[IRPCoalition] Notice and Notice provisions

Andrew Rens andrewrens at gmail.com
Thu Nov 29 18:14:42 EET 2012

The Republic of South Africa currently offers ISP's limitation of liability
provided that they comply with a notice and take down procedure. The
legislation setting out the limitation is due for revision and I am writing
an argumente for a notice and notice requirement.

We would be grateful if anyone on the list can alert us to notice and
notice procedures in national laws, and if possible provide us with
translations into English and material on how the procedures have worked.

By notice and notice I mean a procedure in which a person complains to the
ISP that there is infringing content, and the ISP notifies the user who is
alleged to have infringed and the user can either do nothing in which case
the material is removed or can deny infringement e.g. by claiming to be
copyright holder or fair use etc. If the user denies infringement then the
ISP simply advises the complainant who must go to court to get an order to
take the material down. If the user does not respond or admits infringement
then the ISP takes the material down.

Right now South Africa has a notice and take down provision. If an ISP gets
a notice then it must take down the content, the user isn't given a chance
to dispute the notice.

Andrew Rens

ex africa semper aliquid novi (http://aliquidnovi.org)
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