4 ms·
> this DMCA process that expects the claimant to issue a good faith report, under penalty of perjury. This is a common misunderstanding, but if you read the t
by jefftk 3y ago
> this DMCA process that expects the claimant to issue a good faith report, under penalty of perjury.
This is a common misunderstanding, but if you read the text of the statute it's clear that the "penalty of perjury" only applies to having authorization:
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. -- https://www.law.cornell.edu/uscode/text/17/512 https://www.law.cornell.edu/uscode/text/17/512 c.3.A.vi
- CobrastanJorji 3y agoEven worse, punishment for misrepresentation requires proving that the DMCA filer "knowingly" materially misrepresents that the material is infringing (see f. "Misrepresentations"). Sloppiness and not double checking that your automatically-generated claims make any sense should be punished, but instead it's is a valid defense.
- tpoacher 3y agosurely if they filed the same claim twice and it was labelled as bogus the first time this is enough to demonstrate the "knowingly" part, right?