scholarly journals Undue Process: Challenges for Rightholders and Service Providers Implementing Section 512’s Notice and Takedown Provisions

2016 ◽  
Author(s):  
Jennifer Urban

*Abstract: *This paper empirically examines the 17 U.S.C. § 512 notice and takedown process as implemented by the Texas online service provider, The Planet. We reviewed a random sample of notices from a population of all notices processed by The Planet from August 2004 to June 2007. We used a mixed methodology, qualitatively assessing the notices, and running quantitative checks to ensure that we were not mistakenly over- or understating the importance of qualitative findings. Because the notices most clearly show sender behavior, we focus on senders’ use of section 512; we then more generally discuss the possible effects of sender behavior on targets and OSPs. We conclude that section 512 continues to be useful for copyright holders; in addition, it undoubtedly provides important innovation-promoting protection for intermediaries. Yet the section 512 regime also shows serious strain in practice, at least within our observed set of notices. A considerable group of senders have difficulty following section 512’s technical requirements and understanding the substantive underlying copyright law. Further, as expected, the large copyright industries appear to be challenged by peer-to-peer filesharing — a problem for which the notice and takedown framework does not provide immediate relief — leading them to make broader demands than are supported by section 512. Finally, the emerging dominance of third-party rights enforcement organizations ("REOs") and trade associations, which have incentives to generate notices and achieve takedowns, add a layer of complexity to the process. Ultimately, these strains, and senders’ responses to them, likely affect both OSPs and targets. Overall, they prompt concerns about due process for targets and potential harms to Internet expression. We reaffirm our previous suggestions for reform, and call for greater information sharing and transparency to help rebalance and strengthen the section 512 process.Available at SSRN: http://ssrn.com/abstract=2694348

2016 ◽  
Author(s):  
Jennifer Urban ◽  
Joe Karaganis ◽  
Brianna Schofield

*Abstract:*It has been nearly twenty years since section 512 of the Digital Millennium Copyright Act established the so-called notice and takedown process. Despite its importance to copyright holders, online service providers, and Internet speakers, very little empirical research has been done on how effective section 512 is for addressing copyright infringement, spurring online service provider development, or providing due process for notice targets.This report includes three studies that draw back the curtain on notice and takedown:1. using detailed surveys and interviews with more than three dozen respondents, the first study gathers information on how online service providers and rightsholders experience and practice notice and takedown on a day-to-day basis;2. the second study examines a random sample from over 100 million notices generated during a six-month period to see who is sending notices, why, and whether they are valid takedown requests; and3. the third study looks specifically at a subset of those notices that were sent to Google Image Search.The findings suggest that whether notice and takedown “works” is highly dependent on who is using it and how it is practiced, though all respondents agreed that the Section 512 safe harbors remain fundamental to the online ecosystem. Perhaps surprisingly in light of large-scale online infringement, a large portion of OSPs still receive relatively few notices and process them by hand. For some major players, however, the scale of online infringement has led to automated, “bot”-based systems that leave little room for human review or discretion, and in a few cases notice and takedown has been abandoned in favor of techniques such as content filtering. The second and third studies revealed surprisingly high percentages of notices of questionable validity, with mistakes made by both “bots” and humans.The findings strongly suggest that the notice and takedown system is important, under strain, and that there is no “one size fits all” approach to improving it. Based on the findings, we suggest a variety of reforms to law and practice.Note: This is an updated version of the original paper. It includes two new appendices and some minor updates and corrections.Also available at SSRN: http://ssrn.com/abstract=2755628


2011 ◽  
Vol 5 (4) ◽  
pp. 1-7
Author(s):  
Murthy V. Rallapalli

This article presents an alternate approach to effectively address the way privacy agreements are initiated through web services. In this new framework, the consumer and the service provider can mutually negotiate on the privacy terms. It contains a privacy model in which the transaction takes place after a negotiation between the service provider and the web user is completed. In addition, this framework would support various negotiation levels of the agreement lifecycle which is an important aspect of the dynamic environment of a B2C e-commerce scenario. A third party trusted agency and a privacy filter are included to handle privacy information of the web user. The author seeks to raise awareness of the issues surrounding privacy transactions and the potential ongoing impact to both service providers and clients as the use of web services accelerates.


2013 ◽  
Vol 22 (05) ◽  
pp. 1360003
Author(s):  
SINA HONARI ◽  
BRIGITTE JAUMARD ◽  
JAMAL BENTAHAR

Despite the widespread usage of the evaluation mediums for online services by the clients, there is a requirement for a trust evaluation tool that provides the clients with the degree of trustworthiness of the service providers. Such a tool can provide increased familiarity with unknown third party entities, e.g. service providers, especially when those entities neither project completely trustworthy nor totally untrustworthy behaviour. Indeed, developing some metrics for trust evaluation under uncertainty can come handy, e.g., for customers interested in evaluating the trustworthiness of an unknown service provider throughout queries to other customers of unknown reliability. In this research, we propose an evaluation metric to estimate the degree of trustworthiness of an unknown agent, say aD, through the information acquired through a group of agents who have interacted with agent aD. This group of agents is assumed to have an unknown degree of reliability. In order to tackle the uncertainty associated with the trust of these set of unknown agents, we suggest to use possibility distributions. Later, we introduce a new certainty metric to measure the degree of agreement in the information reported by the group of agents in A on agent aD. Fusion rules are then used to measure an estimation of the agent aD’s degree of trustworthiness. To the best of our knowledge, this is the first work that estimates trust, out of empirical data, subject to some uncertainty, in a discrete multi-valued trust domain. Finally, numerical experiments are presented to validate the proposed tools and metrics.


