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> I think that what's going on here is incompetence, not fraud. There’s a middle ground: sabotage. DMCA complaints have asymmetric incentives. You can, afaik,
by klabb3 3y ago
> I think that what's going on here is incompetence, not fraud.
There’s a middle ground: sabotage. DMCA complaints have asymmetric incentives. You can, afaik, send a near-infinite number of (generated, duplicated, likely-to-not-exist) complaints at the cost of an email. As a host, you are obligated to comply with each individual report. Automating the process of decoding arbitrary emails, mapping to content you have and verifying that it’s copyrighted is extremely hard if not impossible, so you end up with a manual defense against an automated attack. This can obviously be exploited for purposes of sabotage.
Imagine sending bulk emails to the police reporting all people you don’t like for all crimes you can think of, without any risk. Or if you could call mayday on the sea, get other ships to reroute and risk their lives, with no consequences.
- tough 3y agoAlso a legal hack. If you even reply to them you acknowledge their validity and accept whatever legal geography they send it from to be judged on, if you're outside the US. ignore them
- HWR_14 3y agoIs that also true with a response of "this is outside your/my jurisdiction"?
- worik 3y ago> you're outside the US. ignore them Sadly that is nor good advice You can find yourself being extradited. The legal grounds matter little, as you may find yourself in a Kafkaesque process that will ruin your happiness
- bragr 3y agoYou cannot be extradited for civil matters in any jurisdiction that I'm aware of, not that I'd recommend ignoring them either.
- tough 3y agoI have ignored this for years when I was a digital pirate in Europe. Fake DMCA bogus can also index you out of google, even your homepage where no 3rd party links are found if you don't fight them I got lawsuits from the RIAA but non related. You can safely ignore DMCA's if they're not applied to your jurisdiction, BUT your host and other providers won't when they go upstream unless they also are like in china russia or whatever ignores the US asks
- dontlaugh 3y agohttps://www.theguardian.com/law/2012/jan/13/piracy-student-loses-us-extradition https://www.theguardian.com/law/2012/jan/13/piracy-student-l...
- tough 3y agoI remember this case from the UK, well the five-eyes english kingdom is very strong in it's ties. I only know of cases getting condemned in my country when they accepted dubious plea deals. Very few. Anecdotical. I read somewhere if you think a law Is unjust, you must break it, but do so publicly accepting facing any consequences. If extradition is on the table, and jail on the US, maybe we need some more martyr's to suffer through this to make a point that copyright is absurd nowadays.
- qingcharles 3y agoWhile the DMCA is of dubious legal authority served on sites hosted outside the USA, you need to make sure your hosting company is in on your policy position as they will start taking the heat once you start disregarding all the notices.
- tough 3y agoAgreed, your host/servers/isp are the ultimate frontier, they can also seize your domains with the eagle via ICANN
- moi2388 3y agoNonsense.
- dclowd9901 3y ago> Imagine sending bulk emails to the police reporting all people you don’t like for all crimes you can think of, without any risk. Or if you could call mayday on the sea, get other ships to reroute and risk their lives, with no consequences. I love this analogy because we find it wouldn’t work because it would likely raise some flags: 1) sudden influx of reports, 2) the person reporting leaves no reliable way to reach them back, 3) the people are already not on the police’s radar, so that in itself becomes suspicious. How can we replicate these checks on the web?
- ixwt 3y agoFrom my understanding, this would put you at a significant legal risk. Part of the DMCA is a counter suit, and the courts would seriously frown on this kind of tactic. It would seriously negatively impact your case, and could get you labeled a serial litigant (not for doing it one time), which would put any filing you made under serious scrutiny. Not a lawyer. Just watched and read a good bit about this kind of thing.