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> My opinion is, if a real person uses a bot and then makes these statements under penalty of perjury, then every time that bot makes a mistake we (the tech com
by paulgb 12y ago
> My opinion is, if a real person uses a bot and then makes these statements under penalty of perjury, then every time that bot makes a mistake we (the tech community) should be filing Amicus curiae
Has this ever been done successfully? I found an example in Disney v. Hotfile[1] but it was eventually settled out of court and not in Hotfile's favour.
An honest mistake shouldn't constitute perjury, but the shotgun approach is not acting in good faith.
[1] https://www.eff.org/cases/disney-v-hotfile https://www.eff.org/cases/disney-v-hotfile
- joshuak 12y agoYeah this doesn't seem to be done very often. I'm trying to encourage the behavior though because I often see that courts are easily confused by technical issues that are well understood by the community. This may or may not be such a case, but is calming your code is flawless under penalty of perjury an honest mistake?
- x0x0 12y agoto summarize: your argument conflicts with observed reality, but you're nonetheless doubling down on it find a case, even one, where there has been a significant penalty for incorrectly issuing a dmca request
- joshuak 12y agoI did not take a position one way or the other on incorrect takedown notices. I said it is my opinion that we as a technical community should try to help the court. Wether we have before, or wether it was successful or not, doesn't enter into it.