Copyright-Based Censorship

The Digital Millennium Copyright Act remains a potent weapon with which to silence online critics. That’s the takeaway from the disappointing ruling last month in a closely watched Massachusetts case, Tuteur v. Crosley-Corcoran. The court ruled that to send a DMCA takedown notice, a copyright holder need only “affirm a good faith belief that the copyrighted material is being used without her or her agent’s permission.” This decision, which seemingly ignores key statutory language, weakens the DMCA’s already anemic anti-abuse provisions and will encourage precisely the type of strategic behavior alleged to have occurred in this case.

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