3 ms·

DMCA would protect google from this, if the company appdetex (for instagram) files a valid DMCA take down request, google has to comply, and the appeals process

DMCA would protect google from this, if the company appdetex (for instagram) files a valid DMCA take down request, google has to comply, and the appeals process can get it reinstated. But the DMCA request has to be honored first. I've always felt it was a shitty policy, it has been exploited countless, even more so in time sensitive situations. But that is the requirement as it stands now and no company is going to challenge it as a failure in attempt is far more harmful to them, than taking down someone else problematic content.

donmcronald 4y ago
Isn’t the DMCA only for copyright infringement [1]? > The DMCA safe harbor provisions only apply to claims of copyright infringement. Therefore, they do not provide any protection against trademark claims, whether for trademark infringement, trademark dilution, or cybersquatting. If the FTC has the authority I’d love to see them bring the hammer down on big tech for stuff like this. A $100 million fine for destroying someone’s small business would be fine by me. 1. https://www.dmlp.org/legal-guide/trademark-user-generated-content https://www.dmlp.org/legal-guide/trademark-user-generated-co...
- Meph504 4y ago
  The problem if the dmca claim form is valid is the standard for take down, the court determines whose copyright claim is valid, not Google. And though they could argue the point, why argue a point that would have a detrimental effect for being wrong, and very little positive for being right? But yes, I think the Dmca system is flawed greatly without a serious punishment for those who abuse it.
lsaferite 4y ago
They need to file a DMCA counter claim. That absolves Google and the next step for the original claimant after that is court.
- tadfisher 4y ago
  This is a trademark infringement complaint, not a DMCA takedown notice. There is no safe harbor for Google here, thus no counter-notice procedure, and no incentive for Google to be named themselves in a trademark infringement suit.

donmcronald 4y ago

Isn’t the DMCA only for copyright infringement [1]? > The DMCA safe harbor provisions only apply to claims of copyright infringement. Therefore, they do not provide any protection against trademark claims, whether for trademark infringement, trademark dilution, or cybersquatting. If the FTC has the authority I’d love to see them bring the hammer down on big tech for stuff like this. A $100 million fine for destroying someone’s small business would be fine by me. 1. https://www.dmlp.org/legal-guide/trademark-user-generated-content https://www.dmlp.org/legal-guide/trademark-user-generated-co...

Meph504 4y ago
The problem if the dmca claim form is valid is the standard for take down, the court determines whose copyright claim is valid, not Google. And though they could argue the point, why argue a point that would have a detrimental effect for being wrong, and very little positive for being right? But yes, I think the Dmca system is flawed greatly without a serious punishment for those who abuse it.

lsaferite 4y ago

They need to file a DMCA counter claim. That absolves Google and the next step for the original claimant after that is court.

tadfisher 4y ago
This is a trademark infringement complaint, not a DMCA takedown notice. There is no safe harbor for Google here, thus no counter-notice procedure, and no incentive for Google to be named themselves in a trademark infringement suit.