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I'm going to take a different tact on this comment. You're European, and I think you may have an overly inflated concept of what a DMCA notice is, hopefully thi
by burnte 12y ago
I'm going to take a different tact on this comment. You're European, and I think you may have an overly inflated concept of what a DMCA notice is, hopefully this will help.
The DMCA, or digital Millennium copyright Act, was a poorly written overhaul of US copyright law. It included some smart things, like "safe harbor" provisions for companies that simply provide a place where users can share content. These companies aren't actually copyright infringers under the DMCA, but in exchange for not being liable for user content, they have to comply in a timely manner with a complaint about copyright infringement. The complaint is in the form of a DMCA notice, or DMCA complaint.
A DMCA notice is simply a form that someone fills out and gives to a host complaining about something being hosted that was created by a third party. I record a TV show, put it on YouTube, the owner of the TV show sends a DMCA complaint to Youtube, Youtube suspends my video.
There are no judges, administrators, or even legal professionals involved (although the parties involved may use lawyers to create and reply to DMCA complaints). There is no government office involved, no DMCA institution. You or I could go to Youtube and fill out the DMCA complaint form against a specific video.
And there in lies your problem; any jerk can MAKE a DMCA complaint, and it doesn't have to be true, there's no prof required at this point. And the way DMCA noticed work, your stuff gets pulled. That's how the rules work, they complain, the host pulls it and notifies you, then you are granted the opportunity to respond. The good news is, the was the DMCA says it's supposed to work is that if you respond that the DMCA claim is false, then the content is supposed to be put back up fairly quickly.
I had someone incorrectly make a DMCA claim against a video I had on Youtube. the video came down, I replied that it was fair use, and the video went right back up, and no one has complained since.
This guy is going to make a DMCA claim, and you'll have to simply respond that he's wrong, and your content will go back up. If he insists he's still right, then he has to sue you, and THEN he has to show prof, and since he can't, he'll never sue you.
However, if he makes a bogus DMCA claim, you can sue him. http://targetlaw.com/consequences-of-filing-a-false-dmca-takedown-request http://targetlaw.com/consequences-of-filing-a-false-dmca-tak...
- adventured 12y agoExcellent summary of how the DMCA works.
- scrabble 12y agoIf the person who makes the request notifies you in advance, what's to prevent you from replying, "Well, if you do that, I'm going to file DMCA takedown requests for all of your content." ? Note: Just a question because the whole thing seems poorly thought out. Not actually advocating that as a solution.
- thedufer 12y agoBecause knowingly filing a false DMCA complaint opens you to lawsuits (and putting in writing that its a reactive complaint makes it pretty easy to prove). It may also constitute perjury, which is criminal. IANAL and all that.
- teh_klev 12y ago"knowingly filing a false DMCA complaint opens you to lawsuits" If you're under US jurisdiction.
- underwater 12y agoI've been in a similar situation to the original poster, except in my case the person accusing me followed through with the lawsuit. What I quickly learned was that knowing I was right (and having evidence to back me up) was one thing, but that proving that in court is a whole other matter. Evidence only matters at trial and litigating can cost tens of thousands of dollars. My lawyer said we could try and recover legal costs but of course even if you win those back there is no guarantee you can collect. As far as I'm aware it's only large corporations with deep pockets who've ever sued over false DMCA requests. The average person doesn't have any recourse.
- dm2 12y ago"Those injured by misrepresentations in DMCA takedown notices or counter-notices are entitled to bring suit and recover actual damages, as well as costs and attorney’s fees. 17 U.S.C § 512(f)" They should implement some sort of required mediation/arbitration, all this suing back and forth is such a waste of time and money, the lawyers must love it though.
- duskwuff 12y agoThe process you're referring to (bringing suit for misrepresentation in a DMCA takedown request) is not commonly invoked. It doesn't need optimization.