4 ms·

"Even though you can get in trouble for filing a false DMCA notification (and even for failing to take fair use into account), most online services will quickly

by streety 17y ago

"Even though you can get in trouble for filing a false DMCA notification (and even for failing to take fair use into account), most online services will quickly pull down content when receiving a DMCA takedown to preserve their safe harbor protections. So in almost all cases, the content will get pulled down, even if the content isn't really infringing." Although this will be true for content randomly scattered about the internet there aren't that many services reviewing doctors, RateMyMD.com was mentioned, and so I would expect them to have the clout and the incentive to stand against this.

smanek 17y ago
My understanding is that the DMCA says that when a site receives a take down notice they have to take down the content immediately and notify the poster. If the poster chooses the contest the take down notice, the service can put the content back up while the supposed-copyright-holder and poster fight things out in court. In return the service isn't liable for what users post. Thus, RateMyMD.com doesn't get to fight the copyright infringement notice - the poster does.
- eli 17y ago
  Correct, but knowingly filing a false takedown notice is technically a criminal offense. You are swearing under penalty of perjury that you are the copyright owner.
  - billswift 17y ago
    True, but has anyone ever actually gotten charged to this, no matter how egregious? About a year or so ago, the RIAA was caught basically spamming any IP address that their automated system came up with as a possible music downloader including some networked printers that could not have been downloading. http://www.schneier.com/blog/archives/2008/06/framing_compute_1.html http://www.schneier.com/blog/archives/2008/06/framing_comput... http://www.schneier.com/blog/archives/2008/08/monitoring_p2p.html http://www.schneier.com/blog/archives/2008/08/monitoring_p2p... (this one has link to an academic paper (pdf) discussing it) I thought there was a post on Freedom to Tinker about it too but couldn't find anything.

by streety 17y ago

smanek 17y ago

My understanding is that the DMCA says that when a site receives a take down notice they have to take down the content immediately and notify the poster. If the poster chooses the contest the take down notice, the service can put the content back up while the supposed-copyright-holder and poster fight things out in court. In return the service isn't liable for what users post. Thus, RateMyMD.com doesn't get to fight the copyright infringement notice - the poster does.

eli 17y ago
Correct, but knowingly filing a false takedown notice is technically a criminal offense. You are swearing under penalty of perjury that you are the copyright owner.
- billswift 17y ago
  True, but has anyone ever actually gotten charged to this, no matter how egregious? About a year or so ago, the RIAA was caught basically spamming any IP address that their automated system came up with as a possible music downloader including some networked printers that could not have been downloading. http://www.schneier.com/blog/archives/2008/06/framing_compute_1.html http://www.schneier.com/blog/archives/2008/06/framing_comput... http://www.schneier.com/blog/archives/2008/08/monitoring_p2p.html http://www.schneier.com/blog/archives/2008/08/monitoring_p2p... (this one has link to an academic paper (pdf) discussing it) I thought there was a post on Freedom to Tinker about it too but couldn't find anything.