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personal story: I remember uploading a BF3 montage on YouTube some eons ago when it was all the rage, no copyrighted music or anything. I received a DMCA claim

personal story: I remember uploading a BF3 montage on YouTube some eons ago when it was all the rage, no copyrighted music or anything. I received a DMCA claim by some spanish tv/broadcasting company or something along those lines, totally unrelated to my content. --- The fact that DMCA claims can be issued with no human interaction and no repurcussions is beyond me. If anything, the hosting company should at least issue penalties on false claims.

JadeNB 6y ago
> If anything, the hosting company should at least issue penalties on false claims. If penalties are issued by the hosting company, then they just won't be paid. Then you lose: there's no way to take all the non-paying offenders to court, and you can't ignore subsequent requests, so you wind up in the same situation as you're in now. Instead, move the onus off the hosting company: if they receive from some entity a DMCA takedown that is believed to be false (according to whatever standards are applied to counterclaims), then no further takedown notices from that entity are required to be obeyed until the entity takes appropriate remedial action.
- dragonwriter 6y ago
  > if they receive from some entity a DMCA takedown that is believed to be false (according to whatever standards are applied to counterclaims) There are no standards for counterclaims except format standards. All a counterclaim does is permit undoing a takedown without the provider being liable, transferring determination of who is right to litigation between the purported copyright owner and the content uploader with the host fully immunized.
- deleted 6y ago
  [deleted]
azeirah 6y ago
Filing a false DMCA claim is perjury. > A DMCA claim (or takedown) is when a copyright holder notifies a service provider that they have infringing material on their site/service. It is also known as a “Notification of Infringement”. For example, Twitch has these guidelines for submitting DMCA claims. Essentially it boils down to send in writing who you are, who is infringing your rights, how they’re doing it, and swear under penalty of perjury that you are telling the truth. https://blog.pretzel.rocks/lets-take-a-minute-to-talk-about-the-dmca-cd14596a329d https://blog.pretzel.rocks/lets-take-a-minute-to-talk-about-...
- maccard 6y ago
  Has that ever been enforced, in any shape or form?
  - salawat 6y ago
    You have to counterfile, but there's a poison pill in the regulation that by doing so you agree U.S. courts have jurisdiction, thereby nullifying any protections you have from being in another countries juridiction. I mean, there is no getting around it if you want the countersuit to work and reflect poorly on the claimant, but you are agreeing to letting the U.S. have extra-territorial jurisdiction.
    - maccard 6y ago
      If you're in the US then you're already under jurisdiction, right? Why wouldn't someone who is already under us jurisdiction try it?
    - alisonkisk 6y ago
      Huh? If you aren't in the US you can ignore DMCA entirely.
      - aww_dang 6y ago
        In practice most hosting companies will suspend your server until you remove whatever was claimed against.

JadeNB 6y ago

> If anything, the hosting company should at least issue penalties on false claims. If penalties are issued by the hosting company, then they just won't be paid. Then you lose: there's no way to take all the non-paying offenders to court, and you can't ignore subsequent requests, so you wind up in the same situation as you're in now. Instead, move the onus off the hosting company: if they receive from some entity a DMCA takedown that is believed to be false (according to whatever standards are applied to counterclaims), then no further takedown notices from that entity are required to be obeyed until the entity takes appropriate remedial action.

dragonwriter 6y ago
> if they receive from some entity a DMCA takedown that is believed to be false (according to whatever standards are applied to counterclaims) There are no standards for counterclaims except format standards. All a counterclaim does is permit undoing a takedown without the provider being liable, transferring determination of who is right to litigation between the purported copyright owner and the content uploader with the host fully immunized.
deleted 6y ago
[deleted]

azeirah 6y ago

Filing a false DMCA claim is perjury. > A DMCA claim (or takedown) is when a copyright holder notifies a service provider that they have infringing material on their site/service. It is also known as a “Notification of Infringement”. For example, Twitch has these guidelines for submitting DMCA claims. Essentially it boils down to send in writing who you are, who is infringing your rights, how they’re doing it, and swear under penalty of perjury that you are telling the truth. https://blog.pretzel.rocks/lets-take-a-minute-to-talk-about-the-dmca-cd14596a329d https://blog.pretzel.rocks/lets-take-a-minute-to-talk-about-...

maccard 6y ago
Has that ever been enforced, in any shape or form?
- salawat 6y ago
  You have to counterfile, but there's a poison pill in the regulation that by doing so you agree U.S. courts have jurisdiction, thereby nullifying any protections you have from being in another countries juridiction. I mean, there is no getting around it if you want the countersuit to work and reflect poorly on the claimant, but you are agreeing to letting the U.S. have extra-territorial jurisdiction.
  - maccard 6y ago
    If you're in the US then you're already under jurisdiction, right? Why wouldn't someone who is already under us jurisdiction try it?
  - alisonkisk 6y ago
    Huh? If you aren't in the US you can ignore DMCA entirely.
    - aww_dang 6y ago
      In practice most hosting companies will suspend your server until you remove whatever was claimed against.