Court refuses to help author who was victim of alleged bogus DMCA takedown notices

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[Commentary] An author and her publisher disagreed on the content of two of the author’s new books. So, rather than deal with the publisher, the author self-published the works on Amazon. The publisher sent Digital Millennium Copyright Act (DMCA) takedown notices to Amazon, with which Amazon complied. The author sued the publisher. She sought a temporary restraining order (TRO), asking the court to instruct the publisher to tell Amazon to make the works available. The court denied the TRO motion, finding that the author had failed to show she would suffer irreparable harm if the works were not put back on the market. In the court’s view, the author failed to show how a temporary delay in sales would affect her reputation or goodwill.

[Evan Brown is an attorney in Chicago helping businesses and individuals make good decisions about technology and intellectual property]


Court refuses to help author who was victim of alleged bogus DMCA takedown notices