3 ms·
It's absurd that they're attempting to use the Digital Millennium Copyright Act to enforce their trademark, and from their reply they seem to have made the same
by boomboomsubban 2y ago
It's absurd that they're attempting to use the Digital Millennium Copyright Act to enforce their trademark, and from their reply they seem to have made the same move to 500 other websites without any recourse.
I hate that companies have seen how places react to DMCA takedown requests and have responded by trying to force everything into a DMCA takedown request. Using it to avoid the necessary steps for a circumvention bypass was bad enough, trademark is covered by a whole range of unrelated laws.
- scotty79 2y agoIsn't spurious DMCA request criminal?
- smsm42 2y agoOnly if you claim that you own copyright that you don't, and even that probably won't be prosecuted. E.g. see: https://law.stackexchange.com/questions/51541/has-anyone-been-convicted-of-perjury-for-false-dmca-takedown-notices https://law.stackexchange.com/questions/51541/has-anyone-bee...
- scotty79 2y agoSo I could just draw a picture, call it Iron Man, never publish it and then send DMCA requests to all people who do anything with Marvel's Iron Man telling them to stop because they violate my copyright to my Iron Man? I own copyright to my Iron Man and I can't be blamed for being misunderstood, right? Or maybe I could name my drawing Iron Men? Blame mistargetting the DMCA on overzealous AI bot?
- boomboomsubban 2y agoWhether that approach would succeed in taking anything down is unclear, but I find it hard to imagine the DMCA claim going to court unless you idiotically sued Marvel. Marvel might have a case against you for copyright or trademark infringement, and pleading ignorance probably won't fly there.
- smsm42 2y agoYou can. If you do that, you'd likely be sued by the owner of the real Iron Man trademark (well, they'd send C&D first and if you don't stop they'll sue). But it's not likely you'd suffer any prosecution from the regulators. Of course, people legitimately dealing with Iron Man IP would otherwise ignore you, since they know who the real owner is. You may cause trouble to some people that are fair-using some Iron Man IP, but no more than Marvel already causing them anyway (probably much less).
- deleted 2y ago[deleted]