[cc-community] An online place to post
cc at phizz.demon.co.uk
Wed Jun 18 20:22:47 EDT 2008
drew Roberts wrote:
> On Wednesday 18 June 2008 15:47:02 Lloyd wrote:
>> drew Roberts wrote:
>>> Despite this possible benefit, I would not like to see it unless... There
>>> were similar draconian penalties for getting a takedown notice wrong. Say
>>> a $30,000.00 fine and 5 years in jail for each one you get wrong.
>>> (Similar penalties to what we have here for possession of a knockoff CD
>>> or DVD if I get our shining new and improved laws.)
>> No one gets a DMCA notice wrong.
> If you say so. I can imagine some sending notices based on the results
> reported by scripts but perhaps I am deluded.
Take the Google Blogger requirements:
4. Include the following statement: "I have a good faith belief that use
of the copyrighted material described above on the allegedly infringing
web pages is not authorized by the copyright owner, its agent, or the law.".
5. Include the following statement: "I swear, under penalty of perjury,
that the information in the notification is accurate and that I am the
copyright owner or am authorized to act on behalf of the owner of an
exclusive right that is allegedly infringed."
Or the Yahoo! one:
5. a statement by you that you have a good faith belief that the
disputed use is not authorised by the copyright or intellectual property
owner, its agent, or the law; AND
6. a statement by you, that the above information in your notice is
accurate and that you are the copyright or intellectual property owner
or authorised to act on the copyright or intellectual property owner's
The DMCA is a legal instrument there are heavy sanctions against issuing
false or malicious ones. If someone is sending out DMCA notices when
they are neither the copyright owner, nor their agent, then sue their
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