91–100 of 139 posts
Does Google use GEMINI to handle these? The thing that stands out to me isn't even the fake identity or the fake country. It's that the incentives are completely backwards. Submitting a bogus DMCA is basically free. Google's cheapest option is to comply first and sort it out later. Meanwhile the person who did nothing wrong has to spend hours (or money) fixing it. That's a system where every incentive points toward a…
Does Google use GEMINI to handle these? The thing that stands out to me isn't even the fake identity or the fake country. It's that the incentives are completely backwards. Submitting a bogus DMCA is basically free. Google's cheapest option is to comply first and sort it out later. Meanwhile the person who did nothing wrong has to spend hours (or money) fixing it. That's a system where every incentive points toward a…
I still have no clue how the foundry pattern is called in my native language.
Ah, yes, you know someone's desperate when you see a bogus DMCA claim like this. Not the first time this happened and definitely won't be the last. This also demonstrates why it is bad for a law to mandate private entities to do moderation, in this case taking down copyright infringement materials when reported. Google, like basically all big platforms, doesn't care if a claim is fraudulent because the parties impact…
> I think a more sane approach would to require every copyright takedown to require a court order. In a country with an efficient legal system, maybe… Requiring the claimant to put something at stake (make it a nominal deposit you get back in case of either no challenge or the case actually going to court) seems more realistic, but I’m not holding my breath for a reform of the law to that extent.
Earlier quoted context omitted.
The onus is on the DMCA processor to verify the legitimacy of the claim. I don't have a real solution, but Congress created the problem and should solve it. There's of course a whole legal system that has been dealing with this since for ever. If I were to implement it myself, I'd use a third party service like those that can verify passports and driver's licenses and so on.
No they don't. The onus on them is to comply with the takedown request and provide for immediate restoration with a counter-notice. If the initiator is acting in bad faith it will be exposed if they attempt to litigate. The friction free restoration flow is what Google is missing because they don't actually follow the DMCA process. Amend the law to strip safe harbor immunity in this scenario and suddenly we'd see abu…
Just as there are SEO firms that help companies ascend the rankings, there are "reputation management" firms that erase bad news by publishing new articles & by pushing takedown requests on articles they don't like. As with SEO, Google appears to tacitly encourage this. It seems obvious that there should be a review process for takedown requests, with penalties for frivolous requests. (Up to and perhaps including law…
Earlier quoted context omitted.
This is another problem with letting private entities be the arbitrator. How is Google supposed to know if Ellie Piee is a real person? It can ask for ID verification of course, but these can be faked, and when that happens there is little Google can do to hold the claimant accountable. A court will certainly have an easier time verifying the identity of the claimant and take action when fraud occurs.
> How is Google supposed to know if Ellie Piee is a real person? That doesn't really matter. Anyway it's silly to question whether Google, a multi-trillion dollar company, can validate someone's ID when they already do it in many other aspects of their business. But is Google treating some claims different from others? Are Ellie Piee's claim against Gergely Orosz's article, and the latter's appeal treated exactly the…
There's also the asymmetry of "you don't need to supply ID to make a DMCA claim, but you will to appeal it", which people can and have used to discover identities for more harassment.
Earlier quoted context omitted.
Claimants put something at stake: false DMCA takedowns are under prejury laws which carry prison sentences. I doubt this is really a DMCA case though. DMCA laws exist, but to invoke them requires some specific steps which Google prefers you skip. The fact that this probably isn't DMCA may leave Google open to being sued, but you would have to see a lawyer - be prepared to spend several million dollars to win a few th…
Has the US ever opened a single DMCA perjury case against anyone?
DMCA notices are meant to be submitted "under penalty of perjury", and false notices could in theory result in civil action being taken against those who send them. In practice, neither of these occur even if the sender is a real person, like a record company lawyer lending their name to complaint that are entirely computer generated, or, in this as in so many cases, a completely fabricated identity. Requiring verifi…
We got told by the 9th circuit that false claims submitted under penalty of perjury are actually just "opinions" not capable of being proven true or false. https://law.justia.com/cases/federal/appellate-courts/ca9/22...
Creator's rights need to be safeguarded but the DMCA gives legal weight to people without legal training and when they fuck it up (accidentally or intentionally) they get the no-consequence "but it's just, like, your opinion, man, and no-one expects you to be a lawyer".
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1)The legal system is not fast. 2) which jurisdiction should have the right to ask the judge to take down the material?
This could be like warrants and judicial overview. Warrants are not slow. This is only a gatekeep on "does this make any sense". And of course, the cost of the court system/overview/etc could be born by judgments against those found actually guilty.
Well, they would be if you needed one for every DMCA takedown.
DMCA notices are meant to be submitted "under penalty of perjury", and false notices could in theory result in civil action being taken against those who send them. In practice, neither of these occur even if the sender is a real person, like a record company lawyer lending their name to complaint that are entirely computer generated, or, in this as in so many cases, a completely fabricated identity. Requiring verifi…
https://law.stackexchange.com/questions/51541/has-anyone-bee...