4 ms·

It’s all because the penalty of perjury, which is accepted in the claim, is nothing. Nobody has ever been punished for sending a false DMCA claim. If sending f

It’s all because the penalty of perjury, which is accepted in the claim, is nothing. Nobody has ever been punished for sending a false DMCA claim. If sending fraudulent claims like this resulted in the sender going to jail this wouldn’t be much of a problem at all. But it doesn’t.

pbhjpbhj 3y ago
False copyright claims are a civil matter. A fine equal to a fifth of the last five years of annual income and wealth increase (eg share value accrued, house value accrued), plus restitution of all actual losses, plus payment of court fees should be sufficient. Prison is a massive cost to society, we should avoid it except where it's entirely necessary.
- hyeonwho22 3y ago
  False DMCA claims are perjury, which is (at least in some states) a felony. The rationale is that the DMCA gives complainants the ability to restrict others' speech, and so the law wants to strongly disincentivize abuse of that power.
  - pbhjpbhj 3y ago
    Are DMCA claims under oath? In any case, I didn't express it well. What I intended was that, in my personal opinion, these matters should be treated as a civil matter in view of copyright essentially being a tort. USA Americans seem to contort the notion of speech beyond recognition. Being prevented from publishing a video someone else created, say, doesn't inhibit your right to express any opinion (aka freedom of speech). But of course, disincentivising abuses of power is always good.
    - hyeonwho22 3y ago
      > Are DMCA claims under oath? Yes. DMCA claims are made under penalty of perjury. > Being prevented from publishing a video someone else created, say, doesn't inhibit your right to express any opinion (aka freedom of speech). Indeed, the inhibition of free speech is when you are prevented from publishing a video you created, because someone else falsely claims that they created it. Hence the felony.

pbhjpbhj 3y ago

False copyright claims are a civil matter. A fine equal to a fifth of the last five years of annual income and wealth increase (eg share value accrued, house value accrued), plus restitution of all actual losses, plus payment of court fees should be sufficient. Prison is a massive cost to society, we should avoid it except where it's entirely necessary.

hyeonwho22 3y ago
False DMCA claims are perjury, which is (at least in some states) a felony. The rationale is that the DMCA gives complainants the ability to restrict others' speech, and so the law wants to strongly disincentivize abuse of that power.
- pbhjpbhj 3y ago
  Are DMCA claims under oath? In any case, I didn't express it well. What I intended was that, in my personal opinion, these matters should be treated as a civil matter in view of copyright essentially being a tort. USA Americans seem to contort the notion of speech beyond recognition. Being prevented from publishing a video someone else created, say, doesn't inhibit your right to express any opinion (aka freedom of speech). But of course, disincentivising abuses of power is always good.
  - hyeonwho22 3y ago
    > Are DMCA claims under oath? Yes. DMCA claims are made under penalty of perjury. > Being prevented from publishing a video someone else created, say, doesn't inhibit your right to express any opinion (aka freedom of speech). Indeed, the inhibition of free speech is when you are prevented from publishing a video you created, because someone else falsely claims that they created it. Hence the felony.