Court confirms DMCA 'good faith' web site shut down rights

[Dave Farber <dave () farber net>]

> Date: Fri, 30 May 2003 06:39:54 -0400
> From: Richard Forno <rforno () infowarrior org>
>
>
> Dave, for IP if you like.....rf
>
>
>
> Court confirms DMCA 'good faith' web site shut down rights
>
> A U.S. court has extended the power of the DMCA even further with a ruling
> this week that backs up copyright holders' ability to shut down a Web site
> on "good faith."
>
> InternetMovies.com had asked the District Court for the District of Hawaii
> to require that copyright holders investigate infringing Web sites before
> shutting them down. This rational request was rejected by the court, as its
> granted the MPAA (Motion Picture Association of America) and any other DMCA
> zealot the right to put the clamp on Web sites at will.
>
> "This decision rules that the Digital Millennium Copyright Act (DMCA) does
> not require a copyright holder to conduct an investigation to establish
> actual infringement prior to sending notice to an Internet Service Provider
> (ISP) requiring them to shut-down an allegedly infringing web site, or
> stopping service all together to an alleged violator," InternetMovies.com
> said in a statement.
>
> In the land of the DMCA, a "good faith belief" of infringement makes it
> possible to hijack a Web site without investigation.
>
> This decision seems to have thrown a large chunk of the Internet into a
> virtual Guantanamo Bay. The U.S. military describes its Cuban compound as
> the least worst place , which is an apt take on where Internet users appear
> to be.
>
> < snip >
>
> http://www.theregister.co.uk/content/6/30943.html


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