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> It's DMCA abuse because that process is only legal to use in case of actual copyright infringement, not just any content you might have a moral claim over. I

> It's DMCA abuse because that process is only legal to use in case of actual copyright infringement, not just any content you might have a moral claim over. I will reply to this comment because it's the easier to address, you're really hitting on the main misconception :D It is incorrect to think that the DMCA form is only valid for copyright. You need to contact the other party to start a legal dispute, you can do so by any available communication channels. The website is hidden behind cloudflare which purposefully hides the identity of the author and prevents any contact, except via a DMCA form. Burger King filled the DMCA form to get in touch with the author. It's merely a mean to legally contact the author and start a dispute, in the absence of better options. It worked, cloudflare forwarded the form to the author (and the author decided to take down the article on their own). I really can't think of any reason why it would not be considered a reasonable and legitimate use of the form. All the better because it's an official legal form.

itake 1y ago
Can you cite the law where it says DMCA is supposed to be used as a contact form to get ahold of the author? Another commenter in the thread shared where the laws says the exact opposite (DMCA is only for copyright violations)?
baobabKoodaa 1y ago
> The website is hidden behind cloudflare which purposefully hides the identity of the author and prevents any contact, except via a DMCA form The blog post says that the author contacted Burger King and they had some sort of communication channel available, Burger King just chose not to use it.
immibis 1y ago
It's fraud and perjury to file a DMCA claim for any reason other than someone infringed your copyright. A DMCA claim is only valid if you swear on penalty of perjury that the target infringed your copyright. Otherwise it's meaningless.
rtkwe 1y ago
It's really really not. Cloudflare has the appropriate method to contact the owner of a domain behind it's anonymization: https://domaincontact.cloudflareregistrar.com/bobdahacker.com https://domaincontact.cloudflareregistrar.com/bobdahacker.co... DMCA is NOT a contact form. Part of the process is an attestation that you are the owner of a copyright and the content is infringing on that copyright, lying on that is perjury (even though I've never seen it enforced, perjury in general is rarely enforced). The convenience of DMCA as a contact and takedown form does not legitimize it's use as one.

itake 1y ago

Can you cite the law where it says DMCA is supposed to be used as a contact form to get ahold of the author? Another commenter in the thread shared where the laws says the exact opposite (DMCA is only for copyright violations)?

baobabKoodaa 1y ago

> The website is hidden behind cloudflare which purposefully hides the identity of the author and prevents any contact, except via a DMCA form The blog post says that the author contacted Burger King and they had some sort of communication channel available, Burger King just chose not to use it.

immibis 1y ago

It's fraud and perjury to file a DMCA claim for any reason other than someone infringed your copyright. A DMCA claim is only valid if you swear on penalty of perjury that the target infringed your copyright. Otherwise it's meaningless.

rtkwe 1y ago

It's really really not. Cloudflare has the appropriate method to contact the owner of a domain behind it's anonymization: https://domaincontact.cloudflareregistrar.com/bobdahacker.com https://domaincontact.cloudflareregistrar.com/bobdahacker.co... DMCA is NOT a contact form. Part of the process is an attestation that you are the owner of a copyright and the content is infringing on that copyright, lying on that is perjury (even though I've never seen it enforced, perjury in general is rarely enforced). The convenience of DMCA as a contact and takedown form does not legitimize it's use as one.