Leosghost - 4:01 pm on Nov 5, 2012 (gmt 0)
Methods for dealing with abusive DMCA filers is built into the DMCA. There are financial disincentives built into the law.
So ..how would those financial disincentives work if the person or company ( or even Government or ruler ) that made the false DMCA claim was/is based outside the USA ? ..there is absolutely no way at that they ( disincentives ) can be enforced..
And if the object of a false DMCA claim is only to have the content removed temporarily..? a hidden DMCA ( falsely claimed/ applied for ) ..will have it's desired effect , even if later the claim is found or proven to be false..
Think of the "can spam" act..
since it was passed ..( proir to which we all got spammed ) we now all get spammed ( just as much, if not more than before "can spam" ) all the time by companies saying that we can "opt out" ..of things and lists that they know full well, we were never opted into..
I get spammed by USA companies* ( whom I've never heard of ) telling me "here is the quote" I supposedly requested..and who end with "if you think you have received this in error, or if you no longer wish to receive messages from us ..opt out ( of what I was never opted into ) by clicking this link..
Hidden DMCAs are about as big a disincentive to DMCA abuse, as "can spam" was, to spam..
* They, or their agents spam me in English via emails on my French language domains..whereas even the 419 ers from Lagos ( or Côte d'Ivoire ) know to spam me in French on French language site's email addys..:)