4 ms·
One simple way to think of it is that such mistakes are basic fraud. There are already laws to cover this in every country, whether this entails fines or damage
by user5994461 7y ago
One simple way to think of it is that such mistakes are basic fraud. There are already laws to cover this in every country, whether this entails fines or damages or prison.
However it's mostly inapplicable in practice. Neither regulating agencies nor private parties have the resources or the will to go against the (many) abusers. Even if they did, laws and the legal systems are muddy across countries, not a lot could be done with offenders half way across the world. By the way while we're on this, "copyright" doesn't exist as such in France.
- greglindahl 7y agoIn the US, many people have tried and everyone has failed to ever cause a penalty for an abuser. So I wouldn't agree with your simple way, because it literally never works.
- pas 7y agoWas there any high-profile case that made its way to at least Federal appeals level? Or maybe the Supreme Court?
- user5994461 7y agoNot aware of one for copyright. Noting however there was one recently for a patent troll, CloudFlare vs Blackbird Tech. It invalidated hundreds of patents from the abusing company and was upheld in the US court of appeal at the Federal level. Next, CloudFlare will try to get the owner removed from the bar. I think it's comparable, although patent law is better codified than copyright. The internet and youtube are recent creations. Youtube was founded in 2005 and didn't care about copyright from the beginning. It took a decade for abuse to get there, it might take another decade for the legal system to adjust, but it will adjust eventually.
- greglindahl 7y agoThat's not comparable at all. Patent trolls send legal threats and sometimes file lawsuits. DMCA abusers do neither.