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Why the DMCA Needs to Be Modernized

By Viroopax Mirji and Sunil Gregory

In less than 20 years, law governing safe harbors for digital intermediaries is outdated.

It has been 18 years since the Digital Millennium Copyright Act (DMCA), 17 U.S.C. §1201 et seq., was signed into law. It became effective in October 2000, and it has been incorporated into the Copyright Act. It was created to balance the security and rights of copyright holders with the growing influence of digital communications. But today it is facing serious criticism about its usefulness from every key stakeholder — creators, distributors and consumers alike.

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