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I think appropriate values would be whatever it costs to file a lawsuit in the relevant court, plus a transaction fee for the escrow service. DMCA takedown not
by wtallis 6y ago
I think appropriate values would be whatever it costs to file a lawsuit in the relevant court, plus a transaction fee for the escrow service.
DMCA takedown notices were sold as a way to get quicker action than filing for an injunction, but they should not be usable as an alternative to a real lawsuit. If you're sending a takedown notice, you should be prepared to follow up with a lawsuit, including being on the hook for the fees.
I think it would also be nice for abandoned takedown notices (ie. where the counter-notice isn't contested with a lawsuit) to be public record entered on a court docket. That way, abusers of the system can be more readily identified and tracked.
- apercu 6y agoMaybe a sliding scale based on the companies revenue (or individuals income). Parent company if corporate. If I am a small indie label protecting my artists why should my fee be extravagant? But if I am say, a subsidiary of Disney, maybe I can bully my way through the system and acquire more IP because I have access to capital.