[cc-community] An online place to post

Lloyd 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 
behalf.

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 
sorry ass.





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