Author(s):  
Alptekin Ulutas

Logistics is a key factor for companies to sustain their businesses, to gain the competitive advantage in the market, and to speed up the transportation process. Companies can perform their own logistic activities using their own core competencies; however, they can face huge logistics costs. To avoid these logistics operating costs, companies need to cooperate with third party logistics service providers (3PL) to perform logistics activities. This chapter proposes an integrated rough MCDM model including Rough SWARA and Rough COPRAS methods to identify the best 3PL for a Turkish textile company. These two rough methods were not previously utilized in solving any decision-making problems in the extant literature. Thus, the contribution of this study is to develop a new rough integrated model to solve the 3PL service provider selection problem.


Author(s):  
Murthy V. Rallapalli

This article presents an alternate approach to effectively address the way privacy agreements are initiated through web services. In this new framework, the consumer and the service provider can mutually negotiate on the privacy terms. It contains a privacy model in which the transaction takes place after a negotiation between the service provider and the web user is completed. In addition, this framework would support various negotiation levels of the agreement lifecycle which is an important aspect of the dynamic environment of a B2C e-commerce scenario. A third party trusted agency and a privacy filter are included to handle privacy information of the web user. The author seeks to raise awareness of the issues surrounding privacy transactions and the potential ongoing impact to both service providers and clients as the use of web services accelerates.


2016 ◽  
Vol 16 (1) ◽  
pp. 51-59 ◽  
Author(s):  
Ponnuboina Kishore ◽  
G. Padmanabhan

AbstractIn India, Manufacturing companies are primarily being concentrated on the production activities which led to drastic improvement of outsourcing logistics process to third party logistics (3PLS), consequently a strong outsourcing logistics can be observed over the next two decades for the development of a company. It may therefore be noted that the enhancement and extrusion are necessary in order to effectively asses risk and opportunities. To achieve this, the best logistics service provider which leads to the growth of organisation and industry has to be selected. The present work aims at the integration of Analytic Hierarchy Process (AHP) and Technique for Order Preference by Similarity to Ideal Solution (TOPSIS) in Fuzzy environment. The integration is carried out with more consistency while evaluating and selecting the best Logistics service provider based on ten coordination criteria viz. Custom Clearance, On Time Delivery, Number of Customers Handled, Placement Percentage, Tracking Status, Service Quality, Solving of Issues, Collecting Proof of Delivery, Region and Price. Fuzzy AHP is used to calculate relative weights of each coordination criterion. Logistics service providers are ranked based on closeness coefficient, calculated for each LSP using Fuzzy TOPSIS. By this method the LSP5 has selected as best logistic service provider among the seven LSP for battery manufacturing company.


2018 ◽  
Author(s):  
Jennifer Urban ◽  
Joe Karaganis ◽  
Brianna L. Schofield

Section 512 of the Digital Millennium Copyright Act established both "safe harbors" from liability for online service providers and the well-known "notice and takedown" process for removing online infringements of copyrighted material. In the ensuing two decades, the notice and takedown process has become a primary tool for raising and resolving copyright disputes in the United States.But despite its influence, there is little empirical research describing § 512's operation or its effectiveness. This article digests findings from a qualitative study, reported fully in the three-study report, Notice and Takedown in Everyday Practice (available at https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2755628) and peer-reviewed here, that helps fill this gap. Through detailed surveys and interviews with nearly three dozen respondents, we provide the first detailed account of how § 512 is implemented and experienced by online service providers and large rightsholders. All respondents agreed that the § 512 safe harbors and the ability to take down infringing material remain fundamental. But the online copyright enforcement ecosystem is also highly diverse, and all participants face challenges. The findings suggest that the notice and takedown system is important, under strain, and that there is no "one size fits all" approach to improving it. Based on the findings, we suggest a variety of best practices and limited legal reforms.


2021 ◽  
Vol 4 (1) ◽  
pp. 19-33
Author(s):  
Çağlar Karamaşa ◽  
◽  
Ezgi Demir ◽  
Salih Memiş ◽  
Selçuk Korucuk ◽  
...  

Today, growing and changing competitive conditions, products, and services, free movement of labor, and businesses with the information they develop strategies that create value to obtain a competitive advantage. Now, final buyers have the convenience of purchasing the products they demand with the features and conditions they want and at the price they accept. In such an environment, businesses use their supply chain and logistics activities more effectively and efficiently than their competitors. Today, achieving a strategic superiority in a global market where the content and quality of the products are the same is only possible by delivering the desired products to the customer at the desired price, at the desired time, in the desired amount, through the right channel, as quickly as possible and without any damage. In such a situation, the desire to focus on the main activities of the enterprises, the need for effective logistics operations, etc. logistics outsourcing has increased rapidly for reasons. Businesses can carry out logistics activities requiring expertise thanks to third party logistics (3PL) service providers in the field such as transportation, storage, customs clearance, without investing in logistics. For logistics outsourcing to be beneficial, a correct logistics service provider must be selected under the needs of the business. Selecting the right logistics service provider is important in increasing the benefit of outsourcing. In this study neutrosophic AHP was used to prioritize the factors.


Author(s):  
Mohd Saad Umair Ansari

In Today’s era where almost everything has moved their services online. Delivery of Groceries, Food, Electronics, and even Furniture have adopted smart ways to provide services. The approach is to provide a portal that will help in the reduction of manual tasks as much as possible. The goal is to bring service providers and customers on one platform. This Portal if modified, can also be used by other service providers that work based on appointment. Dealers can list their features along with their prices. For better interaction with customers, Portal also provides Customer Feedback and Customer Grievance, both are one on one services that are helpful in productivity and customer relationship. So, the simple approach is providing a system that will reduce the manual tasks, for instance, customers can book an appointment as necessary and the service provider will a time slot accordingly. Implementation is web-based.


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