4 ms·
Depends on what your criteria is. Google settled for 25k with someone who submitted fake notices to YouTube. Given that most litigation ends before a decision,
by ikeboy 6y ago
Depends on what your criteria is. Google settled for 25k with someone who submitted fake notices to YouTube. Given that most litigation ends before a decision, it's likely there's been other private settlements.
More broadly than just DMCA, but here's a partial list of successful cases:
https://www.courtlistener.com/docket/4226764/dynamic-designs-distribution-incorporated-v-nalin-manufacturing-llc/ https://www.courtlistener.com/docket/4226764/dynamic-designs... awarded declaratory judgement and 37k in attorney fees for a false claim made to eBay (see docket 38)
>On November 11, 2011, Mr. Nalin filed a “VeRO complaint with
eBay asserting that the Dynamic Designs speaker adapter
infringed Nalin’s trademark rights.”
https://courts.state.md.us/sites/default/files/import/appellate/unreportedopinions/2017/2556s15.pdf https://courts.state.md.us/sites/default/files/import/appell... 150k jury award of punitive damages, reduced by appeals court to 75k, for a false Amazon complaint of counterfeiting
https://casetext.com/case/alexander-binzel-corporation-v-nu-tecsys-corporation https://casetext.com/case/alexander-binzel-corporation-v-nu-... really old case not involving the Internet, but a $4 million jury award reduced by the district court to $2.34 million+interest for false claims of counterfeiting
- greglindahl 6y agoGiven the large number of attempts at legal sanctions which have all failed, I'm not so sure that an out-of-court settlement is that interesting. So yes, that's what I think is important. Edit: I'm having a hard time keeping up with your edits, can you stop editing at some point? You've added 3 links about counterfitting. The DMCA only applies to copyrights, not trademarks or patents.
- ikeboy 6y agoI think I only did one edit to add the cases, won't edit that comment any more. I did disclaim that those are broader than DMCA. I'm well aware of the distinctions. You're looking only for final judgements? I have a handful where a judge ordered the DMCA notice to be retracted and ordered them not to refile it, and then the case settled, presumably on favorable terms. I agree DMCA cases seem to be harder to win than trademark/patent abuse.
- greglindahl 6y agoIf you're aware of the distinctions, then why are you bringing up irrelevant trademark / patent / counterfeiting cases? A required retraction is not much of a legal sanction. I love having interesting discussions about this topic, but this discussion isn't one.
- ikeboy 6y ago>A required retraction is not much of a legal sanction. It gives somewhat of a hint about the nature of the settlement, which in most cases is private. There do seem to be a decent number of settlements; my guess is the most egregious cases all settle, and the ones that move forward are harder to win.
- ikeboy 6y agohttps://www.courtlistener.com/recap/gov.uscourts.nynd.113766/gov.uscourts.nynd.113766.49.0.pdf https://www.courtlistener.com/recap/gov.uscourts.nynd.113766... here's another recent case awarding $86k for false DMCA notices. Here's one from 2014 https://www.courtlistener.com/recap/gov.uscourts.cacd.581417/gov.uscourts.cacd.581417.33.0.pdf https://www.courtlistener.com/recap/gov.uscourts.cacd.581417... >Since Curtis repeatedly alleged that Defendants knew that the takedown notices contained false infringement allegations, she adequately pleaded all of § 512(f)’s elements.