3 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 charge
by 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...