Re:Sony VP Files Bogus DMCA Notice Because His Salary Is Lis...
by dragonwriter on Wednesday July 13, 2016 @02:15PM
(#12088404)
> knowingly filing a false DMCA notice is perjury
Not entirely true; one of the things that has been frequently criticized about the DMCA notice process is that the only part of the DMCA "takedown" notice that is under penalty of perjury is the statement "that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed." None of the rest of the material in the notice, notably including the identification of the allegedly infringing material or the statement of "good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law" is under penalty of perjury.
Re:Sony VP Files Bogus DMCA Notice Because His Salary Is Lis...
by hasteur on Wednesday July 13, 2016 @02:09PM
(#12088352)
Found the State Bar of California website, found Yankelvits' membership profile (http://members.calbar.ca.gov/fal/Member/Detail/155676 who the hell uses a Yahoo email account any more), sent off a contact us form asking the bar to open an investigation into the member so that they can see if other fradulent DMCA notices have gone out.
Not entirely true; one of the things that has been frequently criticized about the DMCA notice process is that the only part of the DMCA "takedown" notice that is under penalty of perjury is the statement "that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed." None of the rest of the material in the notice, notably including the identification of the allegedly infringing material or the statement of "good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law" is under penalty of perjury.
See 17 U.S.C. Sec. 512(c)(3)(A)