This article analyzes the current position that UGC site users find themselves in relation to their ability to dispute copyright infringement claims. Part II discusses the introduction and purpose of the DMCA along with the statutory provisions and case law relevant to the subject. Part III covers the underlying issues encumbering the current appeals process for the OSPs as dictated under the DMCA, and why changes are required. Part IV advocates for a new dispute process, one in favor of online alternative dispute resolution (OADR), and explains how this new paradigm would produce more equitable results for UGC site users. Finally, Part V lists further changes that would be necessary in order to ensure that OADR exists as (and continues in the future to be) a more viable, equitable, and less expensive process for resolving YouTube-like OSP copyright infringement disputes than the current system presently allows.
Scott A. Tarbell,
Don't Tread on Me: The Need for an Alternate Dispute Resolution Process for the Creators and Uploaders of User-Generated Content,
14 Pepp. Disp. Resol. L.J.
Available at: http://digitalcommons.pepperdine.edu/drlj/vol14/iss1/2