3 ms·

Isn't there supposed to be an avenue of punishment for knowingly submitting false dmca claims?

• Cthulhu_ 8y ago
  What I read in this (or some other) account is that Twitter is the only party that can sue over a false DMCA claim, which they probably won't do. I really would like to see a party have to pay a processing fee for DMCA claims.
  • eeeeeeeeeeeee 8y ago
    I’ve never heard that. Just because the content is hosted on Twitter does not mean it’s up to Twitter. It’s up to the target of the complaint to pursue a lawsuit against the complaining party. I’m not a lawyer but I dealt with this a lot as a service provider. We simply had to follow the law and take the content down or else we would be held liable. The system we had before — the court system — required processing fees simply by the process of filing lawsuits. The DMCA was specifically made so copyright holders can send them in high volume without any review by a judge. They don’t want to be slowed down. That law is working exactly as they intended, even though I strongly disagree with it.
• eeeeeeeeeeeee 8y ago
  Only if the target wants to pursue a lawsuit, which is obviously very costly. There is no built-in protection and I’ve never seen our government pursue abuse of the DMCA. It’s a grey area, too. The penalties if I remember only apply for knowingly sending fraudulent takedowns. But these people are likely sending what they believe are valid reports and they will argue as such. The DMCA was made for copyright holders so they could do whatever they want within that grey area. They have total control to remove content on the web without any real due process or judicial review.