4 ms·
That's the way it works and it works pretty well. There are provisions in the DMCA which punish false DMCA takedown notices.
by Zimahl 14y ago
That's the way it works and it works pretty well. There are provisions in the DMCA which punish false DMCA takedown notices.
- Symmetry 14y agoHas anyone ever actually been punished for false DMCA takedown notices? I know it hasn't happened in any of the false takedown notice cases I'm familiar with.
- megablast 14y agoHow do you prove that you did not infringe?
- biot 14y agoNo it isn't [0]. The way DMCA works is that someone files a claim, Apple pulls the app, the defending party files a counter-claim, Apple restores the app. Now it's between the two parties. It's not Apple's role to be the judge to which one must disprove infringement. [0] See 17 USC 512 (c)(3) & (g)(2): http://www.law.cornell.edu/uscode/text/17/512 http://www.law.cornell.edu/uscode/text/17/512
- dredmorbius 14y agoNo there aren't. The only requirement is that the DMCA claiment swear, under penalty of perjury, that they are authorized to make the demand (they are the copyright holder or authorized agent). No other penalty / liability against the notice server is provided for in the statute. Relevant portion: 17 USC 512(c)(3)(A)(vi) http://www.law.cornell.edu/uscode/text/17/512 http://www.law.cornell.edu/uscode/text/17/512
- Zimahl 14y agoNo there aren't. No other penalty / liability against the notice server is provided for in the statute. So are you going to ignore section f (Misrepresentations) which makes the entity providing the notice responsible for various penalties?
- dredmorbius 14y agoMy error. Unless I'm misremembering, that was not a part of the original statute & was added later. The criticism I gave was fairly common immediately following passage of the DMCA.
- nitrogen 14y ago(f) Misrepresentations.— Any person who knowingly materially misrepresents under this section— IANAL, but those two words "knowingly" and "materially" are extremely huge caveats that should make it very easy to avoid any liability for carefully crafted false takedown notices.