Online Copyright Infringement Liability Limitation Act - Criticism

Criticism

The past decade of experience with the safe harbor provisions has shown them to be reasonably effective. Copyright holders have the incentive to monitor Internet sites for offending material, and to send ISPs notifications where appropriate, of material that should be taken down. ISPs have incentive to cooperate with copyright holders and terminate the accounts of repeat infringers on pain of forfeiting the safe harbor created by OCILLA. At the same time, copyright holders are deterred from improperly sending out notices by provisions that make them liable for resulting damages, and also by bad publicity.

That is not to say that OCILLA functions perfectly in practice. There are several problems resulting from imperfect incentives created by the law, from the complexity and requirements of the counter-notice procedures, and from evolving Web Technology.

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Famous quotes containing the word criticism:

    The critic lives at second hand. He writes about. The poem, the novel, or the play must be given to him; criticism exists by the grace of other men’s genius. By virtue of style, criticism can itself become literature. But usually this occurs only when the writer is acting as critic of his own work or as outrider to his own poetics, when the criticism of Coleridge is work in progress or that of T.S. Eliot propaganda.
    George Steiner (b. 1929)

    Cubism had been an analysis of the object and an attempt to put it before us in its totality; both as analysis and as synthesis, it was a criticism of appearance. Surrealism transmuted the object, and suddenly a canvas became an apparition: a new figuration, a real transfiguration.
    Octavio Paz (b. 1914)

    When you overpay small people you frighten them. They know that their merits or activities entitle them to no such sums as they are receiving. As a result their boss soars out of economic into magic significance. He becomes a source of blessings rather than wages. Criticism is sacrilege, doubt is heresy.
    Ben Hecht (1893–1964)