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Did Twitter really take in consideration these DMCA notices?

By Mauricio Freitas, in , posted: 30-Jan-2012 12:28

Incredible reading the "reasons" for DMCA notices sent to Twitter, asking for tweets to be removed. Here are some:

Where does this Tweet link to: The Tweet links to another website where the infringing material is made available.

Where is the infringing material: The linked website links to another website where the infringing material is available for display or download.

These people are sending notices to Twitter for what a third party posted. And it's not even to the site where something is made available, but it's a link to a web site that links to another web site.

Well, let me get the clear picture. Could someone please explain to me what part of "hyperlinked text" these folks are missing?

As per the linked page (hey, caution here, we are using the infamous "hyperlinked text" thing they don't like!):

Does a service provider have to follow the safe harbor procedures?

No. An ISP may choose not to follow the DMCA takedown process, and do without the safe harbor. If it would not be liable under pre-DMCA copyright law (for example, because it is not contributorily or vicariously liable, or because there is no underlying copyright infringement), it can still raise those same defenses if it is sued.

Twitter would not seem to be "contributorily or vicariously liable" as it is not hosting the material itself - no even in second degree, but they obviously don't want to get into a court to show how idiot is this kind of action.

I am not saying legitimate DMCA notices shouldn't be sent. I am saying DMCA notices shouldn't be sent left and right without aiming at the right companies.

Obviously, IANAL and we all know that logic is not something that prevails in the world these kind of people live.

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Mauricio Freitas
Wellington
New Zealand


I live in New Zealand and my interests include mobile devices, good books, movies and food of course! 

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