More Evidence That Tons Of DMCA Takedowns Are Bad News... And That People Are Afraid To Counternotice

Source: techdirt.com
Published: Apr 1, 2016
Author: Mike Masnick
Post Date: 2016-05-13 16:05:44 by Gatlin
Views: 4454

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#1: Gatlin    To: A K A Stone, Pinguinite, nolu chan, All (#0)

From the link:

[…]

As more and more comment filings to the Copyright Office about the DMCA process are being released, there's increasing evidence that the legacy entertainment industry's claims are, simply, full of shit. The latest is the excellent comment filed by Automattic …

[…]

Gatlin posted on 2016-05-13 16:14:45   Reply   Private Reply

#2: buckeroo    To: Gatlin (#1)

buckeroo posted on 2016-05-13 16:19:44   Reply   Private Reply

#3: nolu chan    To: Gatlin, A K A Stone, Pinguinite (#1)

As more and more comment filings to the Copyright Office about the DMCA process are being released, there's increasing evidence that the legacy entertainment industry's claims are, simply, full of shit.

Undoubtedly, many takedown requests are just crap. However, the person responsible (here A K A Stone) ignores the takedown request at his own peril.

If he personally lacks the ability to make a professional legal determination regarding whether a request meets the required legal standard, he can comply, consult a lawyer, or take his chances.

If his personal liability is not shielded via incorporation, the liability may extend to his personal assets.

In any case, the expense of litigation may be a determinative factor in whether to fight or not.

On one of the threads here very recently, I noticed some mention of the Nevada case where many bogus takedown requests were made. Stephens Media and the newspaper (The Las Vegas Review-Journal) did not do the deed directly, but there was a pretense of a seperate corporate entity (Righthaven LLC) that obtained the rights to legally pursue copyright claims for damages. It worked somewhat successfully as a shakedown against people with small sites who could not afford to litigate. Dizzy with their limited success, they branched out to FR, Drudge and DU et al. DU and others, aided by the Electronic Freedom Frontier (EFF) responded with a countersuit and crushed them.

For Righthaven, see: https://en.wikipedia.org/wiki/Righthaven

For more and case documents see: https://www.eff.org/cases/righthaven-v-dibiase

nolu chan posted on 2016-05-13 16:53:59   Reply   Private Reply

#4: Gatlin    To: buckeroo (#2)

Gatlin posted on 2016-05-13 16:55:30   Reply   Private Reply

#5: Gatlin    To: nolu chan (#3)

I kept up with Righthaven trial as it was happening.

Gatlin posted on 2016-05-13 17:02:59   Reply   Private Reply

#6: buckeroo    To: Gatlin, Kanary Klub Klan (#4)

buckeroo posted on 2016-05-13 20:56:08   Reply   Private Reply

#7: Gatlin    To: buckeroo (#6)

Gatlin posted on 2016-05-13 21:00:25   Reply   Private Reply

#8: buckeroo    To: Gatlin (#7)

buckeroo posted on 2016-05-13 21:04:33   Reply   Private Reply

#9: Gatlin    To: buckeroo (#8)

ROTFLAMO ...

Gatlin posted on 2016-05-13 21:11:27   Reply   Private Reply

#10: buckeroo    To: Gatlin (#9)

For a retired potatoe peeler that is all you can do.

buckeroo posted on 2016-05-13 21:15:14   Reply   Private Reply