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Copyright Holders Punish Themselves With Crazy DMCA Takedowns

torrentfreak.com

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Re: Copyright Holders Punish Themselves With Crazy DMCA Takedowns

#11

Post by cowpewter »

jasonlingx wrote: post #10

Aren't DMCA takedowns notices made under penalty of perjury? Why are they being sent out in what seems to be an automated fashion without any proper review?

Because only the actual copyright holder of the content can counter-sue and most either don't have the resources to counter-sue or also work in the entertainment industry and are ultimately beholden to the same people sending the takedowns in the first place.

I can't wait for someone to finally start taking fraudulent DMCA takedowns to court.

Re: Copyright Holders Punish Themselves With Crazy DMCA Takedowns

#12

Post by blahedo »

tomflack wrote: post #9
grecy wrote: post #7

Earlier quoted context omitted.

Furthermore, when a request takes down a bunch of material because it's so broad, there should be an extremely steep fine for each item taken down that should not have been taken down.

Logarithmic scale for each item taken down incorrectly.

Or exponential? You want the steep cost if they do it a lot, not for someone who does it once in error. Logarithmic scale would decrease the fine for subsequent infractions.

Re: Copyright Holders Punish Themselves With Crazy DMCA Takedowns

#13

Post by tomflack »

blahedo wrote: post #12
tomflack wrote: post #9

Earlier quoted context omitted.

Logarithmic scale for each item taken down incorrectly.

Or exponential? You want the steep cost if they do it a lot , not for someone who does it once in error. Logarithmic scale would decrease the fine for subsequent infractions.

Yep, you're right and my post is asinine.

Re: Copyright Holders Punish Themselves With Crazy DMCA Takedowns

#14

Post by Karunamon »

cowpewter wrote: post #11
jasonlingx wrote: post #10

Aren't DMCA takedowns notices made under penalty of perjury? Why are they being sent out in what seems to be an automated fashion without any proper review?

Because only the actual copyright holder of the content can counter-sue and most either don't have the resources to counter-sue or also work in the entertainment industry and are ultimately beholden to the same people sending the takedowns in the first place. I can't wait for someone to finally start taking fraudulent DMCA takedowns to court.

Also, (please correct me if I'm wrong), another hurdle is that you must prove the notice was sent in bad faith - not an easy task.

Re: Copyright Holders Punish Themselves With Crazy DMCA Takedowns

#15

Post by Natsu »

jasonlingx wrote: post #10

Aren't DMCA takedowns notices made under penalty of perjury? Why are they being sent out in what seems to be an automated fashion without any proper review?

Only the part where you claim to represent some copyright holder is made under that penalty. So you can't claim to represent Sony when taking something down without getting into trouble. There is a "good faith" clause in the DMCA, but it just doesn't get litigated very often.

Re: Copyright Holders Punish Themselves With Crazy DMCA Takedowns

#16

Post by degenerate »

From the list of "Infringing URLs" for Wrath of the Titans at http://www.chillingeffects.org/notice.cgi?sID=291695:

17. http://www.imdb.com/title/tt1646987/

32. http://trailers.apple.com/trailers/wb/wrathofthetitans/

37. http://www.hulu.com/watch/344340/wrath-of-the-titans---clip-...

These copyright holders either have non-internet people doing their grunt work, or bots. I don't know which one makes them look dumber.

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