In the paper, Seltzer argues that “federal law, through copyright and the DMCA, bears direct responsibility for the chilling restriction on online speech… Depriving speakers of opportunities for publication and dissemination can be tantamount to banning speech; pressuring distribution points can cut them off.”One of her key points is that the law gives rightsholders the power to demand takedowns, but copyright infringement is often unclear. “Copyright law and its fair use provisions, of course, are far from a bright line,” she writes. “Many of the cases ISPs are called in to adjudicate pursuant to DMCA notices are fact-specific disputes even courts would be unable to decide on summary judgment.”
via DMCA takedowns: trampling on free speech rights?.
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