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Absolutely. And an additional layer, if the victim has the time/resources to countersue, and can manage to prove malice or negligence behind the takedown, the
by BookmarkSaver 8y ago
Absolutely.
And an additional layer, if the victim has the time/resources to countersue, and can manage to prove malice or negligence behind the takedown, the punitive fine should be absolutely massive.
- tjpnz 8y agoAnd then you enter the realm of private settlements where the victim is given money to drop the suit and to never talk about what happened ever again.
- kevingadd 8y agoThe best part is that the DMCA theoretically has provisions to protect you against fraudulent claims, but no platform holder implements them. You can get absolutely blanketed by fraudulent DMCA notices and you have no recourse because companies like Google refuse to provide you any way to sue the person who's violating the law to harass you, and the companies don't make any attempt to filter out fraudulent notices. Some random kid in Iowa could cost you thousands of dollars in daily revenue for weeks (while you wait for your dmca'd content to come back up) and you have no recourse because the law doesn't have any teeth.