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10 Minn. J.L. Sci. & Tech. 387 (2009)
The Digital Millennium Copyright Act Takedown Notice Procedure: Misuses, Abuses, and Shortcomings of the Process

handle is hein.journals/mipr10 and id is 387 raw text is: COBIA J. THE DIGITAL MILLENNIUM COPYRIGHT ACT TAKEDOWN NOTICE PROCEDURE: MISUSES, ABUSES, AND SHORTCOMINGS OF THE PROCESS. MINN. J.L. SC. & TECH. 2009;10(1):387-411. Note The Digital Millennium Copyright Act Takedown Notice Procedure: Misuses, Abuses, and Shortcomings of the Process Jeffrey Cobia* The takedown procedure provision of the Digital Millennium Copyright Act of 1998 (DMCA) was designed to balance the rights of copyright holders online with the rights of hosts who have no responsibility for, or knowledge of, third- party material. However, the DMCA fails to provide adequate protections and does not achieve this desired balance between copyright holders and hosts. This Note delineates the shortcomings of the DMCA takedown procedure and provides possible solutions to these problems. To understand these shortcomings, it is necessary to have a detailed knowledge of the DMCA, specifically the takedown procedure, as well as the reason for its enactment. This Note describes how the DMCA takedown procedure fails to adequately enforce copyrights, leads to violations of copyrights, and is used inappropriately to censor criticism. This Note concludes that the DMCA takedown procedure is an ineffective and shortsighted policy that can nevertheless be remedied by requiring all takedown notices to pass through the U.S. Copyright Office. © 2009 Jeffrey Cobia. : Jeffrey Cobia is a J.D. candidate at the University of Minnesota. He would like to thank Emily Quinlan for all her love and support, as well as the MJLST staff and editors from volumes 9 and 10.

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