4 ms·
> The DMCA takedown process assumes that nobody would make false declarations under the assumption that there would be consequences to doing so. That is dubiou
by masklinn 3y ago
> The DMCA takedown process assumes that nobody would make false declarations under the assumption that there would be consequences to doing so.
That is dubious, given the DMCA does not define any consequences for false declarations. It does mention penalty of perjury but that's not even for accuracy of claim, it's only for the complaining party being "authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
DMCA abuse took off almost immediately, here's a 2005 study:
> Examining the characteristics of the targets of the notices—the alleged infringers—we found that 41% of all Google notice targets can be classed as competitors of the complainants. Fig. ES-4. This is particularly significant for Google 512(d) complaints regarding links in the index, where 55% of all notices relate to competitors. A significant percentage of the 512(c) and (d) notices sent to Google 21%—target hobbyists, critics, and educational users.
- rkagerer 3y agoYeah's there just too low a bar and not enough friction to issue a complaint and get it acted on without a fair playing field for the victim to make their case.