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Ninth Circuit Rules on Good Faith Belief for Notice and Take-Down Under DMCA

January 28, 2005

By Naomi Jane Gray

In a case of first impression, the Ninth Circuit recently held that the good faith belief required by Section 512 of the Digital Millennium Copyright Act (DMCA) in order to authorize a copyright owner to invoke the DMCA’s notice and take-down provision against an allegedly infringing website is judged by a subjective standard.