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WordPress is clamping down on false DMCA takedowns
travelin cat

 2:47 pm on Jun 16, 2014 (gmt 0)

“Steiner’s fraudulent takedown notice forced WordPress to take down Hotham’s post under threat of losing the protection of the DMCA safe harbor,” WordPress argues.

“Steiner did not do this to protect any legitimate intellectual property interest, but in an attempt to censor Hotham’s lawful expression critical of Straight Pride UK. He forced WordPress to delete perfectly lawful content from its website. As a result, WordPress has suffered damage to its reputation,” the company adds.




 3:55 pm on Jun 16, 2014 (gmt 0)

I'd be surprised if the Court does not agree, it is written into the DMCA laws:
Section 512f: If it is determined that the copyright holder misrepresented its claim regarding the infringing material, the copyright holder then becomes liable to the person harmed for any damages that resulted from the improper removal of the material.
That information from [chillingeffects.org...]

 8:19 pm on Jun 16, 2014 (gmt 0)

:: detour to linked article, which tends to confirm impression generated by material quoted in first post ::

Rubbish. (This is a reference to WP's actions, not to the underlying principle.)


 6:40 am on Jun 17, 2014 (gmt 0)

The system works so long as copyright owners use this power in good faith.

Yes, that is a good idea, because no one ever abuses powers they are granted without oversight or penalty for misuse.

In theory, sending a deliberate fake DMA notice ("under penalty of perjury") is a criminal offence, but how many prosecutions have their been?

I seem to remember that previous attempts to prosecute over fake notices (mostly automated ones) have failed.

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