Leosghost - 5:51 pm on Nov 5, 2012 (gmt 0)
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 ?
It was a rhetorical question ;)..I knew the answer, and supplied it, in the following sentence..
there is absolutely no way at that they ( disincentives ) can be enforced..
possibly I should have added "if the DMCA was filed by someone or something, outside the USA..
But I thought that as the two sentences were joined, that you'd see I was referring to DMCAs filed from outside of the USA..
Whether the entity can be pursued for damages is besides the point. The claim can still be challenged and the content restored.
notice in my previous post I did specify that some false claims under DMCA could be made merely to have content or tweets temporarily removed..their possible subsequent re-instatement wouldn't matter as the desired result would have already been gained..
Kind of like the way "can spam" doesn't stop spammer..( and was watered down expressly so as not to stop them ) ..non public DMCAs being accepted for "take down" are a recipe for abuse..