3 ms·
This is the kind of stuff where the agency needs to be prosecuted for perjury. Alas, there's no money in pursuit of a perjury claim like this. We can only dre
by elmerfud 5y ago
This is the kind of stuff where the agency needs to be prosecuted for perjury. Alas, there's no money in pursuit of a perjury claim like this.
We can only dream of a world where protections of individuals trump the protections of corporations. Comcast Xfinity is also to blame here as they forwarded on a dmca notice something which they have no duty to do but they voluntarily did so without even taking the most basic review of it.
Without civil liabilities being held to people who report falsely and agencies who forward this on and without criminal prosecution of the perjurious testimony that was given to file the dmca of these kind of abuses will persist.
- deleted 5y ago[deleted]
- curryst 5y agoSadly probably true. The DMCA does specifically state that the filing party is responsible for the accused's legal fees if you can demonstrate that they "materially misrepresented that material or activity is infringing". Still, you're rolling the dice with almost no upside and a probably quite expensive potential liability if you lose. You could maybe also file a countersuit alleging defamation. False allegations of a crime are "pro se" in most jurisdiction, so you don't have to show malice. Negligence is not a defense against defamation, so they can't simply claim that they screwed up. The more important factor is that defamation suits allow punitive damages (which don't seem to be written into DMCA suits; there's no actual financial punishment other than paying lawyer fees). Plus defamation can be a civil suit, with a lower burden of proof than a criminal charge like perjury.