4 ms·
> 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
by 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.