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Given 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

Given 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 ago
I 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 ago
  If 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 ago
https://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.

ikeboy 6y ago

I 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 ago
If 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 ago

https://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.