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The Google process pre-empts DCMA, that's the real problem. Congress has already considered fraudulent claims, but Google has/will not.
by zamalek 5y ago
The Google process pre-empts DCMA, that's the real problem. Congress has already considered fraudulent claims, but Google has/will not.
- dragonwriter 5y ago> The Google process pre-empts DCMA, that's the real problem The reference to federal law wasn't to the DMCA safe harbor, but to the repeat-infringer termination rule. The Google termination process fulfills that requirement rather than preempting it. > Congress has already considered fraudulent claims, but Google has/will not. Insofar as the first part is true, its only in the sense that Congress essentially gave carte blanche to fradulent claims since the only consequence for false takedown notices apply only to the assertion of ownership or representation of the owner of some asserted copyright, not the part where you claim that someone is using the copyright protected material in an infringing manner.