Can a foreign entity file a DMCA complaint against a US-based site?
is there a penatly for them for filing a false claim?
4:28 pm on Dec 2, 2013 (gmt 0)
Can a foreign company file a DMCA claim with a US based hosting company against a US based website?
If yes, then what if they file a false claim? There is no way to make them responsible for it.
I tried searching online, but all I saw were discussions about taking down foreign infringers.
And I'm interested in what happens if a foreign entity makes a false DMCA complaint.
4:45 pm on Dec 2, 2013 (gmt 0)
I am neither a lawyer or DMCA expert, but I don't see how filing a false DMCA claim with a US hosting company has a direct penalty associated with it, regardless of the country of origin. There may be something in the DMCA fine print, but it's unlikely there's a battalion of government lawyers eager to take action against claim-filers.
Most copyright issues aren't all that clear-cut, so defining "false" vs. "inaccurate" or "not provable by the facts" could be tricky. And hosting companies are businesses, not government agencies with enforcement powers.
Most of the legal issues, it seems, would be battled out in civil courts. A company whose site was removed based on a false claim might have legal recourse against both the company that initiated the claim and the hosting company that acted on it in a negligent manner. Realistically, pursuing that kind of action probably wouldn't make financial sense in most cases.
Perhaps another WebmasterWorld member has a more informed legal insight based on their own experience.
5:07 pm on Dec 2, 2013 (gmt 0)
but I don't see how filing a false DMCA claim with a US hosting company has a direct penalty associated with it
It is my understanding that if you materially misrepresent facts when filing a DMCA, then you might be held liable.
But when a foreign entity does it, they are not under the US jurisdiction.
So it seems that nothing stops a foreign entity from filing a false DMCA claim (misrepresenting whatever they want) and not risk anything.
While the US based "defendant" might suffer termination of service, loss of profit, among other things.