3 ms·
In the US you only can't sue for libel because DMCA preempts all federal and state causes of action - instead you sue for misrepresentation under 512(f). But f
by ikeboy 6y ago
In the US you only can't sue for libel because DMCA preempts all federal and state causes of action - instead you sue for misrepresentation under 512(f).
But for false claims of infringement that don't involve copyright, a libel claim can work. I've previously mentioned my own 8 figure lawsuit against tp-link for false claims of counterfeiting; I have antitrust, tortious interference, declaratory judgement, and defamation (i.e. libel) causes of action. I know of at least one similar case with a multi-million dollar jury award from 1999 (see Alexander binzel v nu-tecsys.)