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Saturday, January 05, 2008



It's about time eBay gets serious about DMCA takedowns. Unfortunately, eBay's NOCI process just about guarantees that the average complainant will fail to comply with the real requirements of the DMCA, and the only basis for takedown under the DMCA: copyright infringement. Creating a category of complaint for "intellectual property" and then rigging up a procedure which looks and feels like, but is not a DMCA takedown, seriously muddies the water.

DMCA takedowns just as frequently backfire on the honest rights holder, as they succeed. For those interested in more information, I have an article about the very real dangers of making defective DMCA claims at my blog at (sorry, I can't place a direct link here):

"DMCA Takedowns and C&Ds: Enforcing Rights Against Online Infringers," February 5, 2008

Carol Shepherd
Arborlaw PLC

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