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Re:The cesspool of the internet is to be found in a village ... by PartiallyTyped on Saturday April 03, 2021 @03:13PM (#26683827)
personal story:

I remember uploading a BF3 montage on YouTube some eons ago when it was all the rage, no copyrighted music or anything. I received a DMCA claim by some spanish tv/broadcasting company or something along those lines, totally unrelated to my content.

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The fact that DMCA claims can be issued with no human interaction and no repurcussions is beyond me. If anything, the hosting company should at least issue penalties on false claims.

Re:The cesspool of the internet is to be found in a village ... by azeirah on Saturday April 03, 2021 @04:27PM (#26684429)
Filing a false DMCA claim is perjury.

> A DMCA claim (or takedown) is when a copyright holder notifies a service provider that they have infringing material on their site/service. It is also known as a “Notification of Infringement”. For example, Twitch has these guidelines for submitting DMCA claims. Essentially it boils down to send in writing who you are, who is infringing your rights, how they’re doing it, and swear under penalty of perjury that you are telling the truth.

https://blog.pretzel.rocks/lets-take-a-minute-to-talk-about-...

Re:The cesspool of the internet is to be found in a village ... by maccard on Saturday April 03, 2021 @05:12PM (#26684790)
Has that ever been enforced, in any shape or form?
Re:The cesspool of the internet is to be found in a village ... by salawat on Saturday April 03, 2021 @05:42PM (#26684992)
You have to counterfile, but there's a poison pill in the regulation that by doing so you agree U.S. courts have jurisdiction, thereby nullifying any protections you have from being in another countries juridiction.

I mean, there is no getting around it if you want the countersuit to work and reflect poorly on the claimant, but you are agreeing to letting the U.S. have extra-territorial jurisdiction.

Re:The cesspool of the internet is to be found in a village ... by maccard on Saturday April 03, 2021 @06:30PM (#26685324)
If you're in the US then you're already under jurisdiction, right? Why wouldn't someone who is already under us jurisdiction try it?
Re:The cesspool of the internet is to be found in a village ... by alisonkisk on Saturday April 03, 2021 @07:27PM (#26685656)
Huh? If you aren't in the US you can ignore DMCA entirely.
Re:The cesspool of the internet is to be found in a village ... by aww_dang on Sunday April 04, 2021 @01:29AM (#26687121)
In practice most hosting companies will suspend your server until you remove whatever was claimed against.
Re:The cesspool of the internet is to be found in a village ... by JadeNB on Saturday April 03, 2021 @03:24PM (#26683924)
> If anything, the hosting company should at least issue penalties on false claims.

If penalties are issued by the hosting company, then they just won't be paid. Then you lose: there's no way to take all the non-paying offenders to court, and you can't ignore subsequent requests, so you wind up in the same situation as you're in now.

Instead, move the onus off the hosting company: if they receive from some entity a DMCA takedown that is believed to be false (according to whatever standards are applied to counterclaims), then no further takedown notices from that entity are required to be obeyed until the entity takes appropriate remedial action.

Re:The cesspool of the internet is to be found in a village ... by dragonwriter on Saturday April 03, 2021 @03:57PM (#26684208)
> if they receive from some entity a DMCA takedown that is believed to be false (according to whatever standards are applied to counterclaims)

There are no standards for counterclaims except format standards. All a counterclaim does is permit undoing a takedown without the provider being liable, transferring determination of who is right to litigation between the purported copyright owner and the content uploader with the host fully immunized.