4 ms·
...under penalty of perjury.
by sintaxi 10y ago
...under penalty of perjury.
- sleepychu 10y agoOk, two copyright holders are mistaken about the source of some content and independently raise requests which are later rebutted?
- SparkyMcUnicorn 10y agoReinstated?
- sleepychu 10y agowhich isn't on the flowchart :P
- lucasgonze 10y agoInvolve a lawyer in this decision. You can't be a hacker and use an 80/20 rule. I should add a decision path for calling a lawyer.
- arca_vorago 10y agoYeah and I would like to see how often this actually gets enforced. The fact of the matter is that DMCA is being abused all over the Internet to silence people, but I can't say I've heard of a single case of "he abused the DMCA, now he's going to pay a huge fine."
- 6stringmerc 10y agoIn my opinion such a case is bound to come about. The Axl Rose 'meme purge' attempt via DMCA didn't seem to do much legally speaking, only be another Streisand Effect situation. The rights 'representative' though in the Axl case would - I think - be a good test for the legal aspects. Authorized representation makes sense, and if the rep can show tangible proof of assignment (i.e. owner genuinely owns property in question, like the photo rights) then the DMCA looks to be working as intended. Tests are pretty needed though, I agree.
- lucasgonze 10y agoI think the practical way this gets enforced is that sites will sometimes ignore takedown requests, if they think the request is bogus.
- flashman 10y agoInteresting argument I heard last week[1]: the "penalty of perjury" applies to the statement "I have the authority to act on behalf of the stated copyright owner", not to the statement "This content belongs to me." Which if true, may give you legal cover for both accidental and malicious claims. [1]https://torrentfreak.com/warner-bros-our-false-dmca-takedowns-are-not-a-crime-131115/ https://torrentfreak.com/warner-bros-our-false-dmca-takedown...