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As I understand it, DMCA claim fraud requires legally proving bad faith, which is a quite high bar to clear. There are no provisions for negligence (which is w
by Karunamon 6y ago
As I understand it, DMCA claim fraud requires legally proving bad faith, which is a quite high bar to clear.
There are no provisions for negligence (which is what most of these claims probably amount to - you could even make a good argument for depraved indifference, but there are no provisions for that either) or mistakes, it has to be intentionally fraudulent. Even if it was a completely BS takedown, you're left with proving malice rather than error.
- morganvachon 6y ago> "Even if it was a completely BS takedown, you're left with proving malice rather than error." True, but making the same "errors" over and over and over again without regard for the consequences starts to smell fishy after a while, almost like intimidation or a protection racket.