4 ms·
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
by 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 agoCorrect, 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 agoTrue, 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.