5 ms·

You need to either be or represent the copyright holder. I'm 99% sure most warez groups have no interest in exposing themselves to any legal systems when it com

You need to either be or represent the copyright holder. I'm 99% sure most warez groups have no interest in exposing themselves to any legal systems when it comes to what they do.

h2odragon 3y ago
If I say I represent such a group, then; is it likely that anyone will disagree? DMCA cases seem to be about who has the scarier looking letterhead anyway. To whom would I have to prove or disprove my standing to take Rockstar games down, I wonder? Does Steam have any right to refuse such a request just because it's patently absurd?
- elil17 3y ago
  Imagine you did this and ended up in court. If you admit you lied on the DMCA request, you'd be admitting to perjury. If you continue to claim to be the cracker, Rockstar could sue you for damages from IP theft.
  - qingcharles 3y ago
    Perjury is only if you make a statement under oath knowing it to be a lie. The DMCA doesn't require you by statute to tell the truth. As long as you tell the truth under oath on the witness stand, if it got that far, then you'd be fine from a criminal prosecution perspective. Of course, you'd probably get counter-sued for a number of civil torts for being a fuckhead.
    - sillysaurusx 3y ago
      It does. Each DMCA requires “A statement that the information in the complaint is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.”
      - PeterisP 3y ago
        Especially do note that you could lie on all the other parts of the complaint, such as the issue whether the violation actually occurred, but the one thing that's under the penalty of perjury is whether you're actually representing the copyright owner.
    - elil17 3y ago
      What you said is not true. The text of the law specifically clarifies that a false DMCA takedown request is perjury.
- baby_souffle 3y ago
  > If I say I represent such a group, then; is it likely that anyone will disagree? DMCA cases seem to be about who has the scarier looking letterhead anyway. If you say you represent them, all the scary letter heads will go to _you_.
  - dalore 3y ago
    You could say you wrote the source code for the cracker, but you did not distribute the pirated software, that was someone else.
- mrguyorama 3y ago
  >DMCA cases seem to be about who has the scarier looking letterhead anyway. This is only true of Youtube, where their "DMCA" process is entirely extralegal, which is why there is no penalty for an incorrect takedown request. If you file a DMCA, and Valve ignores it, you have to take it to court, where a judge will decide whether you prove you are the rightful copyright holder. As in the case with google, a company is free to take down content for any reason, including for bogus DMCA claims.
NoMoreNicksLeft 3y ago
You need that in the sense that it would be a legitimate notice. No requirement such as that is part of the DMCA, and there is no penalty in statute for making illegitimate notices.
creatonez 3y ago
In Russia, developers of a Minecraft crack called TLauncher have targeted other developers of other Russian Minecraft cracking projects with takedowns and trademark complaints. How did they do it? They registered a company in the Seychelles islands to protect their identity. And of course, they're relying on the fact that the Russian government is uninterested in protecting the intellectual property of Mojang.

You need to either be or represent the copyright holder. I'm 99% sure most warez groups have no interest in exposing themselves to any legal systems when it comes to what they do.

h2odragon 3y ago

If I say I represent such a group, then; is it likely that anyone will disagree? DMCA cases seem to be about who has the scarier looking letterhead anyway. To whom would I have to prove or disprove my standing to take Rockstar games down, I wonder? Does Steam have any right to refuse such a request just because it's patently absurd?

elil17 3y ago
Imagine you did this and ended up in court. If you admit you lied on the DMCA request, you'd be admitting to perjury. If you continue to claim to be the cracker, Rockstar could sue you for damages from IP theft.
- qingcharles 3y ago
  Perjury is only if you make a statement under oath knowing it to be a lie. The DMCA doesn't require you by statute to tell the truth. As long as you tell the truth under oath on the witness stand, if it got that far, then you'd be fine from a criminal prosecution perspective. Of course, you'd probably get counter-sued for a number of civil torts for being a fuckhead.
  - sillysaurusx 3y ago
    It does. Each DMCA requires “A statement that the information in the complaint is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.”
    - PeterisP 3y ago
      Especially do note that you could lie on all the other parts of the complaint, such as the issue whether the violation actually occurred, but the one thing that's under the penalty of perjury is whether you're actually representing the copyright owner.
  - elil17 3y ago
    What you said is not true. The text of the law specifically clarifies that a false DMCA takedown request is perjury.
baby_souffle 3y ago
> If I say I represent such a group, then; is it likely that anyone will disagree? DMCA cases seem to be about who has the scarier looking letterhead anyway. If you say you represent them, all the scary letter heads will go to _you_.
- dalore 3y ago
  You could say you wrote the source code for the cracker, but you did not distribute the pirated software, that was someone else.
mrguyorama 3y ago
>DMCA cases seem to be about who has the scarier looking letterhead anyway. This is only true of Youtube, where their "DMCA" process is entirely extralegal, which is why there is no penalty for an incorrect takedown request. If you file a DMCA, and Valve ignores it, you have to take it to court, where a judge will decide whether you prove you are the rightful copyright holder. As in the case with google, a company is free to take down content for any reason, including for bogus DMCA claims.

NoMoreNicksLeft 3y ago

You need that in the sense that it would be a legitimate notice. No requirement such as that is part of the DMCA, and there is no penalty in statute for making illegitimate notices.

creatonez 3y ago

In Russia, developers of a Minecraft crack called TLauncher have targeted other developers of other Russian Minecraft cracking projects with takedowns and trademark complaints. How did they do it? They registered a company in the Seychelles islands to protect their identity. And of course, they're relying on the fact that the Russian government is uninterested in protecting the intellectual property of Mojang.