Fortifying the Safe Harbors: Reevaluating the DMCA in a Web 2.0 World

摘要

Additionally, given advances in technology, the copyright owner may no longer be the least-cost-avoider for detecting infringement online. In a Web 2.0 scheme, the possibility that technology can be used to filter out some infringing material is great and, in some cases, economically efficient. The current binary system of the DMCA's requirements does not allow for an adequate determination of that efficiency, and so a balancing test must be implemented in order to allow for an economical and just balance of the burden for preventing copyright infringement.