3 ms·
Good time to ask how the “penalty of perjury” works (or supposed to)? Who is supposed to enforce it? I think every infringement notice has a statement with thos
by smarx007 5y ago
Good time to ask how the “penalty of perjury” works (or supposed to)? Who is supposed to enforce it? I think every infringement notice has a statement with those words.
- quickthrowman 5y agoIt does nothing unless a prosecutor files criminal charges, which according to this law stackexchange post[0] has never happened for fake DMCA takedowns. A federal prosecutor would enforce it, if they actually cared (they don’t). So we ended up with a system where large companies can spray and pray DMCA claims all over the internet with no consequences for inaccuracy. This results in absurd situations like Warner Bros issuing a DMCA takedown against itself.[1] [0]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... [1] https://www.ajournalofmusicalthings.com/warner-bros-files-takedown-notice/ https://www.ajournalofmusicalthings.com/warner-bros-files-ta...
- smarx007 5y agoWow, self-DMCA is… another level. From the post you linked: “only the statement that the complaining party is authorized to act on behalf of the copyright holder is made under penalty of perjury.” There is some clever English grammar in the original text of the law. The complaint itself only needs to be in good faith. Thank you!
- deleted 5y ago[deleted]
- dylan604 5y agoIf you're the head of an intelligence agency perjuring yourself to congress, then there is no penalty.