reply to newster
Re: Astraweb automates DMCA removals No there are penalties for mistaken claims. Also in your quote, "A statement that the information in the notification is accurate, and under penalty of perjury", tells it all right there. If the information is NOT accurate to begin with, then the copyright holder or authorized proxy to issue one in their behalf can be held liable.
(v) refers to not filing the claim in good faith but to the fact that the claim, filed by the holder, is believed to be an unauthorized use of the his or her's copyright.
(vi) refers to that the claim is to be accurate and that the party is indeed authorized to act on the copyright owners behalf.
But don't believe me, per the DMCA itself:
In order to protect against the possibility of erroneous or fraudulent
notifications, certain safeguards are built into section 512
quote:Safe guards were put in place to prevent abuse especially the part where it says,
Penalties are provided for knowing material misrepresentations in either a
notice or a counter notice. Any person who knowingly materially misrepresents that
material is infringing, or that it was removed or blocked through mistake or misidentification, is liable for any resulting damages (including costs and attorneys’ fees) incurred
by the alleged infringer, the copyright owner or its licensee, or the service provider.
quote:In other words, an Agent checks the validity of the claim and could, if the submission was error, file a counter notice.
Under the notice and takedown procedure, a copyright
owner submits a notification under penalty of perjury, including a list of specified
elements, to the service provider’s designated agent.
Like I said, with these automatic DMCA take downs, they are not following the guidelines set forth in section 512 C.