4 ms·
An unfortunate double-standard of the DMCA is that only damages are recoverable in the event of a false takedown. There's an ongoing case right now that would
by paulgb 13y ago
An unfortunate double-standard of the DMCA is that only damages are recoverable in the event of a false takedown.
There's an ongoing case right now that would test whether "loss of free speech" is a recoverable damage.
Best of luck to Automattic, it's nice to see someone taking action.
- rlpb 13y agoIsn't some sort of criminal sanction for "perjury" an additional consequence? Or is that entirely toothless?
- paulgb 13y agoIANAL but I've been censored by the DMCA before and fought it. My understanding is that perjury is a crime against the court/government, so you'd have to convince a district attorney to pursue it which is rarely done. Also, the takedown requires a much weaker statement under perjury than the counter-takedown. "the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed". There's (bizarrely) no need to claim good faith. Edit: here's my story: https://medium.com/this-happened-to-me/9ccd3a157914 https://medium.com/this-happened-to-me/9ccd3a157914