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How is this not perjury again? They need to be punished for this harshly.
by keyme 6y ago
How is this not perjury again? They need to be punished for this harshly.
- larrik 6y agoWhat about this is perjury? The readme actually did encourage downloading copyrighted material...
- 15155 6y agoGreat! Then they should have sued the responsible party. Circumvention devices are not something the quintessential "DMCA takedown" process allows for or covers: these claims need to go to court where an injunction may be granted.
- chrisshroba 6y agoHow is this perjury? No one's under oath.
- chjj 6y agoDMCA takedowns are filed under penalty of perjury: "Under penalty of perjury, we submit that the RIAA is authorized to act on behalf of its member companies on matters involving the infringement of their sound recordings, audiovisual works and images, including enforcing their copyrights and common law rights on the Internet."
- djsumdog 6y agoI think you'd need to find evidence they intentionally launched this complaint with bad faith, which would require a discovery process.
- Karunamon 6y agoPerjury may or may not be the right term here, but it's definitely bad faith. EU and German legal definitions hold no weight on a US law. The repo contains no copyrighted material.
- 15155 6y agoMore importantly: they are not the copyright owners of the content being removed. The DMCA doesn't magically give you the right to file "takedown requests" for circumvention devices: as stated elsewhere in this thread, they must sue in an appropriate United States venue. This filing is absolutely in bad faith and the preparing attorney should actually face professional censure. Perjury? > Under penalty of perjury, we submit that the RIAA is authorized to act on behalf of its member companies on matters involving the infringement of their sound recordings, audiovisual works and images, including enforcing their copyrights and common law rights on the Internet. Absolutely none of these things are applicable to this case.
- xxpor 6y agothe DMCA makes false notices punishable by perjury iirc