4 ms·
Microsoft could file a DMCA claim for violating their copyright. Google usually does not verify claims before executing them, and there's no penalty for false c
by zyx321 5y ago
Microsoft could file a DMCA claim for violating their copyright. Google usually does not verify claims before executing them, and there's no penalty for false claims.
- kevingadd 5y agoCan confirm that's how it works. Google does not verify that claims are fully filled out (a nearly blank claim form is sufficient), they don't respond to counter-notices in a timely matter (1+ month processing time), and they don't provide information on the claimant that you can use to pursue them for a false claim.
- kube-system 5y agoFalse DMCA claims are penalized under section F of the DMCA. > (f)Misrepresentations.—Any person who knowingly materially misrepresents under this section— > (1)that material or activity is infringing, or > (2)that material or activity was removed or disabled by mistake or misidentification, > shall be liable for any damages, including costs and attorneys’ fees, incurred by the alleged infringer, by any copyright owner or copyright owner’s authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of the service provider relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it. Now, in this instance we're talking about a fraudulent listing, so I can't imagine there's much civil liability to worry about, but the suggestion that there is "no penalty for false claims" is not true. And also, DMCA claims are made with a statement that they are accurate "under penalty of perjury". I haven't seen anyone convicted under this, but I wouldn't imagine that MS legal would find this to be an acceptable way to solve the issue.