5 ms·

In theory, you are liable. It's just difficult to actually enforce that because most people won't actually spend a fortune in legal fees hoping they'll win it b

by ikeboy 7y ago

In theory, you are liable. It's just difficult to actually enforce that because most people won't actually spend a fortune in legal fees hoping they'll win it back down the road.

kevingadd 7y ago
Platform holders (Google for example) also generally refuse to give you information on the submitter, which means you can't chase them down in court even if you want to.
- ikeboy 7y ago
  My understanding is Google will tell you that info as well as publish it to the Lumen database. If not, you can always subpoena Google for the exact info in court, it only adds a step.
  - kevingadd 7y ago
    This is true (in my experience) for search results but not for the chrome web store. Sure, you could take Google to court if you have more money and time to waste...
    - ikeboy 7y ago
      Searching turns up https://adampash.kinja.com/google-just-dmcaed-my-chrome-extension-1684908823 https://adampash.kinja.com/google-just-dmcaed-my-chrome-exte..., which has the text of an email Google sent out that does include the sender information. You can submit a counter-notice, and if for some reason they didn't give you the required information I'd expect you could contact support and ask for it.
      - kevingadd 7y ago
        Yeah, they omitted critical information and rejected my attempts to get the information. They also kept the extension down for a month. I contacted a lawyer about this but the costs would have been extravagant, so. You'll note how in that example, they provide lots of information on the party that filed the DMCA claim. That info is only provided to you if the DMCA notice actually included the info - Google will for some reason process malformed notices that don't contain the required information, which leaves you with no options. In this case the person filing the claim provided no information except their name (4 japanese kanji) with no further contact information or other details. I was unable to find them on Google, if that was even their name.
        ikeboy 7y ago
        That's a different issue from Google not providing the actual notice. It shouldn't prevent you from filing a counternotice with whatever information was provided - did it?
        kevingadd 7y ago
        It did because literally all I got was a name and a URL. I made multiple requests for the info and got nothing. It seems like they can probably get away with doing this unless you're a big company.

by ikeboy 7y ago

In theory, you are liable. It's just difficult to actually enforce that because most people won't actually spend a fortune in legal fees hoping they'll win it back down the road.

kevingadd 7y ago

Platform holders (Google for example) also generally refuse to give you information on the submitter, which means you can't chase them down in court even if you want to.

ikeboy 7y ago
My understanding is Google will tell you that info as well as publish it to the Lumen database. If not, you can always subpoena Google for the exact info in court, it only adds a step.
- kevingadd 7y ago
  This is true (in my experience) for search results but not for the chrome web store. Sure, you could take Google to court if you have more money and time to waste...
  - ikeboy 7y ago
    Searching turns up https://adampash.kinja.com/google-just-dmcaed-my-chrome-extension-1684908823 https://adampash.kinja.com/google-just-dmcaed-my-chrome-exte..., which has the text of an email Google sent out that does include the sender information. You can submit a counter-notice, and if for some reason they didn't give you the required information I'd expect you could contact support and ask for it.
    - kevingadd 7y ago
      Yeah, they omitted critical information and rejected my attempts to get the information. They also kept the extension down for a month. I contacted a lawyer about this but the costs would have been extravagant, so. You'll note how in that example, they provide lots of information on the party that filed the DMCA claim. That info is only provided to you if the DMCA notice actually included the info - Google will for some reason process malformed notices that don't contain the required information, which leaves you with no options. In this case the person filing the claim provided no information except their name (4 japanese kanji) with no further contact information or other details. I was unable to find them on Google, if that was even their name.
      - ikeboy 7y ago
        That's a different issue from Google not providing the actual notice. It shouldn't prevent you from filing a counternotice with whatever information was provided - did it?
        kevingadd 7y ago
        It did because literally all I got was a name and a URL. I made multiple requests for the info and got nothing. It seems like they can probably get away with doing this unless you're a big company.