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It is true that the only thing asserted under penalty of perjury in a DMCA notice is that you are or are authorized to act on behalf of a copyright holder. The
by ubernostrum 9y ago
It is true that the only thing asserted under penalty of perjury in a DMCA notice is that you are or are authorized to act on behalf of a copyright holder. The rest of the notice is not made under penalty of perjury.
The notarized statement comment was hyperbole to make a point about how hard it is to prove, sufficiently for a court, that someone "knowingly" and "materially" misrepresented information in a DMCA notice in order to trigger 512(f). In the Diebold case you had the perfect storm, because Diebold's lawyers basically admitted to the court that they knew they were using the DMCA not for copyright enforcement but to take down something that embarrassed them. That is literally what it took to get a judge to nail someone for DMCA abuse.
And even then: the judge only found that they knowingly/materially misrepresented for a subset of the material, and they only paid out $125k, which is literally nothing to a company of Diebold's size.
Meanwhile, DMCA abuse remains routine and rampant today, in large part because it's next to impossible to get someone penalized for it.