3 ms·

I wonder if a retaliatory clause in CC licenses where if you issue an erroneous DMCA notice your license is immediately terminated and you can be targeted would

I wonder if a retaliatory clause in CC licenses where if you issue an erroneous DMCA notice your license is immediately terminated and you can be targeted would help.

bawolff 4y ago
Pretty sure its already purjury to intentionally send a fake dmca notice, which has a much harder punishment than anything a license can do (albeit basically never enforced)
- tgsovlerkhgsel 4y ago
  There is some weirdness that makes the perjury clause ineffective in most cases (something like the perjury only applying to some generally-true part of the claim).
  - SAI_Peregrinus 4y ago
    There are two parts to a DMCA claim: First, claiming that you own some copyright. Second, claiming that some work being hosted infringes on your copyright. The first part is the bit that is claimed under penalty of perjury, the second isn't. The article doesn't indicate what work ZO'R TV claims to have the copyright on, only that they claim the portion of the video using Blender's content infringes their copyright on whatever work they own. Without the text of the actual DMCA claim, there's no way to determine if the perjury clause is relevant.
- poizan42 4y ago
  Beyond a reasonable doubt vs. Preponderance of evidence. It's much easier to win a civil suit.
  - emn13 4y ago
    Furthermore, turning this into essentially a contract law issue allows for enforcement by the broader community (depending on how the contract is worded, and with whom it formally is, of course), rather than waiting for prosecutors that may not care much about making an example of some Uzbek TV station (IANAL).
Steltek 4y ago
Strong copyleft licenses like that don't get a lot of love these days. GPL has something similar. One problem is that to enforce these kinds of clauses, the original rights holder needs to go around suing everyone as it's a contractual thing. It isn't a law.
- rocqua 4y ago
  I dislike copyleft, but once you decided to go for copyleft, I think a clause like this makes a lot of sense. Copyleft licenses are inherently trying to coerce the world to be a certain way. A penalty clause like this is probably more effective at changing the world than the normal clauses.

I wonder if a retaliatory clause in CC licenses where if you issue an erroneous DMCA notice your license is immediately terminated and you can be targeted would help.

bawolff 4y ago

Pretty sure its already purjury to intentionally send a fake dmca notice, which has a much harder punishment than anything a license can do (albeit basically never enforced)

tgsovlerkhgsel 4y ago
There is some weirdness that makes the perjury clause ineffective in most cases (something like the perjury only applying to some generally-true part of the claim).
- SAI_Peregrinus 4y ago
  There are two parts to a DMCA claim: First, claiming that you own some copyright. Second, claiming that some work being hosted infringes on your copyright. The first part is the bit that is claimed under penalty of perjury, the second isn't. The article doesn't indicate what work ZO'R TV claims to have the copyright on, only that they claim the portion of the video using Blender's content infringes their copyright on whatever work they own. Without the text of the actual DMCA claim, there's no way to determine if the perjury clause is relevant.
poizan42 4y ago
Beyond a reasonable doubt vs. Preponderance of evidence. It's much easier to win a civil suit.
- emn13 4y ago
  Furthermore, turning this into essentially a contract law issue allows for enforcement by the broader community (depending on how the contract is worded, and with whom it formally is, of course), rather than waiting for prosecutors that may not care much about making an example of some Uzbek TV station (IANAL).

Steltek 4y ago

Strong copyleft licenses like that don't get a lot of love these days. GPL has something similar. One problem is that to enforce these kinds of clauses, the original rights holder needs to go around suing everyone as it's a contractual thing. It isn't a law.

rocqua 4y ago
I dislike copyleft, but once you decided to go for copyleft, I think a clause like this makes a lot of sense. Copyleft licenses are inherently trying to coerce the world to be a certain way. A penalty clause like this is probably more effective at changing the world than the normal clauses.