4 ms·
What are the penalties for a false DMCA claim?
by largesse 14y ago
What are the penalties for a false DMCA claim?
- saiko-chriskun 14y agoThere really should be more penalties for this.
- largesse 14y agoApparently, the notices say "under penalty of perjury", but at the very least you should be able to sue abusers civilly. I'm just not sure that is a great recourse for open source. DMCA needs reform on this. There needs to be scale of fines for parties that issue takedowns based upon false copyright claims.
- dangrossman 14y agoThe part that's "under penalty of perjury" is only the statement that you are authorized to act on behalf of a copyright holder, not that your claims are true.
- Pyramids 14y agoThe actual content holder, and the content provider are then eligible to counter-sue whomever filed the false takedown notice, applicable examples of this include: OPG v. Diebold (2004): https://www.eff.org/press/archives/2004/10/15 https://www.eff.org/press/archives/2004/10/15 Lenz v. Universal Music Corp. (2007): http://en.wikipedia.org/wiki/Lenz_v._Universal_Music_Corp http://en.wikipedia.org/wiki/Lenz_v._Universal_Music_Corp (Overview) https://www.eff.org/files/filenode/lenz_v_universal/lenzorder082008.pdf https://www.eff.org/files/filenode/lenz_v_universal/lenzorde... (Court Orders)