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DMCA Copyright Complaint to Google

chillingeffects.org

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Re: DMCA Copyright Complaint to Google

#112

Post by dragonwriter »

MichaelGG wrote: post #110
otterley wrote: post #106

Earlier quoted context omitted.

If you intentionally file a false claim, you can be liable for damages under the Act. But that's not the same as perjury. See 17 U.S.C. 512(f).

I wonder how much due diligence Google puts into verifying DMCA notices beforehand. And if you wanted to do it "legit" you could create some works with search terms you wanna censor. So like, "Hotel Reservations in X", a photograph of a Ramada Inn. Then get these takedown firms to go spam notices like Wicked did here, and collateral damage ends up removing some of your competitors. Just seems rather abusable.

The DMCA is deliberately designed to discourage recipients of takedown notices for doing any verification beyond that the notices ate in the correct form before complying, since the safe harbor only applies when a proper (in form) notice is complied with and there is expressly no liability that can attach for complying with a formally correct notice that is substantively incorrect.

So I'd assume any due diligence is directed at formal correctness rather than substance as any other approach would have added cost to implement while increasing legal risk.

Re: DMCA Copyright Complaint to Google

#113

Post by frandroid »

akusete wrote: post #89
Natsu wrote: post #17

Earlier quoted context omitted.

Actually, this was sent by "Takedown Piracy LLC" working on behalf of Wickedpictures. They file DMCA notices by the truckload according to the results I get in Chilling Effect's search, so you can safely assume they're a DMCA notice spammer. Unfortunately, it does not list the individual lawyer who signed off on this complaint, or I would be tempted to draft a letter to their local bar association pointing out how ca…

Rule 34.

Oh, commit to me!

Re: DMCA Copyright Complaint to Google

#115

Post by AlyssaRowan »

nl wrote: post #78
Animats wrote: post #36

The 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?

It does not seem prima facie unreasonable to post a lawyer's professional address for process service.

Re: DMCA Copyright Complaint to Google

#116

Post by nl »

verroq wrote: post #108
nl wrote: post #102

Earlier quoted context omitted.

Are you arguing that it was difficult to find the responsible party, and that posting their address somehow helped that? What possible outcome are you hoping to achieve by doing this? Isn't this little more than a low level case of "dox"-ing someone you disagree with?

I like how these poor corporate entities are now the victims. >Isn't this little more than a low level case of "dox"-ing someone you disagree with? You might as well have said >Isn't this little more than a low level case of "dox"-ing someone that hurt your feelings But I digress. Given that various socially unacceptable activity on the internet are frequently punished by doxxing ( http://racistsgettingfired.tumblr.c…

So it's punishment. Got it.

Re: DMCA Copyright Complaint to Google

#117

Post by shakethemonkey »

sfeng wrote: post #23
shakethemonkey wrote: post #16

Earlier quoted context omitted.

Google should raise the bar for those who abuse the DMCA system like this. Maybe require submissions to be in writing, and notarized.

There's a very specific procedure they have to follow outlined in the DMCA law.

That's true, but there is no legal requirement that Google accept DMCA notices electronically.
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