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Flawed DMCA Study

A flawed study on the DMCA – Peeling back the layers...

Berkeley Law's dubious study on copyright notice and takedown faces more scrutiny


Last month--a day before deadline for public comments on the U.S. Copyright Office's study on the impact and effectiveness of the safe harbor provisions of the Digital Millennium Copyright Act (“DMCA”), section 512--UC-Berkeley School of Law and the American Assembly (via the Google-funded Takedown Project) released a study purporting to give a "broad picture of how section 512 notice and takedown works on the ground." A day after its release I wrote quick post highlighting some initial concerns with the study, but hadn't had time to fully digest the entire 160 page report.  Now, nearly a month later, others have taken the time to more carefully look at the study and uncover its (many) dubious findings.  Kevin Madigan & Devlin Hartline  scholars at the Center for the Protection of Intellectual Property (CPIP) have published a detailed response to study, "Separating Fact from Fiction in the Notice and Takedown Debate," and note:

The study reads more like propaganda than robust empiricism. It should be taken for what it is: A policy piece masquerading as an independent study.

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Vox Indie is dedicated to exploring issues surrounding online copyright and content creation. As a 33-year indie film and journalism veteran, I’ll share my perspectives on piracy and the damage done to creators worldwide. My hope is to share ideas about possible solutions and to foster a greater appreciation and understanding of creators’ rights in our evolving digital landscape.