Other Contributors

About Us

The contributors to the Consumer Law & Policy blog are lawyers and law professors who practice, teach, or write about consumer law and policy. The blog is hosted by Public Citizen Litigation Group, but the views expressed here are solely those of the individual contributors (and don't necessarily reflect the views of institutions with which they are affiliated). To view the blog's policies, please click here.

« Would the Close-Connectedness Doctrine Help Defrauded Subprime Borrowers? | Main | Presidential candidates on toy safety »

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

The comments to this entry are closed.

Subscribe to CL&P

RSS/Atom Feed

To receive a daily email of Consumer Law & Policy content, enter your email address here:

Search CL&P Blog

Recent Posts

August 2022

Sun Mon Tue Wed Thu Fri Sat
  1 2 3 4 5 6
7 8 9 10 11 12 13
14 15 16 17 18 19 20
21 22 23 24 25 26 27
28 29 30 31