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    Quantifying the DMCA's Chill: A forthcoming report

    November 22, 2005

    Abstract: Two members of the Chilling Effects team today released a preliminary report on their research into the use of the DMCA notice and takedown process. In an executive summary of a paper to appear this spring, Jennifer M. Urban of the USC Gould School of Law and Laura Quilter of the University of California-Berkeley (Boalt Hall) report on a disturbing number of legal flaws in so-called "DMCA notices"--which result in online materials being pulled from the Internet, generally without notice to the target. Urban and Quilter studied a sample of nearly 900 notices collected by the Chilling Effects project, and discovered that a third of them demanded removal when the target had a clear legal defense. The full research paper will appear in the March, 2006 edition of the Santa Clara Computer and High Technology Law Journal.


     


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