DMCA Takedown Abuses
The cluster focuses on discussions about DMCA takedown notices, including legal requirements, platform obligations to comply, potential abuses through false or frivolous claims, and the rarity of punishments for misuse.
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Aren't DMCA takedowns required, under penalty of perjury, to assert a non-frivolous copyright claim? Is there any recourse for what appears to be clear abuses of the DMCA?
Has a bogus DMCA takedown ever resulted in actual punishments?
Isn't the DMCA supposed to punish people who file fraudulent takedown notices?
How do those handle DMCA takedowns?
Under the DMCA they're not permitted to just ignore takedown requests. This is hardly the first time stuff like this has happened.
Submitting a DMCA takedown notice without claiming copyright is an abuse of the good will of the recipient (Github) and an abuse of the DMCA takedown system. Even if it is not perjury, it should be condemned and rampant abuse should expose parties like MPA to litigation.
According to the DMCA, in order to avoid potential liability, the provider is supposed to take down the content "expeditiously" upon receiving a notice and not restore it for 10 days, even if you file a counter-notification immediately. In theory, someone knowingly filing a false claim is then liable for damages, but good luck collecting on that.In practice, though, the one time I sent a DMCA notice to a hosting company, they tried to mediate between me and the site owner rather th
I'm sorry, but could you elaborate on this? I'm not understanding the connection with DMCA.
I'm going to take a different tact on this comment. You're European, and I think you may have an overly inflated concept of what a DMCA notice is, hopefully this will help.The DMCA, or digital Millennium copyright Act, was a poorly written overhaul of US copyright law. It included some smart things, like "safe harbor" provisions for companies that simply provide a place where users can share content. These companies aren't actually copyright infringers under the DMCA,
Their DMCA / Copyright / bad content process is horribly, horribly broken, and they will generally (where I think generally is the most polite way to put it) take the side of the accuser, even if that accuser is anonymous, or random, or fraudulently making the accusation.