5 ms·

False DMCA notices are, in theory, perjury, but in practice, yes.

redwall_hp 6y ago
Have we ever seen a media company prosecuted for perjury, despite copious evidence that they constantly misuse DMCA takedowns to do exactly that?
- monocasa 6y ago
  Nope.
- sneak 6y ago
  Not once, no.
- downerending 6y ago
  Not sure anyone ever gets prosecuted for perjury. It's the norm in divorce cases, for example.
  - saagarjha 6y ago
    Well there was the contempt of court and all with Bill Clinton…
  - monocasa 6y ago
    And the amount of times I've seen a cop perjure themselves is unreal. We know that our former Director of National Intelligence, James Clapper perjured himself before congress with impunity as well. https://www.usatoday.com/story/opinion/2018/01/19/james-clappers-perjury-dc-made-men-dont-get-charged-lying-congress-jonathan-turley-column/1045991001/ https://www.usatoday.com/story/opinion/2018/01/19/james-clap...
    - downerending 6y ago
      Probably shouldn't drip gasoline on this smoldering dumpster fire, but pretty much anyone at a high political level that testifies "I can't remember" is probably committing perjury, yes. Oh well. https://www.newsweek.com/ken-starr-says-he-almost-charged-hillary-clinton-perjury-1117125 https://www.newsweek.com/ken-starr-says-he-almost-charged-hi...
- nullc 6y ago
  I received bogus DMCA complaints (over Big Buck Bunny, lol, multiple times), and Google stonewalled me when I tried to find out the identity of the complainant so that I could litigate against them. I expect situations like that contribute to the lack of response, along with the fact that providers often ignore DMCA complaints or put things back up without following the statutory takedown period.
  - JumpCrisscross 6y ago
    > Google stonewalled me when I tried to find out the identity of the complainant so that I could litigate against them Playing devil's advocate, that information may have been protected by NDA. In that case, you'd have to sue Google to divulge the complainant.
  - tgsovlerkhgsel 6y ago
    DMCA or Google's/YouTube's internal copyright dispute resolution process?
    - nullc 6y ago
      Google's form letter claimed it was a DMCA complaint, but it might have been confused.
- colejohnson66 6y ago
  Why do people say never? It has happened, albeit extremely rarely: https://en.wikipedia.org/wiki/Digital_Millennium_Copyright_Act#Automattic,_Inc._and_Oliver_Hotham_v._Nick_Steiner https://en.wikipedia.org/wiki/Digital_Millennium_Copyright_A...
  - sneak 6y ago
    You seem to be conflating a civil countersuit and a criminal prosecution for the crime of perjury.
- Dylan16807 6y ago
  Negligence is not against the DMCA rules, and they can always claim they were being negligent, so no.

Have we ever seen a media company prosecuted for perjury, despite copious evidence that they constantly misuse DMCA takedowns to do exactly that?

monocasa 6y ago
Nope.
sneak 6y ago
Not once, no.
downerending 6y ago
Not sure anyone ever gets prosecuted for perjury. It's the norm in divorce cases, for example.
- saagarjha 6y ago
  Well there was the contempt of court and all with Bill Clinton…
- monocasa 6y ago
  And the amount of times I've seen a cop perjure themselves is unreal. We know that our former Director of National Intelligence, James Clapper perjured himself before congress with impunity as well. https://www.usatoday.com/story/opinion/2018/01/19/james-clappers-perjury-dc-made-men-dont-get-charged-lying-congress-jonathan-turley-column/1045991001/ https://www.usatoday.com/story/opinion/2018/01/19/james-clap...
  - downerending 6y ago
    Probably shouldn't drip gasoline on this smoldering dumpster fire, but pretty much anyone at a high political level that testifies "I can't remember" is probably committing perjury, yes. Oh well. https://www.newsweek.com/ken-starr-says-he-almost-charged-hillary-clinton-perjury-1117125 https://www.newsweek.com/ken-starr-says-he-almost-charged-hi...
nullc 6y ago
I received bogus DMCA complaints (over Big Buck Bunny, lol, multiple times), and Google stonewalled me when I tried to find out the identity of the complainant so that I could litigate against them. I expect situations like that contribute to the lack of response, along with the fact that providers often ignore DMCA complaints or put things back up without following the statutory takedown period.
- JumpCrisscross 6y ago
  > Google stonewalled me when I tried to find out the identity of the complainant so that I could litigate against them Playing devil's advocate, that information may have been protected by NDA. In that case, you'd have to sue Google to divulge the complainant.
- tgsovlerkhgsel 6y ago
  DMCA or Google's/YouTube's internal copyright dispute resolution process?
  - nullc 6y ago
    Google's form letter claimed it was a DMCA complaint, but it might have been confused.
colejohnson66 6y ago
Why do people say never? It has happened, albeit extremely rarely: https://en.wikipedia.org/wiki/Digital_Millennium_Copyright_Act#Automattic,_Inc._and_Oliver_Hotham_v._Nick_Steiner https://en.wikipedia.org/wiki/Digital_Millennium_Copyright_A...
- sneak 6y ago
  You seem to be conflating a civil countersuit and a criminal prosecution for the crime of perjury.
Dylan16807 6y ago
Negligence is not against the DMCA rules, and they can always claim they were being negligent, so no.