Tuesday, February 07, 2012

DMCA Safe Harbor counter-notification can be hobbled if complainant not identified

In a 2009 video of a conference on domain names and trademark at Case Western Reserve in Cleveland, Electronic Frontier Foundation attorney Corynne McSherry  mentions that the DMCA Safe Harbor provision has a serious practical shortcoming. Service providers don’t have to notify original posters as to identity of the complainant.  This is significant particularly for mash-up videos where it is possible that more than one party could have claimed copyright infringement.  However, sometime in late 2008 or early 2009, YouTube started notifying account-holders who had complained so that respondents could more easily counterclaim.

There is another end-around for copyright owners, which is to try to make bogus trademark claims and misuse the domain name system, which I’ll cover soon on the trademark blog (I have an entry there today). 
McSherry appears at about the 1 hour mark in this video:

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