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Court confirms DMCA 'good faith' web site shut down rights
Court confirms DMCA 'good faith' web site shut down rights

A U.S. court has extended the power of the DMCA even further with a ruling
this week that backs up copyright holders' ability to shut down a Web site
on "good faith." had asked the District Court for the District of Hawaii
to require that copyright holders investigate infringing Web sites before
shutting them down. This rational request was rejected by the court, as its
granted the MPAA (Motion Picture Association of America) and any other DMCA
zealot the right to put the clamp on Web sites at will.

"This decision rules that the Digital Millennium Copyright Act (DMCA) does
not require a copyright holder to conduct an investigation to establish
actual infringement prior to sending notice to an Internet Service Provider
(ISP) requiring them to shut-down an allegedly infringing web site, or
stopping service all together to an alleged violator,"
said in a statement.

In the land of the DMCA, a "good faith belief" of infringement makes it
possible to hijack a Web site without investigation.

This decision seems to have thrown a large chunk of the Internet into a
virtual Guantanamo Bay. The U.S. military describes its Cuban compound as
the least worst place , which is an apt take on where Internet users appear
to be.

posted Sat May 31 13:53:40 2003 | article numb 9

Intuit says DRM just does not pay!

"Intuit said Wednesday that it has dropped product activation and
digital-rights-management software from almost all future products,
including paid copies of TurboTax, in response to a backlash from its
customers. Adding digital-rights-management software to the company's tax
preparation neither paid off financially in attracting new customers, nor in
consumer satisfaction, Intuit spokesman Scott Gulbransen said.

"We're dropping (DRM) in all prepaid products -- that means any copy you
purchase at a retail store or direct from us," the spokesman said, referring
to sales over the Internet from Intuit's web site."

posted Tue May 27 14:35:00 2003 | article numb 8

Judge Leaning Studios' Way in DMCA Fight

The Recorder

A federal judge in San Francisco presiding over the latest blockbuster
challenge to the Digital Millennium Copyright Act said Thursday she was
"substantially persuaded" by a pair of rulings that sided with copyright
holders in upholding the law. Judge Susan Illston sounded ready during
summary judgment arguments to let film studios use the DMCA to stop 321
Studios' distribution of software that lets users make copies of
encrypted DVDs.

posted Fri May 16 16:16:17 2003 | article numb 7

Justices Decree DVD Show Must Go On

Justices Decree DVD Show Must Go On

The Recorder

Claiming that a controversial DVD de-scrambling code has long been
available online, a man accused of improperly linking Internet viewers
to the code asked earlier this year that the case against him be
declared moot. On Wednesday, the California Supreme Court rejected his
plea 4-1, ensuring that the closely watched case remains on the court's
May 29 oral argument calendar in San Francisco.

posted Fri May 16 16:10:30 2003 | article numb 6

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