August 4, 2008
In part one, we discussed the DMCA safe harbor provision as it pertains to bloggers, we looked at the elements of the law, what exactly they said and even the elements that compose a proper DMCA notice.
But even though the law itself is generally well understood, that does not mean it is not abused. Some, either through accident or malice, file false DMCA notices and demand removal for content that is not infringing. Others, unwittingly sacrifice the protections the law provides by not responding appropriately.
Bearing in mind that I am not an attorney, it is worth taking a few moments to think about strategies for using and handling DMCA notices. Because, whether you receive one or have to send one, it is best to be prepared for what is expected of you. read more