A content-linking-context model for “notice-and-takedown” procedures
A content-linking-context model for “notice-and-takedown” procedures
The US Digital Millennium Copyright Act (DMCA) of 1998 adopted a notice-and-take-down procedure to help tackle alleged online infringements through online service providers’ actions. The European Directive 2000/31/EC (e-Commerce Directive) introduced similar liability exemptions, but did not specify any take-down procedure. Many intermediary (host, and online search engine) service providers even in Europe have followed this notice-and-take-down procedure to enable copyright owners to issue notices to take down allegedly infringing Web resources. However, the accuracy of take-down is not known, and notice receivers do not reveal clear information about how they check the legitimacy of these requests, about whether and how they check the lawfulness of allegedly infringing content, or what criteria they use for these actions. In this paper, we use Google’s Transparency Report as the benchmark to investigate the information content of take-down notices and the accuracy of the resulting take-downs of allegedly infringing Web resources. The analysis of copyright infringement is limited to the five scenarios most frequently encountered in our study of Web resources. Based on our investigation, we propose a Content-Linking-Context (CLC) model of the criteria to be considered by intermediary service providers to achieve more accurate take-down.
161-165
Association for Computing Machinery
Zhang, Pei
a881c1a8-503d-4429-be9b-6895a69be4f0
Stalla-Bourdillon, Sophie
c189651b-9ed3-49f6-bf37-25a47c487164
Gilbert, Lester
a593729a-9941-4b0a-bb10-1be61673b741
22 May 2016
Zhang, Pei
a881c1a8-503d-4429-be9b-6895a69be4f0
Stalla-Bourdillon, Sophie
c189651b-9ed3-49f6-bf37-25a47c487164
Gilbert, Lester
a593729a-9941-4b0a-bb10-1be61673b741
Zhang, Pei, Stalla-Bourdillon, Sophie and Gilbert, Lester
(2016)
A content-linking-context model for “notice-and-takedown” procedures.
In WebSci '16 Proceedings of the 8th ACM Conference on Web Science.
Association for Computing Machinery.
.
(doi:10.1145/2908131.2908171).
Record type:
Conference or Workshop Item
(Paper)
Abstract
The US Digital Millennium Copyright Act (DMCA) of 1998 adopted a notice-and-take-down procedure to help tackle alleged online infringements through online service providers’ actions. The European Directive 2000/31/EC (e-Commerce Directive) introduced similar liability exemptions, but did not specify any take-down procedure. Many intermediary (host, and online search engine) service providers even in Europe have followed this notice-and-take-down procedure to enable copyright owners to issue notices to take down allegedly infringing Web resources. However, the accuracy of take-down is not known, and notice receivers do not reveal clear information about how they check the legitimacy of these requests, about whether and how they check the lawfulness of allegedly infringing content, or what criteria they use for these actions. In this paper, we use Google’s Transparency Report as the benchmark to investigate the information content of take-down notices and the accuracy of the resulting take-downs of allegedly infringing Web resources. The analysis of copyright infringement is limited to the five scenarios most frequently encountered in our study of Web resources. Based on our investigation, we propose a Content-Linking-Context (CLC) model of the criteria to be considered by intermediary service providers to achieve more accurate take-down.
Text
paper_camera_ready.pdf
- Accepted Manuscript
Restricted to Registered users only
Request a copy
More information
Accepted/In Press date: 22 March 2016
Published date: 22 May 2016
Venue - Dates:
WebSci '16 ACM Web Science Conference, , Hannover, Germany, 2016-05-22 - 2016-05-25
Organisations:
Southampton Law School, Electronic & Software Systems
Identifiers
Local EPrints ID: 397678
URI: http://eprints.soton.ac.uk/id/eprint/397678
PURE UUID: 6c8d023d-6c1a-4fef-a28d-92e5ecd37125
Catalogue record
Date deposited: 05 Jul 2016 09:41
Last modified: 16 Mar 2024 04:05
Export record
Altmetrics
Contributors
Author:
Pei Zhang
Author:
Lester Gilbert
Download statistics
Downloads from ePrints over the past year. Other digital versions may also be available to download e.g. from the publisher's website.
View more statistics
