May 30, 2003
In MPAA We Trust

The Register is reporting that "good faith" in a take down provision is all that is needed to shut down a website that someone claims violates the DMCA. You know, that 4th Amendment thing was too messy and overly complicated to bother with anyway. Jack Valenti has more important things to think about.

A U.S. court has extended the power of the DMCA even further with a ruling this week that backs up copyright holders' ability to shut down a Web site on "good faith."

InternetMovies.com had asked the District Court for the District of Hawaii to require that copyright holders investigate infringing Web sites before shutting them down. This rational request was rejected by the court, as its granted the MPAA (Motion Picture Association of America) and any other DMCA zealot the right to put the clamp on Web sites at will.

"This decision rules that the Digital Millennium Copyright Act (DMCA) does not require a copyright holder to conduct an investigation to establish actual infringement prior to sending notice to an Internet Service Provider (ISP) requiring them to shut-down an allegedly infringing web site, or stopping service all together to an alleged violator," InternetMovies.com said in a statement.

Thankfully, InternetMovies.com is appealing. But the MPAA won the last round and if they prevail, we may all be forced to trust Jack's interpretation of things, instead of a judge's.

Posted by Mary Hodder at May 30, 2003 08:10 AM
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