Welcome to WebmasterWorld Guest from

Forum Moderators: rogerd & travelin cat

Message Too Old, No Replies

WordPress is clamping down on false DMCA takedowns

2:47 pm on Jun 16, 2014 (gmt 0)

Moderator This Forum from US 

WebmasterWorld Administrator travelin_cat is a WebmasterWorld Top Contributor of All Time 10+ Year Member

joined:Feb 28, 2004
votes: 2

“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 June 16, 2014 (gmt 0)

Moderator from US 

WebmasterWorld Administrator 5+ Year Member Top Contributors Of The Month

joined:Dec 27, 2006
votes: 48

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 June 16, 2014 (gmt 0)

Senior Member from US 

WebmasterWorld Senior Member lucy24 is a WebmasterWorld Top Contributor of All Time Top Contributors Of The Month

joined:Apr 9, 2011
votes: 244

:: 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 June 17, 2014 (gmt 0)

Senior Member from LK 

WebmasterWorld Senior Member 10+ Year Member Top Contributors Of The Month

joined:Nov 16, 2005
votes: 17

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.