2 ms·
(I am not a lawyer, but did read coverage of the SCO lawsuit extensively) Falsely claiming to hold copyright in a work to which you do not hold copyright may o
by ubernostrum 12y ago
(I am not a lawyer, but did read coverage of the SCO lawsuit extensively)
Falsely claiming to hold copyright in a work to which you do not hold copyright may open the possibility for slander of title (which was one of the claims in the SCO lawsuit).
I would be interested to see some sufficiently-deep-pocketed entity try to use that to turn an automated-DMCA-complaint house into a smoking hole in the ground, pour encourager les autres.
- dpifke 12y agoSlander of Title (as seen in the SCO case) is generally codified in state law (e.g. Nevada; see http://www.trucounsel.com/index.php/slander-of-title http://www.trucounsel.com/index.php/slander-of-title). Arguably there may be other causes of action, but for a lone a DMCA takedown notice sans any accompanying threats, I believe Federal law would preempt and you're stuck try to meet the bar of intentional malice or negligence. (IAANAL, but I listen to a lot of Jay-Z songs so I know a little bit.)
- otterley 12y agoIAAL (this is not legal advice), and I think you're correct about Federal preemption.