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I believe that a real DMCA takedown (not the copyright notice used by youtube) needs the following two clauses: "I have a good faith belief that use of the cop
by rocqua 5y ago
I believe that a real DMCA takedown (not the copyright notice used by youtube) needs the following two clauses:
"I have a good faith belief that use of the copyrighted materials described above on the infringing web pages is not authorized by the copyright owner, or its agent, or the law."
and
"I swear, under penalty of perjury, that the information in this notification is accurate and that I am the copyright owner, or am authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed."
This takedown does not seem to have been in good faith or accurate, if only because of the following:
> The notice also stated “the infringing website is not willing to remove our client's work”, which came as a surprise to us since, at no point in time prior to receiving this notice had we received any communications from HackerRank or WorthIT Solutions.
Are there any consequences against whomever at WorthIT signed the DMCA request? If not, how come?
- dannyw 5y agoPerjury is a criminal offense, but to date, no one has been even charged or prosecuted[1] for perjury for abuse of the DMCA takedown process. [1]: 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...
- rodgerd 5y agoThere has been one case - the Addison Caine lawsuit - but the fact that it's only one shows how ineffectual the provisions are as a counterbalance.
- bilekas 5y agoI can't speak for WorthIT but I've heard countless stories surrounding YouTube takedowns which are overturned because they just don't apply however Iv'e never heard of any repercussions for those making the claim. They do seem to be given the benefit of the doubt, which is fine, but if they're not pushed towards improving their automation its just going to stay a nightmare for everyone else.
- rocqua 5y agoYouTube takedown requests are rarely DMCA requests. YouTube modelled their internal system after the DMCA but left out the perjury part.
- Dylan16807 5y agoYou have your second clause wrong. Move "swear under penalty of perjury" to after the part about accuracy. Perjury only applies to the claim that you're authorized to act for the copyright that is being allegedly infringed.
- rocqua 5y agoYou appear to be right. I copied these statements from the netfly website but the actual law seems to phrase it differently. It also matches the reading of the law.stackoverflow question quoted in a sibling comment to yours.
- kingcharles 5y agoEveryone seems to have copy/pasted that set of incorrectly phrased clauses. I see them everywhere.
- tgsovlerkhgsel 5y agoBecause web sites would prefer the DMCA requestors to be careful, afraid, and face consequences for lying. That's why you should never use your opponent's forms.
- rodgerd 5y agoLyndsay Ellis documented the mis-use of the DMCA by an author, and attempts to invoke the perjury penalties for same, across a couple of hours of video that will teach you more about wolf porn fiction ("The Tiger King of wolf porn") than you wanted to know: https://www.youtube.com/watch?v=zhWWcWtAUoY https://www.youtube.com/watch?v=zhWWcWtAUoY and https://www.youtube.com/watch?v=K3v5wFMQRqs https://www.youtube.com/watch?v=K3v5wFMQRqs If you choose to forego the entertainment therein, the TL;DR is essentially that the time and cost of pursing a case, and enforcing it, means that the threat is worthless as a counter-balance.
- jrochkind1 5y agoA simple thing Github could go, within the law, would be to require a takedown request to include that language, maybe?
- rocqua 5y agoI imagine the law requires Github to process all valid takedown requests. I don't think that Github gets to set extra conditions on what takedown requests they do and do no process.
- jrochkind1 5y agoI thought you were suggesting the law said those components were necessary to be a valid takedown request, but most providers were just being more lax and not requiring them. When you said "I believe that a real DMCA takedown needs the following two clauses." I guess I misunderstood!
- rocqua 5y agoSorry for the misunderstanding. I said "I believe" because I wasn't sure about the law at time of writing. From what I have seen all providers do require the two clauses. Though YouTube is an exception because their internal takedown process isn't DMCA and does miss those two clauses. That means frivolous YouTube takedowns are even easier. Notably YouTube also still has an actual full DMCA process, but it is rarely used because the internal process is easier if available to you.