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Kind of sounds like some script hashed a "download" icon that's commonly used, and submitted a DMCA takedown claim. Or something along those lines. It's time f

Kind of sounds like some script hashed a "download" icon that's commonly used, and submitted a DMCA takedown claim. Or something along those lines. It's time for some teeth to be added to the DMCA to prevent abuses like this, at a minimum there should be penalties for obviously fraudulent claims like this one. edit: typo

300bps 12y ago
Exactly. If I write a script to find and download open source files available via BitTorrent and my script has a flaw in it that causes me to accidentally download copyrighted material can I just say, "Oops! Faulty script."? Not a chance. I'll still get sued and told that I am responsible for what my script does even if it was unintentional. Why then do copyright holders get a pass for their allegedly faulty scripts where they falsely claim under penalty of perjury that they own something they don't actually own?
- blfr 12y ago
  can I just say, "Oops! Faulty script."? Yes, probably. IANAL but otherwise no automated crawling service could exist and they clearly do.
- dangrossman 12y ago
  > Why then do copyright holders get a pass for their allegedly faulty scripts where they falsely claim under penalty of perjury that they own something they don't actually own Among other reasons, because they don't make such a claim under penalty of perjury. The only thing 17 USC 512 actually requires to be "under penalty of perjury" is the statement that you are acting on behalf of a copyright holder. Nothing else in the notice, including the list of alleged infringements, is part of that statement.
  - 300bps 12y ago
    You seem to be parroting the unproven legal arguments of one of the parties to a DMCA lawsuit. The statute is fairly clear in what is required: (vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. So if I send a DMCA takedown notice, I am stating under penalty of perjury that I have the right to submit the DMCA takedown for the property allegedly being infringed. It is quite clear. So if you send a DMCA takedown notice for something you don't have the right to - but claim you do - you have committed perjury.
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TehCorwiz 12y ago
From the complaint: "KIND OF WORK:music" I don't think it's an icon. ;)
- click170 12y ago
  I agree, but looking at the list of software, we know it's not exactly music either hehe.

300bps 12y ago

Exactly. If I write a script to find and download open source files available via BitTorrent and my script has a flaw in it that causes me to accidentally download copyrighted material can I just say, "Oops! Faulty script."? Not a chance. I'll still get sued and told that I am responsible for what my script does even if it was unintentional. Why then do copyright holders get a pass for their allegedly faulty scripts where they falsely claim under penalty of perjury that they own something they don't actually own?

blfr 12y ago
can I just say, "Oops! Faulty script."? Yes, probably. IANAL but otherwise no automated crawling service could exist and they clearly do.
dangrossman 12y ago
> Why then do copyright holders get a pass for their allegedly faulty scripts where they falsely claim under penalty of perjury that they own something they don't actually own Among other reasons, because they don't make such a claim under penalty of perjury. The only thing 17 USC 512 actually requires to be "under penalty of perjury" is the statement that you are acting on behalf of a copyright holder. Nothing else in the notice, including the list of alleged infringements, is part of that statement.
- 300bps 12y ago
  You seem to be parroting the unproven legal arguments of one of the parties to a DMCA lawsuit. The statute is fairly clear in what is required: (vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. So if I send a DMCA takedown notice, I am stating under penalty of perjury that I have the right to submit the DMCA takedown for the property allegedly being infringed. It is quite clear. So if you send a DMCA takedown notice for something you don't have the right to - but claim you do - you have committed perjury.
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TehCorwiz 12y ago

From the complaint: "KIND OF WORK:music" I don't think it's an icon. ;)

click170 12y ago
I agree, but looking at the list of software, we know it's not exactly music either hehe.