3 ms·
Cloudflare loses DMCA safe harbor protections if they do not follow the law and disable content after receiving a notification with all the required elements. C
by eli 2y ago
Cloudflare loses DMCA safe harbor protections if they do not follow the law and disable content after receiving a notification with all the required elements. Correct me if I'm wrong, but the DMCA doesn't say anything about verifying the merits of the takedown. (Setting aside the practicality of having an expert on copyright law review each notice even for customers who aren't paying anything)
In the case, if they had ignored the notification and CloudStrike sued anyway they could be stuck as a defendant on that lawsuit.
- nullc 2y agoPlenty of providers happily ignore DMCA takedowns when they think their legal risk is low and when the customer is important-- they lose the safe harbor, sure, but only for that specific instance, which if it's transparently nonsense isn't much of a loss. This even often applies when the infringement is obviously real but the source of the report is someone that lacks the obvious resources to make it a real problem. Even with the safe harbor they can still find themself a defendant, it may just be easier and faster to get themselves dismissed from the case. This two tier system of handling is part of how the procedural flaws in the DMCA are able to persist as long as they have. If major institutions and brands were finding their content forced offline for 15 days at a time we'd see revisions quite quickly.
- account42 2y agoRead the actual complaint [0] forwarded by Buttflare before making baseless claims. This was NOT a DMCA takedown request but a trademark dispute. [0] http://clownstrike.lol/crowdmad/ http://clownstrike.lol/crowdmad/