4 ms·

That article also mentions that (at least some aspect of) the filing is made under penalty of perjury. So, theoretically, there's potential for criminal charges

That article also mentions that (at least some aspect of) the filing is made under penalty of perjury. So, theoretically, there's potential for criminal charges for abuse of DMCA process. I think that just never gets prosecuted.

nobody9999 4y ago
>That article also mentions that (at least some aspect of) the filing is made under penalty of perjury. So, theoretically, there's potential for criminal charges for abuse of DMCA process. I think that just never gets prosecuted. The relevant Federal laws[0] do appear to support your assertions. That said, it's apparently a bit more complicated to prosecute someone in the context of a false DMCA takedown requests. Even more, you can't put a corporate entity in jail (limited liability, the corporate veil, etc.), only people. As such, I imagine that unless there's something really egregious (and this situation might be an example of that -- ask a US Attorney -- I'm not one of those), I suppose Federal prosecutors could charge someone with perjury over such false claims. [0] https://www.justice.gov/archives/jm/criminal-resource-manual-1750-comparison-perjury-statutes-18-usc-1621-and-1623 https://www.justice.gov/archives/jm/criminal-resource-manual...