2 ms·
Sadly 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 "mater
by curryst 5y ago
Sadly 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.