5 ms·
An example needs to be set. They should be sued for issuing a DMCA notice in bad faith.
by zapdrive 13y ago
An example needs to be set. They should be sued for issuing a DMCA notice in bad faith.
- rdl 13y agoI'm curious who has standing. One of the people who posted/commented in the original thread? A user who wanted to learn about CipherCloud? StackExchange itself?
- zapdrive 13y agoI think it should be StackExchange. I wouldn't mind pooling in for legal fees, if they start a fund or something.
- analog 13y agoThe damage to their reputation should be quite a good example. Nowhere near so many would have heard of this if they hadn't issued the takedown.
- shardling 13y agoActually, is a DMCA notice against something that's fair use technically bad faith? You are still violating their copyright, you just have a defense against it in court. Ultimately, whether something is fair use or not is the purview of the courts. Does the DMCA require you to make that judgement before submitting a notice? I would guess not. And unfortunately, you can't sue people just for being jerks.
- joeframbach 13y agoYou can sue anybody for anything. The outcome of such action is not guaranteed either way, however.