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Do you think you could start a class action lawsuit on this basis? If companies aren't going to bother to stand up to this, and individuals don't have the money
by eslaught 12y ago
Do you think you could start a class action lawsuit on this basis? If companies aren't going to bother to stand up to this, and individuals don't have the money to do so, then short of actually fixing the law, class action suits seem the only (legal) way forward. But proving that a significant enough portion of takedowns are illegal might be difficult.
- zachlipton 12y agoThere's an EFF fair use test case involving a YouTube takedown of a toddler bouncing around to a 29 second clip of a Prince song playing in the background: Lenz v. Universal. It was filed in 2007 and has yet to be resolved. The fact is that while section 512(f) of the DMCA provides consequences to misrepresentations by those making takedown requests, it is damned impossible to actually enforce that.