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Is there any sort of "frivolous claims" counter one can make for bad DMCA requests? Perhaps some sort of exponential backoff for companies who submit requests w
by rocky1138 12y ago
Is there any sort of "frivolous claims" counter one can make for bad DMCA requests? Perhaps some sort of exponential backoff for companies who submit requests which are found to be bad, e.g.,
* 1 bad DMCA take-down, no action.
* 2 bad DMCA take-downs, 1 month until future DMCA take-downs accepted.
* 3 bad DMCA take-downs, 2 months...
- lugg 12y agoSounds like a fix for a symptom not the root problem. Reading about DMCA makes me feel sick to my stomach. Scrap the lot, the resulting mess would probably be less awful than what we have now.
- MereInterest 12y agoIANAL, so take everything I say with a truck of salt. The DMCA requires that each takedown notice is made under penalty of perjury. However, the statement is "I believe that this work infringes on my copyright." rather than "This work infringes on my copyright." So long as the person issuing the takedown notice believes that it is valid, there are no consequences.
- monocasa 12y agoOstensibly DMCA claims are made under threat of perjury which is supposed to be the check and balance. That being said I can't think of a single case of that portion of the law being enforced. Unfortunately if a group were to take the action that you suggest, they would forfeit their safe harbor and be able to be sued just as had as the original "infringer". You don't get hardly any leeway in responding to DMCA requests.
- seanflyon 12y agoI don't think perjury is an enforceable solution because there is no way to prove that you knew that the claim was invalid. "It seems I was mistaken" or "I disagree with the court's decision" is an iron-clad defense.