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Penalties and counter-suits require intentional misrepresentation by the claimant, which is so painfully unprovable that the existence of penalties for maliciou
by somenameforme 2mo ago
Penalties and counter-suits require intentional misrepresentation by the claimant, which is so painfully unprovable that the existence of penalties for malicious claims may as well not exist. I mean I suppose it can stop some rando guy from sending out claims for lols, but stuff like what Microsoft and a number of other corps do is extremely predictable and certainly malicious in nature.
- Terr_ 2mo agoMy cynical view is that the half-measure (punishments for impersonation rather than spurious claims) just prevents well-intentioned protestors from highlighting the insanity of the whole system.
- sterlind 2mo agoDMCA seems like an ideal place to have the winner pay all parties' attorney's fees, plus damages. It's usually pretty objective and easy to see whether something infringes.