Author Topic: WB admits bogus DCMA claims.  (Read 1328 times)

0 Members and 1 Guest are viewing this topic.

Offline Askold

  • Definitely not hiding a dark secret.
  • Global Moderator
  • The Beast
  • *****
  • Posts: 8358
  • Gender: Male
WB admits bogus DCMA claims.
« on: November 19, 2013, 12:16:22 pm »
http://www.techdirt.com/articles/20131118/02152325272/warner-bros-admits-to-issuing-bogus-takedowns-gloats-to-court-how-theres-nothing-anyone-can-do-about-that.shtml

Basically, when issuin a DCMA you have to prove that you are representing the person/organisation you claim to represent, BUT you are allowed to lie about the material you claim to have the rights to. Or as the law talk was written:
Quote
But the DMCA expressly does not require the sender of a notice to certify under penalty of perjury that they have correctly identified the complained-of file as one of their works. A takedown notice’s “dentification of the copyrighted work claimed to have been infringed” is not made under penalty of perjury. 17 U.S.C. § 512(c)(3)(A)(ii). A statement under penalty of perjury, under the DMCA, applies only to the claim to represent the copyright owner of the specific right alleged to be infringed, i.e. instances in which a copyrighted work is identified by a notice and the issuer falsely claims to be the representative entitled to take down the work so identified. See 17 U.S.C. § 512(c)(3)(A)(vi).

So when the WB employees wanted to takedown some files from Hotfile, "because they were annoyed" they could claim that WB has the rights to those files, as long as they clearly state that they represent WB and don't lie about that (and having Warner Bros send a DCMA carries much more weight than, for example, my name.) but it does not matter wether those files actually belong to WB or not...

Obviously this is not what the law is intended to do but since there is no penalty for lying then it obviously means that lying is perfectly legal.

No matter what happens, no matter what my last words may end up being, I want everyone to claim that they were:
"If you strike me down, I shall become more powerful than you could possibly imagine."
Aww, you guys rock. :)  I feel the love... and the pitchforks and torches.  Tingly!

Offline Witchyjoshy

  • SHITLORD THUNDERBASTARD!!
  • Kakarot
  • ******
  • Posts: 9044
  • Gender: Male
  • Thinks he's a bard
Re: WB admits bogus DCMA claims.
« Reply #1 on: November 19, 2013, 01:16:23 pm »
Now this bullshit should be considered copyright violation.
Mockery of ideas you don't comprehend or understand is the surest mark of unintelligence.

Even the worst union is better than the best Walmart.

Caladur's Active Character Sheet

Offline Cerim Treascair

  • My Love Is Lunar
  • The Beast
  • *****
  • Posts: 3092
  • Gender: Male
  • Get me my arbalest... explosive bolts, please.
Re: WB admits bogus DCMA claims.
« Reply #2 on: November 19, 2013, 08:06:14 pm »
Now this bullshit should be considered copyright violation.

What needs to happen is they need to be sued.  There's gotta be a law out there for legal misrepresentation of property.
There is light and darkness in the world, to be sure.  However, there's no harm to be had in walking in the shade or shadows.

Formerly Priestling

"I don't give a fuck about race...I'm white, I'm American, but that shit don't matter.  I'm human."