6 ms·

First ty TF for your work. Is Torrentfreak getting their legal fee's back for these baseless claims? The courts dont seem to like FRCP rule 11 against lawyers

First ty TF for your work. Is Torrentfreak getting their legal fee's back for these baseless claims? The courts dont seem to like FRCP rule 11 against lawyers as it makes the whole system bad. Perjury is a slap on the write imho. These claims just clog the legal system with more shenanigans. There needs to be some accountability for this baseless claims.

gruez 7y ago
AFAIK DMCA notices don't go through the courts. They're just sent to the site owner, who must comply or file a counter notice. Also, AFAIK there haven't been any prosecutions for people abusing DMCA notices.
- masklinn 7y ago
  > AFAIK DMCA notices don't go through the courts. They're just sent to the site owner, who must comply or file a counter notice. I think you're mixing two things: * if a site owner receives a DMCA notice and believes the content is not infringing they can just do nothing and / or tell whoever sent it to get bent, sender may escalate to the courts * service providers which want to be protected under safe harbour must "act expeditiously to remove purported infringing content" regardless of counter-notices, this is not an either/or situation Content should be restored 10 to 14 days after the counter-notice is sent to the original claimant unless they engage in legal action, but it must be taken down either way: > 17 U.S. Code § 512 (c)(1) In general.—A service provider shall not be liable for monetary relief, or, except as provided in subsection (j), for injunctive or other equitable relief, for infringement of copyright by reason of the storage at the direction of a user of material that resides on a system or network controlled or operated by or for the service provider, if the service provider— > […] > 17 U.S. Code § 512 (c)(1)(C) upon notification of claimed infringement as described in paragraph (3), responds expeditiously to remove, or disable access to, the material that is claimed to be infringing or to be the subject of infringing activity. > […] > 17 U.S. Code § 512 (g)(2)(B) upon receipt of a counter notification described in paragraph (3), promptly provides the person who provided the notification under subsection (c)(1)(C) with a copy of the counter notification, and informs that person that it will replace the removed material or cease disabling access to it in 10 business days; and > 17 U.S. Code § 512 (g)(2)(C) replaces the removed material and ceases disabling access to it not less than 10, nor more than 14, business days following receipt of the counter notice, unless its designated agent first receives notice from the person who submitted the notification under subsection (c)(1)(C) that such person has filed an action seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on the service provider’s system or network.
  - komali2 7y ago
    Lack of punishment for bad requests make me wonder if a valid business strategy is DMCAing competition at every turn. Also makes me wonder if people could DDOS an entire company with DMCA takedown requests.
    - hanniabu 7y ago
      > Also makes me wonder if people could DDOS an entire company with DMCA takedown requests. Fastest way to make change will probably be using their own game against them and have them lobby on your behalf
      - twobat 7y ago
        I'm sure that if normal people try to do this they will be charged with something generic as fraud.
        dbuder 7y ago
        I'd file a motion for summary judgement immediately on the basis that there has been no prosecution of the "victim" and similar for their identical behaviour.
        quaquaqua1 7y ago
        russian VPN or similar solves this
    - reaperducer 7y ago
      Also makes me wonder if people could DDOS an entire company with DMCA takedown requests. Someone should DDOS the web pages of all the American congresscritters and their campaigns and campaign contractors with DMCA notices. That's probably the only way this will get fixed.
      - jachee 7y ago
        Also the sites of their biggest corporate donors.

gruez 7y ago

AFAIK DMCA notices don't go through the courts. They're just sent to the site owner, who must comply or file a counter notice. Also, AFAIK there haven't been any prosecutions for people abusing DMCA notices.

masklinn 7y ago
> AFAIK DMCA notices don't go through the courts. They're just sent to the site owner, who must comply or file a counter notice. I think you're mixing two things: * if a site owner receives a DMCA notice and believes the content is not infringing they can just do nothing and / or tell whoever sent it to get bent, sender may escalate to the courts * service providers which want to be protected under safe harbour must "act expeditiously to remove purported infringing content" regardless of counter-notices, this is not an either/or situation Content should be restored 10 to 14 days after the counter-notice is sent to the original claimant unless they engage in legal action, but it must be taken down either way: > 17 U.S. Code § 512 (c)(1) In general.—A service provider shall not be liable for monetary relief, or, except as provided in subsection (j), for injunctive or other equitable relief, for infringement of copyright by reason of the storage at the direction of a user of material that resides on a system or network controlled or operated by or for the service provider, if the service provider— > […] > 17 U.S. Code § 512 (c)(1)(C) upon notification of claimed infringement as described in paragraph (3), responds expeditiously to remove, or disable access to, the material that is claimed to be infringing or to be the subject of infringing activity. > […] > 17 U.S. Code § 512 (g)(2)(B) upon receipt of a counter notification described in paragraph (3), promptly provides the person who provided the notification under subsection (c)(1)(C) with a copy of the counter notification, and informs that person that it will replace the removed material or cease disabling access to it in 10 business days; and > 17 U.S. Code § 512 (g)(2)(C) replaces the removed material and ceases disabling access to it not less than 10, nor more than 14, business days following receipt of the counter notice, unless its designated agent first receives notice from the person who submitted the notification under subsection (c)(1)(C) that such person has filed an action seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on the service provider’s system or network.
- komali2 7y ago
  Lack of punishment for bad requests make me wonder if a valid business strategy is DMCAing competition at every turn. Also makes me wonder if people could DDOS an entire company with DMCA takedown requests.
  - hanniabu 7y ago
    > Also makes me wonder if people could DDOS an entire company with DMCA takedown requests. Fastest way to make change will probably be using their own game against them and have them lobby on your behalf
    - twobat 7y ago
      I'm sure that if normal people try to do this they will be charged with something generic as fraud.
      - dbuder 7y ago
        I'd file a motion for summary judgement immediately on the basis that there has been no prosecution of the "victim" and similar for their identical behaviour.
      - quaquaqua1 7y ago
        russian VPN or similar solves this
  - reaperducer 7y ago
    Also makes me wonder if people could DDOS an entire company with DMCA takedown requests. Someone should DDOS the web pages of all the American congresscritters and their campaigns and campaign contractors with DMCA notices. That's probably the only way this will get fixed.
    - jachee 7y ago
      Also the sites of their biggest corporate donors.