Online Copyright Infringement Liability Limitation Act - Criticism

Criticism

The past decade of experience with the safe harbor provisions has shown them to be reasonably effective. Copyright holders have the incentive to monitor Internet sites for offending material, and to send ISPs notifications where appropriate, of material that should be taken down. ISPs have incentive to cooperate with copyright holders and terminate the accounts of repeat infringers on pain of forfeiting the safe harbor created by OCILLA. At the same time, copyright holders are deterred from improperly sending out notices by provisions that make them liable for resulting damages, and also by bad publicity.

That is not to say that OCILLA functions perfectly in practice. There are several problems resulting from imperfect incentives created by the law, from the complexity and requirements of the counter-notice procedures, and from evolving Web Technology.

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