The University of Southampton
University of Southampton Institutional Repository

A content-linking-context model for “notice-and-takedown” procedures

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
ACM New York, NY, USA
Zhang, Pei
a881c1a8-503d-4429-be9b-6895a69be4f0
Stalla-Bourdillon, Sophie
c189651b-9ed3-49f6-bf37-25a47c487164
Gilbert, Lester
a593729a-9941-4b0a-bb10-1be61673b741
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. ACM New York, NY, USA. pp. 161-165 . (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
Download (646kB)
Request a copy

More information

Accepted/In Press date: 22 March 2016
Published date: 22 May 2016
Venue - Dates: WebSci '16 Proceedings of the 8th ACM Conference on Web Science, 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: 19 Jul 2019 18:11

Export record

Altmetrics

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

Atom RSS 1.0 RSS 2.0

Contact ePrints Soton: eprints@soton.ac.uk

ePrints Soton supports OAI 2.0 with a base URL of http://eprints.soton.ac.uk/cgi/oai2

This repository has been built using EPrints software, developed at the University of Southampton, but available to everyone to use.

We use cookies to ensure that we give you the best experience on our website. If you continue without changing your settings, we will assume that you are happy to receive cookies on the University of Southampton website.

×