Disney v. Hotfile

EFF has urged a federal judge to reject arguments from Warner Brothers Entertainment claiming that the company’s automated scheme to send copyright infringement notices absolves it of responsibility for the system’s major flaws.  In this case, Warner is accused of sending thousands of takedown notices for content it did not own to a cyber-locker site called Hotfile.  Hotfile asked for damages under the Digital Millennium Copyright Act (DMCA), which holds copyright users accountable if they send takedown notices in bad faith.  However, Warner insists that while it knew it was issuing some bad takedown requests with its semi-automated system, the errors should be excused by the court because a computer made the mistake – not a human.  In an amicus brief, EFF argues that Warner cannot wash its hands of its responsibility for the improper removal of content from Hotfile’s servers.

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