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No, they're not. The DMCA takedown notice must meet each element as specified by law. In particular, the notice must explicitly identify the copyrighted work a
by Bluestrike2 14y ago
No, they're not.
The DMCA takedown notice must meet each element as specified by law. In particular, the notice must explicitly identify the copyrighted work as well as the material claimed to be infringed.
In their DMCA notice, LV failed to meet the requirements for a valid DMCA takedown notice. By failing to specify their own work, as well as what materials in particular were allegedly infringing, they ensured that their claim was invalid on face.
As a result, LV isn't going after anyone. An invalid takedown notice carries no duty to act on the part of the service provider. It, quite simply, doesn't exist. The really remarkable thing here isn't that LV filed an invalid notice--it happens all the time, particularly when they're automated in other circumstances--but that Github acted on it at all as an invalid takedown notice is not considered by the courts to impart actual knowledge of infringement.
In effect, if it's invalid, the takedown notice doesn't exist.