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A comment on EFF’s Tweet About a DMCA Takedown Is Now Subject to an Overzealous Takedown. Parent comment

Re:EFF’s Tweet About a DMCA Takedown Is Now Subject to an Ov... by philpem on Monday April 15, 2019 @04:56AM (#19664044)
There's an "on penalty of perjury" clause in the law (if memory serves, it's part of a clause which must be present for a takedown notice to be valid). In practice, David often can't afford to sue Goliath.

I don't think I've heard of a single civil or criminal case under the DMCA's false notice provisions. It's effectively hot air.

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Re:EFF’s Tweet About a DMCA Takedown Is Now Subject to an Ov... by markx2 on Monday April 15, 2019 @06:05AM (#19664251)
https://www.theverge.com/2015/3/9/8175491/wordpress-automatt...
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Re:EFF’s Tweet About a DMCA Takedown Is Now Subject to an Ov... by morganvachon on Monday April 15, 2019 @07:49AM (#19664643)
Even if David could afford to sue Goliath, and even if he won, Goliath would just lobby for small changes to the law to further strip rights away from all the falsely accused Davids.

I'm not saying the little guy shouldn't sue; people should stand up for themselves whenever they are accused of wrongdoing, and especially when they know for a fact they are innocent. The problem is, even when suing and winning sets a precedent, the big players just move the goalposts again. There's never going to be an easy solution that satisfies both content creators and content consumers short of massive copyright reform and hard criminal instead of soft civil penalties for making bogus DMCA claims.

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Re:EFF’s Tweet About a DMCA Takedown Is Now Subject to an Ov... by kevin_thibedeau on Monday April 15, 2019 @12:07PM (#19666347)
You don't need DMCA provisions to sue for libel.
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Re:EFF’s Tweet About a DMCA Takedown Is Now Subject to an Ov... by philpem on Wednesday April 17, 2019 @08:26AM (#19681889)
But you do need deep pockets.
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Re:EFF’s Tweet About a DMCA Takedown Is Now Subject to an Ov... by belorn on Monday April 15, 2019 @08:01AM (#19664688)
If the DMCA allowed the accused to sue then I would assume EFF would do it.
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Re:EFF’s Tweet About a DMCA Takedown Is Now Subject to an Ov... by sokoloff on Monday April 15, 2019 @08:45AM (#19664876)
And I further suspect that the EFF would have or would be able to muster the resources to do so in a case like this.
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Re:EFF’s Tweet About a DMCA Takedown Is Now Subject to an Ov... by amyjess on Monday April 15, 2019 @12:15PM (#19666426)
Worse, perjury is a criminal offense, not a civil one. You can't sue for perjury; you have to convince a prosecutor to press charges.
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