WE DON'T NEED NO STINKIN' COURT ORDER. WE'VE GOT THE DMCA.

David Abrams, Chilling Effects Clearinghouse, March 11, 2010 
Abstract: Last month, MySpace sent a DMCA takedown notice to Scribd to remove a document summarizing recommendations on rebuilding a portion of the MySpace website, alleging a copyright violation.
Although originally intended to stop Internet piracy of creative works such as music and video, this is another example of the takedown provisions of the DMCA being used to avoid the time and expense of obtaining a court order to remove documents that, while possibly sensitive or embarrassing, do not themselves have commercial value.
On February 23, 2010, technology blog TechCrunch posted a document it theorized was sent to it by an "angry" or "former" MySpace employee. The Powerpoint presentation contained in the document described recommendations for rebuilding the MySpace developer/apps platform. TechCrunch posted the presentation on Scribd, a social publishing web site and linked to it from its story on the document. The document is arguably a trade secret and the person who sent it to TechCrunch could be subject to criminal penalties for revealing it and also could be sued by MySpace for damages. TechCrunch, however, did not steal the document and MySpace would normally need to obtain a court order to stop the publication of the information and get the document returned - an expensive and potentially time-consuming procedure. Instead, MySpace chose to invoke the takedown provisions of the DMCA to have the document removed from Scribd within a day.
Microsoft tried the same strategy recently to remove an embarrassing document from Cryptome.org website. Unlike the procedure to obtain a court order, which would provide TechCrunch the opportunity to argue that the document no longer was a trade secret or that it had a fair use defense to permit publication of the information, the DMCA takedown procedures operate on a shoot first, ask questions later basis.
These procedures may make sense where someone posts a song or a movie for download which deprives the copyright owner of income it normally would receive for the sale of the material; however, where the information is arguably of public interest, the DMCA allows the copyright holder to circumvent the normal weighing of interests that a court would make in deciding whether to issue a preliminary injunction to stop distribution of the document.
http://www.chillingeffects.org/weather.cgi?WeatherID=632