In theory, you are liable. It's just difficult to actually enforce that because most people won't actually spend a fortune in legal fees hoping they'll win it back down the road.
Platform holders (Google for example) also generally refuse to give you information on the submitter, which means you can't chase them down in court even if you want to.
My understanding is Google will tell you that info as well as publish it to the Lumen database. If not, you can always subpoena Google for the exact info in court, it only adds a step.
> 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.
Perhaps not a "positive" story, but legit dmcas do happen from time to time and seem reasonable enough to me (or at least reasonable enough in a world with copyrights). For example look at this list of dmca notices against wikipedia that wmf actually thought were valid https://commons.wikimedia.org/wiki/Commons:Office_actions/DM... most of them seem reasonable enough to me. (IANAL) The problem is no effective oversig…
Another problem with the DMCA is that AFAIK, to file a counter notice, you must submit to the jurisdiction of USA courts. For instance, if Bob submits a DMCA takedown notice, and Alice successfully files a DMCA counter-notice, everything is back to how it was before the takedown, except that Alice is now under the jurisdiction of a USA court. That is, either Alice has to accept the takedown, or she has to accept to submit to a foreign country's jurisdiction, even if the original DMCA takedown notice was invalid.
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.
Also makes me wonder if people could DDOS an entire company with DMCA takedown requests. Someone should DDOS the web pages of all the American congresscritters and their campaigns and campaign contractors with DMCA notices. That's probably the only way this will get fixed.
> 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.
17 USC § 512(f), knowingly misrepresenting a DMCA takedown claim can result in liability for damage, attorneys fees, etc.
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.
17 USC § 512(f), knowingly misrepresenting a DMCA takedown claim can result in liability for damage, attorneys fees, etc.
Except I don't believe it ever has, even in egregious cases.
However, there is a pending test case attempting to give it some teeth. I expect it will be entertaining, no matter how it substantively turns out:
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.
Also makes me wonder if people could DDOS an entire company with DMCA takedown requests. Someone should DDOS the web pages of all the American congresscritters and their campaigns and campaign contractors with DMCA notices. That's probably the only way this will get fixed.
haha congress actually fixing a systemic issue in the US?
That thought made me laugh.
Platform holders (Google for example) also generally refuse to give you information on the submitter, which means you can't chase them down in court even if you want to.
My understanding is Google will tell you that info as well as publish it to the Lumen database. If not, you can always subpoena Google for the exact info in court, it only adds a step.
This is true (in my experience) for search results but not for the chrome web store. Sure, you could take Google to court if you have more money and time to waste...
Torrent Freak isn't the right one to ask about DMCA notices. They don't pirate themselves. They're careful about it. Where they get their money, I don't know. So of course all DMCA notices filed against them will be bogus. I'm actually waiting to hear more stories about abuse. When I look around, I see plenty of pirate sites and I'm all but certain they're not paying royalties to the artists. These sites aren't escap…
Once copyright lasts for a reasonable amount of time, then we can talk about making DMCA notices "more deadly". Copyright is a farce, it might as well be infinite in duration right now, because it magically extends when it starts running out on certain IPs.
My understanding is Google will tell you that info as well as publish it to the Lumen database. If not, you can always subpoena Google for the exact info in court, it only adds a step.
This is true (in my experience) for search results but not for the chrome web store. Sure, you could take Google to court if you have more money and time to waste...
You can submit a counter-notice, and if for some reason they didn't give you the required information I'd expect you could contact support and ask for it.
It seems to me that companies are now (and will be) relying on the long tail of their entertainment investments to justify the cost. Perhaps before it was easier to recoup the investment up front? What are the chances that these companies genuinely need this sort of draconian copyright law to remain profitable?
Keep in mind "all of" is less than 1 per month, for a site that reports on torrent news and statistics.
2019 was as big a year as any for box office returns and streaming subscription revenue. The only reason you see so many is it costs nothing to send and plenty of companies (as seen by this article) exist to cheaply blast them out via bot.