This case involves alleged misconduct by a large online retailer. An expert with specific experience working in businesses that allow users upload material, such as videos, pictures, or music, or post items for sale to a website (such as eBay, YouTube, Vimeo, etc.) was sought to consult on the processes for handling complaints of copyright infringement under the Digital Millennium Copyright Act (DMCA). The expert was also asked to discuss the technical ability of websites to monitor 1) items that users posted for sale, or 2) images/videos/music users uploaded to the website – and flag that content for potential copyright infringements. The expert was also asked to explain how these websites generate income and what control these sites can exercise over vendors and the advice that vendors are provided on website layout, pricing, and translation of product descriptions to other languages.
Question(s) For Expert Witness
- 1. Please briefly describe your experience working with websites in which users upload copyright material?
- 2. Can you speak to the processes for handling complaints of copyright infringement under the DMCA?
- 3. Can you speak to the general makeup of online companies such this, how they generate revenue, and how they interact with vendors?
Expert Witness Response E-063308
I’ve been involved in copyright suits involving alleged copyright infringement and file-sharing on large Internet services. I have also advised many companies on topics related to the identification and recognition of copyrighted materials (images, music, video) and have written whitepapers on the technology. I can speak to the processes for handling complaints of copyright infringement under the DMCA. I was an expert witness in several lawsuits that dealt specifically with DMCA complaint handling processes. I can speak to the general makeup of online companies such this, as I have written and consulted extensively on these subjects.