I agree with Stephanie that NTD regimes can be about other types of liability (not just copyright), but they operate by providing a safe harbor from liability to those who comply with takedown notices. OSPs are not compelled to act.

agree  ErichEko ⟹⭐
1 day 7 hrs
  -> Thank you!

agree  Phong Le
2 days 17 hrs
  -> Thank you!
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9 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5
internet takedown laws
laws or regulations about forcing something to be taken off the internet


Explanation:
"Internet takedown" seems to be primarily be used by attorneys or other agencies who are interested in forcing certain things to be removed from websites.

HERE IS AN EXAMPLE THAT REFERS TO US LAW:

Internet Takedown (DMCA) Attorney Attorney in Indianapolis, IN
Violation of intellectual property on the Internet? Speak with an Internet Takedown (DMCA) attorney at Lewis & Kappes, P.C., in Indianapolis, IN. With nearly 25 years of legal experience in intellectual property law, we are also at the forefront of the burgeoning area of Internet law. If your intellectual property or reputation has been damaged on the Internet, contact us to explore your options.

Clients and Services

Our clients include individuals and businesses concerned with online intellectual property infringement (patent, trademark and copyright), invasion of privacy and reputation management. We also work with domain name disputes, defamation, libel, slander and business disparagement as they manifest online. Let us help enforce your rights. We excel at reputation management – a huge concern with health care professionals – considering, for example, the potential damage misuse of words like “malpractice” can cause.

Digital Millennium Copyright Act (DMCA)

The Digital Millennium Copyright Act (DMCA) is a federal law that criminalizes any production or dissemination of technology, devices or services intended to circumvent measures that control access to copyrighted works.


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Note added at 11 mins (2011-11-22 16:17:41 GMT)
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http://pview.findlaw.com/internet-takedown-dmca-attorney-att...

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Note added at 15 mins (2011-11-22 16:21:35 GMT)
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The following article from the UK makes clear that "take down" can involve more than copyright issues, including things child sexual abuse.
The text is not copyable, but I think you will find the first two pages very useful.

http://www.cl.cam.ac.uk/~rnc1/takedown.pdf


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Note added at 19 mins (2011-11-22 16:26:02 GMT)
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Another aspect is slander where the laws vary widely in the UK and the US. This is a reference by a law firm to that:

"Reputation management advice and dispute representation including Internet takedown actions"
http://www.lewis-kappes.com/PracticeAreas/Health-Care.asp



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Note added at 21 mins (2011-11-22 16:28:19 GMT)
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Therefore I would say that from a translation standpoint, in you don't have any further context then a rather literal translation would be the safest. Take down simply meaning have to take down (remove) something from the internet.

Stephanie Ezrol
United States
Local time: 01:06
Native speaker of: English
PRO pts in category: 4

Peer comments on this answer (and responses from the answerer)
neutral  Charlesp: yes, a good explaination and useful details
21 hrs

neutral  JapanLegal: "In fact, when we examine NTD regimes, we find that incentives are at the heart of the effectiveness of every process, outweighing the nature of the material or the legal framework for removal." From link 3: this is about incentives, not compulsion.
21 hrs
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