All DMCA notices filed against TorrentFreak in 2019 were bogus

Post by bawolff » Tue, Dec 31, 2019, 7:26 PM UTC

aaronax wrote: post #15

JumpCrisscross wrote: post #13

Earlier quoted context omitted.

> The problem is no effective oversight. Laws without oversight are going to be obviously abused. Lots of laws are privately enforced. DMCA doesn't have to be different. If you file a false DMCA claim, even if unknowingly, you should be liable for damages. To the platform, for their cost in dealing with your B.S. An to the content owner, for their costs (including time and attorneys fees) and any lost or interrupted…

I believe similar ramifications should apply to the uploader in the case of a valid DMCA complaint to make this fair. There are some logistical issues with enforcing that. I admit that upfront as I don't think those are a fruitful topic if you wish to discuss my initial "belief."

Post by hanniabu » Tue, Dec 31, 2019, 7:50 PM UTC

komali2 wrote: post #22

masklinn wrote: post #10

Earlier quoted context omitted.

> AFAIK DMCA notices don't go through the courts. They're just sent to the site owner, who must comply or file a counter notice. I think you're mixing two things: * if a site owner receives a DMCA notice and believes the content is not infringing they can just do nothing and / or tell whoever sent it to get bent, sender may escalate to the courts * service providers which want to be protected under safe harbour must…

Lack of punishment for bad requests make me wonder if a valid business strategy is DMCAing competition at every turn. Also makes me wonder if people could DDOS an entire company with DMCA takedown requests.

Post by unlinked_dll » Tue, Dec 31, 2019, 7:52 PM UTC

jakear wrote: post #12

ChrisMarshallNY wrote: post #8

> Japanese company "유니콘미디어" That looks like Korean, to me (Unicorn Media) . DMCA seems to have been one of those things that we say "It seemed like such a good idea, at the time" after the fact. I'm certainly waiting to hear positive stories about it.

We've used DMCA to request GitHub takedown repos containing our proprietary software.

Post by reaperducer » Tue, Dec 31, 2019, 8:11 PM UTC

komali2 wrote: post #22

masklinn wrote: post #10

Earlier quoted context omitted.

> AFAIK DMCA notices don't go through the courts. They're just sent to the site owner, who must comply or file a counter notice. I think you're mixing two things: * if a site owner receives a DMCA notice and believes the content is not infringing they can just do nothing and / or tell whoever sent it to get bent, sender may escalate to the courts * service providers which want to be protected under safe harbour must…

Lack of punishment for bad requests make me wonder if a valid business strategy is DMCAing competition at every turn. Also makes me wonder if people could DDOS an entire company with DMCA takedown requests.

Post by gjs278 » Tue, Dec 31, 2019, 8:25 PM UTC

jakear wrote: post #24

gjs278 wrote: post #20

Earlier quoted context omitted.

what’s your software so I can find it and host a torrent of it?

It’s free to download.