said by swintec: said by newster:
carries no monetary penalty to the company making the false claim.
i suppose there could be some monetary damages, or at the very least, some litigation if a rights owner has their work being removed due to false complaints. After all, removals are being done with the filer swearing under penalty of perjury BUT, as individuals, who has the time or money to do so?
I meant to say that the law does not impose statutory damages to the copyright owner (or hired representative) that makes erroneous DMCA removal requests, as the DMCA imposes on the party accused of hosting infringing material if it is not removed.
So without the benefit of statutory damages, the party hurt by a bogus copyright enforcement must prove actual damages, which is a far higher threshold of proof for (usually) a far lower settlement.
I've yet to see anyone ever going to court, even in the most egregious examples of over-zealous copyright enforcement, such as MediaDefender's DoS attack on Revision3's server which knocked it offline for several days.
The "swearing under penalty of perjury" only applies to whether a party is authorized to make the claim of owning the copyright (or representing the owner) and thereby making the claim "in good faith." It has absolutely nothing to do with whether or not the claim is accurate, as sloppy mistakes (no matter how careless) are not perjury violations. But since many of these complaints are processed entirely by bots, how could the law possibly penalize a computer for making a bad judgment, even if it were liable (which it is not of course)?
The main problem, in my opinion, lies in the law allowing a computer to make legal decisions. Hopefully this trend will be reversed before we descend into some kind of RoboCop like dystopia.
said by TOPDAWG:
so looks like everyone is removing those files.
Usenet itself is centered squarely in the copyright cartel's crosshairs right now, and every server will be hit sooner or later, so the only real difference between one NSP and another is how long it takes them to process DMCAs and remove the material.