We often get this question. It is usually after the client has sent innumerable emails to both the website owner or contact and the ISP/ OSP hosting the website and received no response.
The copyright act and the DMCA in particular are specific about what information is required in order for an ISP/OSP to act upon a DMCA Takedown request. Without addressing these specifics and often in the correct order ISP/OSP's will often ignore copyright infringement emails. Ultimately there is nothing to compel website owners to remove content except by the law in their jurisdiction or the ISP/OSP.
The "DMCA Takedown" is:
- when copyright infringing content is removed or "taken down" from a website by the website owner upon receipt of a DMCA Takedown Notice from ISP / Hosting company or direct from the content owner.
- when an infringing website is taken down or "offline" by the ISP or Hosting company the infringing website uses. Generally this occurs because the website owner does not voluntarily comply with a takedown notice.
Both Takedown actions occur using stipulations laid out in the Digital Millennium Copyright Act. The DMCA Takedown is delivered because the infringing website is publishing content which is in violation of copyright protection act or being used without permission, according to the sworn statement of the content owner.