Earlier quoted context omitted.
I've seen DMCAs take down GitHub repos where the code was a clean room reimplementations of proprietary software.
Would you happen to have links?
All DMCA notices filed against TorrentFreak in 2019 were bogus
61–70 of 71 posts
Re: All DMCA notices filed against TorrentFreak in 2019 were bogus
#62Earlier quoted context omitted.
> Also makes me wonder if people could DDOS an entire company with DMCA takedown requests. Fastest way to make change will probably be using their own game against them and have them lobby on your behalf
I'm sure that if normal people try to do this they will be charged with something generic as fraud.
I'd file a motion for summary judgement immediately on the basis that there has been no prosecution of the "victim" and similar for their identical behaviour.
Re: All DMCA notices filed against TorrentFreak in 2019 were bogus
#63Earlier quoted context omitted.
We've used DMCA to request GitHub takedown repos containing our proprietary software.
Funny example, every time I've had to do this GitHub refused to take down forks based on a bullshit argument that it's impossible to do even though you can just look for matching SHA hashes. I wonder if someone will dismantle them in court for that someday...
Send them a formal complaint, MS own them now, they would take this more seriously/their lawyers will tell them to.
Re: All DMCA notices filed against TorrentFreak in 2019 were bogus
#64> 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.
A lot of people believed DMCA was bad law, and the thin end of the wedge when it was passed.
Re: All DMCA notices filed against TorrentFreak in 2019 were bogus
#65Earlier quoted context omitted.
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.
Also the sites of their biggest corporate donors.
Someone with some russian friends and or russian VPNs, please do this. You won't face prosecution and it will really cause some change for the better!
Re: All DMCA notices filed against TorrentFreak in 2019 were bogus
#66Earlier quoted context omitted.
> Also makes me wonder if people could DDOS an entire company with DMCA takedown requests. Fastest way to make change will probably be using their own game against them and have them lobby on your behalf
I'm sure that if normal people try to do this they will be charged with something generic as fraud.
russian VPN or similar solves this
Re: All DMCA notices filed against TorrentFreak in 2019 were bogus
#67Earlier quoted context omitted.
Yeah, they omitted critical information and rejected my attempts to get the information. They also kept the extension down for a month. I contacted a lawyer about this but the costs would have been extravagant, so. You'll note how in that example, they provide lots of information on the party that filed the DMCA claim. That info is only provided to you if the DMCA notice actually included the info - Google will for s…
That's a different issue from Google not providing the actual notice. It shouldn't prevent you from filing a counternotice with whatever information was provided - did it?
It did because literally all I got was a name and a URL. I made multiple requests for the info and got nothing. It seems like they can probably get away with doing this unless you're a big company.
Re: All DMCA notices filed against TorrentFreak in 2019 were bogus
#68Earlier quoted context omitted.
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…
This one seems to be a reasonable use of DMCA: this is a logo that shouldn't exist, it's never used, but it's on Wikipedia and people are finding it there and attempting to use it for actual purposes, which is confusing. So BP issues a narrow DMCA for only this incorrect version of the logo, leaving all others untouched. https://foundation.wikimedia.org/wiki/Legal:DMCA_BP_logo
They claim that they did not create the incorrect logo and state that it was created by a third party. Doesn't that entirely invalidate their claim to own copyright over it?
Re: All DMCA notices filed against TorrentFreak in 2019 were bogus
#69Earlier quoted context omitted.
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.
A year ago, works started entering the public domain again. Today, another batch of works was added, including "Rhapsody in Blue".
Re: All DMCA notices filed against TorrentFreak in 2019 were bogus
#70Earlier quoted context omitted.
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.
Get people with zero assets to write the notice - maybe pay them $20