Peter S. Menell (University of California, Berkeley – School of Law) has posted Jumping the Grooveshark: A Case Study in DMCA Safe Harbor Abuse on SSRN. Here is the abstract:
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This commentary examines the controversy over Grooveshark, an on-demand music streaming service that has provided access to much of the catalogs of the major record labels without licenses from three of the four majors. It raises questions about how such reliable access could have been sustained under the Digital Millennium Copyright Act's notice and take-down regime and highlights real problems plaguing legitimate commerce in the digital music marketplace.