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Lack of punishment for bad requests make me wonder if a valid business strategy is DMCAing competition at every turn.

Also makes me wonder if people could DDOS an entire company with DMCA takedown requests.




Also makes me wonder if people could DDOS an entire company with DMCA takedown requests.

Someone should DDOS the web pages of all the American congresscritters and their campaigns and campaign contractors with DMCA notices. That's probably the only way this will get fixed.


Also the sites of their biggest corporate donors.


Someone with some russian friends and or russian VPNs, please do this. You won't face prosecution and it will really cause some change for the better!


You could try. File a few DMCA notices for Disney's top content to their CDN and cloud/datacenter providers. I guess they won't take it down.


17 USC § 512(f), knowingly misrepresenting a DMCA takedown claim can result in liability for damage, attorneys fees, etc.


Except I don't believe it ever has, even in egregious cases.

However, there is a pending test case attempting to give it some teeth. I expect it will be entertaining, no matter how it substantively turns out:

https://www.popehat.com/2019/12/13/randazza-confederates-dou...


Lenz v Universal was fought over this, and has opened the floodgates for these claims. Copyright holders cannot just blanket issue DMCA takedowns without evaluating the supposedly infringing content, including consideration of fair use.

While it’s not an easy case to win, it has teeth - unfortunately they are limited to ACTUAL damages, which does give companies incentive to file misrepresented claims as one cannot easily hire a contingent attorney without the possibility of a statutory windfall.


Yeah, very few enforcements, indeed.

This was the first successful 512(f) verdict back in 2004, though it may still stand nearly alone, and did not yield enough in damages to affect megacorp behavior in the absence of a huge flurry of such lawsuits: https://en.m.wikipedia.org/wiki/Online_Policy_Group_v._Diebo....


No individual will ever pursue this in court because of the cost in time and money and the risk of being declared liable anyway. Corporations with legal departments are certainly capable of pursuing this against individuals.

There's a significant power imbalance here.


Get people with zero assets to write the notice - maybe pay them $20


Probably not a good idea. Our f'd-up legal system would garnish their wages for the rest of their life to pay back the corporate attorneys.


> Also makes me wonder if people could DDOS an entire company with DMCA takedown requests.

Fastest way to make change will probably be using their own game against them and have them lobby on your behalf


I'm sure that if normal people try to do this they will be charged with something generic as fraud.


russian VPN or similar solves this


For a specific example, you can definitely take a company's products off the Chrome Web Store for multiple weeks with a forged DMCA request. Of course, if your company relies on Google to make money you should be expecting this to happen already... Whether you could effectively do this against other marketplaces like the iOS or Android app stores is an interesting question. I suspect those are run better but they'd still have to honor the takedown.




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