3 ms·
Filing a false, bad-faith DMCA claim is technically an act of perjury, but I've never heard of anyone convicted or even seriously threatened with this action si
by georgemcbay 10y ago
Filing a false, bad-faith DMCA claim is technically an act of perjury, but I've never heard of anyone convicted or even seriously threatened with this action since it is almost impossible to prove bad faith.. ESPECIALLY when algorithms are automatically doing much of the damage.
In any case, I think YouTube kinda subverts much of the DMCA provisions by having their own claim system (the whole ContentID thing) which often comes into play and causes problems (for content creators, not for people making claims of dubious authenticity) before real DMCA claims are made.
- fryguy 10y agoIt is only perjury to claim that you are the owner or qualified to act on the behalf of the owner of the copyrighted work that you allege is being infringed upon. For instance, if you are some random person, it would be perjury to file a DMCA takedown for a legitimately infringing video on YouTube of Steamboat Willie, because you are not Disney. It is not perjury (under the wording of the DMCA) if there is a video titled "Willie and his Steamboat" which is of a child playing with a toy steam boat and does not contain any footage from the Disney video, if you legitimately are authorized by the copyright owner of Steamboat Willie (Disney).