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https://www.lumendatabase.org/notices/16954705 https://www.lumendatabase.org/notices/16954705 err, how is this even legal, doesn't DMCA have provisions for puni
by mavhc 8y ago
https://www.lumendatabase.org/notices/16954705 https://www.lumendatabase.org/notices/16954705 err, how is this even legal, doesn't DMCA have provisions for punishing false claims?
- raverbashing 8y agoThanks for the link BS companies making completely BS claims (the other links also make no sense) But big copyright doesn't care
- pygy_ 8y agoAmong the press articles and misc pages lies https://ec.europa.eu/transport/road_safety/useful-links/eu-links_en https://ec.europa.eu/transport/road_safety/useful-links/eu-l..., a page from the European Commission web site that sports tiny logos from the companies they link to. Isn't that considered fair use?
- fulafel 8y ago"Fair use" isn't a thing in most jurisdictions.
- pygy_ 8y agoThe DMCA is a US law, and fair use is a thing in the US. There are AFAIK specific provisions in that law regarding fair use, actually.
- zaarn 8y agoBut the EU isn't the US and in the EU there isn't a fair use law (though depending on EU jurisdiction you get something sorta similar but way stricter)
- fulafel 8y agoRight, if we use this particular DMCA request as the context. But this appears to be alleging that the EU road safety page contains a copyright infringement of "Gamble Breaux-This Time (feat. Jason Singh)", which it plainly does not.
- bskap 8y agoThe problem is with the incentives: if the recipient of a DMCA request doesn't immediately take down the target, they become liable for any copyright infringement. While Google would probably win if it came down to a lawsuit, the two options they have are to take it down and let the site operator dispute it, or go to court to defend the actions of a group they're unaffiliated with. The obvious choice for pretty much any group is to take it down.
- fulafel 8y agoAlso, apparently "Gamble Breaux" is an Australian reality TV actress. Why is a US-only law involved when neither the site or the complainer are US based?
- hkai 8y agoWhat did the Qatar Airways have to do with it? Wow.
- paglia_s 8y agoSo from a quick look that list includes, among the other things: - A page about Europe from Qatar Airways - One news article about pollution in India - An opinion piece on a German newspaper - A link to an article about upload filters on a lawyer website - A page about road safety from the EU commission - An article from a NY law university about a speaker about "Labor Recruitment and its Regulation in the US-Mexico-Central America Corridor" And several other unrelated links about copyright reform, which adds up to more than half of the links on that DCMA request. And it was approved?
- tgsovlerkhgsel 8y ago> doesn't DMCA have provisions for punishing false claims? Not really effective ones. That's part of the problem. I believe the perjury penalty only applies if the request was made intentionally in bad faith, not for negligence.
- testvox 8y agoIts worse than that, the only part of a DMCA notice that is made under penalty of perjury is that the filer is authorized to represent the holder of the copyright being claimed (so really it just protects big owners of copyright from people impersonating them). The only real recourse for false claims is to sue for damages, and even then the bar is high. You need to prove damages and that the claim was made in bad faith, not merely negligently.
- oliwarner 8y agoThe claim has to be wilfully and knowingly false. It's essentially toothless because it's near impossible to prove, and it takes all responsibility off the filer.