There should be harsh penalties against wrongfully filed DMCA's, did they Google Search a keyword then blanket filed a ton of URL's?
DMCA Copyright Complaint to Google
71–80 of 168 posts
Re: DMCA Copyright Complaint to Google
#72Presumably, Takedown Piracy LLC and their client would have to have signed the Sworn Statements on Google's DMCA page [0]: I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law. The information in this notification is accurate and I swear, under penalty of perjury, that I am the copyright owner or am aut…
You actually can take them to court over false notices. But that takes time and money most projects don't have. If Github has the cash sitting around they could sick their lawyers on them for some laughs.
One of those projects seem to be related to rust and I don't think mozilla is a bit player.
Re: DMCA Copyright Complaint to Google
#73Earlier quoted context omitted.
there really should be a penalty for issuing illegitimate dmca takedowns (beyond some reasonably number - so you don't get scared to do it).
17 U.S. Code § 512(f) Misrepresentations.— Any person who knowingly materially misrepresents under this section— (1) that material or activity is infringing, or (2) that material or activity was removed or disabled by mistake or misidentification, shall be liable for any damages, including costs and attorneys’ fees, incurred by the alleged infringer, by any copyright owner or copyright owner’s authorized licensee, or…
The standard is one of actual knowledge -- so it's really difficult to enforce when a computer program is most likely generating the lists, and probably not being reviewed in detail.
Re: DMCA Copyright Complaint to Google
#74Presumably, Takedown Piracy LLC and their client would have to have signed the Sworn Statements on Google's DMCA page [0]: I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law. The information in this notification is accurate and I swear, under penalty of perjury, that I am the copyright owner or am aut…
You actually can take them to court over false notices. But that takes time and money most projects don't have. If Github has the cash sitting around they could sick their lawyers on them for some laughs.
A lawyer could make quite a bundle by taking these lawsuits on commission, ambulance chasing / patent troll style.
After securing power of attorney from actual owner, mail form letters requesting immediate withdrawal of dmca and payment of a "small settlement" for the damages caused by it.
Heck, maybe the EFF could get a bunch of junior lawyers on this, it would likely pay by itself.
Re: DMCA Copyright Complaint to Google
#75Earlier quoted context omitted.
(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 enco…
Slander 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 ). 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 son…
IAAL (this is not legal advice), and I think you're correct about Federal preemption.
Re: DMCA Copyright Complaint to Google
#76Wow, I'm not familiar with this film studio, but this is a terrible move on their part. I don't go to the movies much anyway, but I'm gonna try to avoid paying for any of their films, and I urge everyone who cares about an open internet to do the same.
Re: DMCA Copyright Complaint to Google
#77If you send bogus DMCA takedown notices, and this qualifies as one, there can be legal consequences. The DMCA requires: "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." Whoops! This particular list of "infringing" URLs wasn't actually, well, accurat…
> Note that this situation probably won't get that far. That's because the DMCA doesn't require Google or any other provider to comply with bogus takedown notices. And Google happens to have some smart attorneys (at least one ex-EFF lawyer, in fact) on its payroll who are well aware of that fact. Google removed all URLs except 3: http://www.google.com/transparencyreport/removals/copyright/... In other words, Google i…
Considering that they get requests for something like 8 million URLs to be removed every week, your ire seems a bit misdirected.
Safe harbor has enabled the modern web in many ways, but the DMCA takedown process is still heavily, heavily weighted toward the claimants.
It looks more like the URLs not taken down were mostly malformed or duplicates of earlier claims and they took action on the rest. Purposefully not acting on DMCA complaints due to obviously bogus takedown notices doesn't happen very often because you generally have to be really sure of what you're doing. Hard to do that when you have 8 million URLs to sift through to find the problematic ones.
Re: DMCA Copyright Complaint to Google
#78The DMCA notice came from TAKEDOWN PIRACY LLC CA Entity Number: 201034110080 Date Filed: 10/13/2010 Address given to the California Secretary of State's office is: 8045 RETRIEVER AVE LAS VEGAS NV 89147 There is a house at that address. Clark County records ( http://clarkcountydata.com/property/id/iHcTS5Q5V ) show the owners as Clifft Jeremiah J 50% Allegrucci Stephanie L 50% The owners do business as a law firm, Clif…
I'm sorry, and perhaps I'm missing something.
Why is it necessary to post the lawyer's address and point out that it appears to be their home too?
Re: DMCA Copyright Complaint to Google
#79I posted this in #rust because I was having trouble with rustc and targets. Thanks for posting this!
I must say though. This was unnoticed for a week if I first reported this!
https://botbot.me/mozilla/rust/2015-01-07/?msg=28933399&page...
Re: DMCA Copyright Complaint to Google
#80One of my projects is on this list. #95 - https://github.com/wearefractal/glob-watcher
Just a small Javascript module I wrote to power gulpjs (http://gulpjs.com). This system is totally broken.