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Unfortunately, the only element of a DMCA notice that's made under penalty of perjury is the one least likely to involve perjury: the claim to be authorized to
by ubernostrum 10y ago
Unfortunately, the only element of a DMCA notice that's made under penalty of perjury is the one least likely to involve perjury: the claim to be authorized to act on behalf of an entity which holds copyright. All the other elements of a notice you can lie about until you're blue in the face, and there is no perjury involved.
- revelation 10y agoNot sure where you are getting this from. Penalties are provided for knowing material misrepresentations in either a notice or a counter notice. Any person who knowingly materially misrepresents that material is infringing, or that it was removed or blocked through mistake or misidentification, is liable for any resulting damages (including costs and attorneys’ fees) incurred by the alleged infringer, the copyright owner or its licensee, or the service provider. (Section 512(f)).
- ukd1 10y ago"knowingly"
- ubernostrum 10y agoThat's talking about being liable for damages. The only thing that's asserted under penalty of perjury is that you're authorized to act on behalf of a copyright holder. If you lie about everything except that one fact, the only thing that can happen to you is someone can try (and good luck with that...) to claim damages from you. The only way you face perjury charges is if you lie about being authorized to act for the copyright holder.
- dredmorbius 10y agoI think that may have been added after the initial act.