In Rossi v. Motion Picture Association of America Inc., the U.S. Court of Appeals for the Ninth Circuit recently held that the notice and takedown provision of the DMCA requires a subjective “good faith” belief that a website is infringing copyrighted material, and not an objective showing by the complaining party. A subjective standard for notice and takedown may do less to promote collaboration between service providers and copyright owners, judicial economy, or fair website management than would an objective standard requiring a minimal degree of investigation. This article concludes, however, that a subjective standard is supported by the literal wording of the statute and results in a cautious approach to protecting copyright owners.
Lawrence F. Rozsnyai,
Easy Come, Easy Go: Copyright Infringement and the DMCA's Notice and Takedown Provision in Light of Rossi v. MPAA,
2 Shidler J. L. Com. & Tech.
Available at: https://digitalcommons.law.uw.edu/wjlta/vol2/iss4/1