2 ms·
> the question reduces to whether it's knowingly and materially false that the exclusive right was allegedly infringed. > If a known bad-faith/inaccurate alleg
by cormacrelf 5y ago
> the question reduces to whether it's knowingly and materially false that the exclusive right was allegedly infringed.
> If a known bad-faith/inaccurate allegation suffices to make the exclusive right allegedly infringed, then the statement is true and there was no perjury.
I didn’t read after this, because if that were the determining question for the crime of perjury, every person and their lawyer who filed an affidavit in a case that eventually failed would be a criminal. Fortunately it is not. It is not possible to perjure yourself about the answer to a question that nobody in the universe knows for sure until a judge decides it. It is impossible to meet the definition of perjury in this fashion; you have to know it was false at the time you made the statement. Nobody knows whether an allegation of infringement will turn out to be true when they file a DMCA notice. They cannot know it.
Let me say that again: nobody is waiting with baited breath for the decision in a court case to find out if they have perjured themselves by filing it. I don’t know what planet you are living on if you think that happens. DMCA perjury most certainly does not cover the allegation of infringement that you think it does anyway, so maybe next time read the law before running with it all the way out the stadium and into a nearby river. (Edit: you did read the law I suppose. Reading laws is difficult; the way you reduced the question was fatally flawed. Partly because you did not understand that perjury is a crime with a specific definition outside the DMCA, not a punishment, and partly because… well, the way you reduced the question was fatally flawed.)
There’s a stack exchange answer where someone walks through it slowly for you: https://law.stackexchange.com/questions/51541/has-anyone-been-convicted-of-perjury-for-false-dmca-takedown-notices https://law.stackexchange.com/questions/51541/has-anyone-bee...