3 ms·

How is a DMCA takedown notice fundamentally different than a Cease and Desist letter? Are companies required to adhere to a DMCA notice, or is that just policy

• kd5bjo 7y ago
  > Are companies required to adhere to a DMCA notice, or is that just policy to avoid litigation? By law, if a service provider doesn’t know that material they’re hosting on behalf of someone else is infringing, then they’re not liable for any copyright violations in that content. The notice process exists to inform them of that fact, and if they continue to host the material, they’re then liable for it. The law also protects the provider from complaints by the original uploader about taking down content pursuant to a DMCA notice; that’s the counter-notices you’ll sometimes hear people mentioning. Overall, the law is intended to let service providers stay clear of copyright disputes that involve their customers.
  • wtallis 7y ago
    > The law also protects the provider from complaints by the original uploader about taking down content pursuant to a DMCA notice; that’s the counter-notices you’ll sometimes hear people mentioning. There's a separate bit that protects providers who take things down that are obviously infringing, even if nobody filed a takedown notice. But that safe harbor provision doesn't apply in cases where the provider botched their handling of the takedown notice procedure.
    • deleted 7y ago
      [deleted]