Technically Legal

Wendy Selzter of the Berkman Center for Internet and Society authored a paper that argues for harsher constitutional scrutiny for the DMCA takedown procedure.

She makes a good point that a court would never authorize an injunction without first making a determination of whether the content actually infringed copyright, and then draws an analogy to the DMCA takedown procedure.

We’ll try to take a closer look at the arguments over the next couple of days and come back with more commentary.

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