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There's certainly precedent for punitive action to be taken. http://targetlaw.com/consequences-of-filing-a-false-dmca-takedown-request http://targetlaw.com/con
by strags 15y ago
There's certainly precedent for punitive action to be taken.
http://targetlaw.com/consequences-of-filing-a-false-dmca-takedown-request http://targetlaw.com/consequences-of-filing-a-false-dmca-tak...
"...A California court agreed with the Group and granted a request for summary judgment, after which Diebold settled with the Group to pay $125,000 for their monetary losses and legal fees."
- eli 15y agoIANAL, but those aren't punitive damages. Those are compensation for money lost as a result of Diebold's actions. Punitive would be getting cash beyond the harm that was actually caused.
- strags 15y agoMy bad, you're correct. Nonetheless, it illustrates that there exists the potential to make filing fraudulent take-downs a costly proposition.
- davidu 15y agoI was actually intimately involved in that particular case and one of the named parties in Diebold's C&D. Support the EFF. They got the proceeds from our settlement.
- strags 15y agoThat's great to hear. Thankyou.