3 ms·
it falls under the DMCA because the DMCA mandates a takedown-first and check the validity later workflow. To be in compliance, a site must respond to any DMCA
by notatoad 10y ago
it falls under the DMCA because the DMCA mandates a takedown-first and check the validity later workflow. To be in compliance, a site must respond to any DMCA takedown notice as quickly as reasonably possible, regardless of how fraudulent it might be.
As long as you're okay being found guilty of perjury by a US court, or have no plans to enter a US jurisdiction in the near future, you can get any content you want taken down from any site that's required to follow the DMCA.
- bitJericho 10y agoGood luck being rich and getting prosecuted with that.
- kevin_thibedeau 10y agoDMCA is a copyright law. It requires a takedown for alleged copyright violation. That doesn't apply here. The stores don't have copyright over their domain names on a list.
- sveiss 10y agoYes. So to get something taken down, all you have to do is allege copyright violation. If you're not concerned about perjury in the US courts, the claim doesn't have to have merit. Service providers have a choice: a) follow the DMCA takedown process and be shielded from all liability, whether or not the claim has actual merit b) evaluate each takedown notice to decide if the material falls within the scope of copyright, ignore takedowns where in the service provider's opinion the material is outside the scope of copyright, and should it go to court, be forced to defend that position on its merits instead of having an automatic liability shield What sensible service provider is going to choose option b?