Re:Proctorio used DMCA to take down a student’s critical tweets
by dragonwriter on Thursday November 05, 2020 @08:24PM
(#25003937)
> Is there anything that prevents anyone receiving a DMCA take down letter from charging a fee if that request is found to be fraudulent, illegal or otherwise unwarranted
Yes, contract law. You could require affirmative consent to such terms before processing a takedown to get around that problem, but then, having presented a facially-valid takedown, you could just be sued for copyright infringement for any legitimate notice if the copyright owner didn't agree to the terms, because you'd have taken yourself outside the safe harbor.
Yes, contract law. You could require affirmative consent to such terms before processing a takedown to get around that problem, but then, having presented a facially-valid takedown, you could just be sued for copyright infringement for any legitimate notice if the copyright owner didn't agree to the terms, because you'd have taken yourself outside the safe harbor.