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All DMCA notices filed against TorrentFreak in 2019 were bogus

torrentfreak.com

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Re: All DMCA notices filed against TorrentFreak in 2019 were bogus

#11

Post by bawolff »

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.

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 oversight. Laws without oversight are going to be obviously abused. The DMCA is like if police were responsible to ensure their own warrents are valid.

Re: All DMCA notices filed against TorrentFreak in 2019 were bogus

#12

Post by jakear »

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.

Re: All DMCA notices filed against TorrentFreak in 2019 were bogus

#13

Post by JumpCrisscross »

bawolff wrote: post #11
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.

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…

> 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 revenue.

I'd also make such judgements eligible for summary judgment, provided the damages are less than e.g. $25,000.

Re: All DMCA notices filed against TorrentFreak in 2019 were bogus

#14

Post by xhkkffbf »

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.

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 escaping because they're obeying the law, they're escaping because prosecution is so difficult. It's hard to file the right DMCA notices because the sites are such fly-by-night operations.

My guess is that the DMCA doesn't go far enough. I'm all for giving people more rights to fight back against phony DMCA notices. If Torrent Freak wants some treble damages for filing a fake one, I'm all for it. But in return I would like the ability to file quick and deadly DMCA notices on the real pirates.

Re: All DMCA notices filed against TorrentFreak in 2019 were bogus

#15

Post by aaronax »

JumpCrisscross wrote: post #13
bawolff wrote: post #11

Earlier 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…

> 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."

Re: All DMCA notices filed against TorrentFreak in 2019 were bogus

#16

Post by Mirioron »

xhkkffbf wrote: post #14
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.

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.

Re: All DMCA notices filed against TorrentFreak in 2019 were bogus

#17

Post by trevyn »

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.

The positive story is that it safe harbored service providers.

Re: All DMCA notices filed against TorrentFreak in 2019 were bogus

#18

Post by riddlemethat »

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.

I know entrepreneurs who have used them to take down phishing sites that mimic real corporate websites and feature the photos of those involved in running the legit company.

Re: All DMCA notices filed against TorrentFreak in 2019 were bogus

#19

Post by JumpCrisscross »

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."

> similar ramifications should apply to the uploader in the case of a valid DMCA complaint to make this fair

They do. They're the penalties for copyright infringement. DMCA provides a quick takedown mechanism; other copyright law lifts the rest.

Re: All DMCA notices filed against TorrentFreak in 2019 were bogus

#20

Post by gjs278 »

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.

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