Re:GitHub repository for Sedgewick's Algorithms is taken down
by paledot on Tuesday May 04, 2021 @12:23AM
(#27034039)
Not quite. The counter-notice also includes that language, "I swear under penalty of perjury that the notice-giver is wrong". So there's no penalty for lying in the notice, but the same can't be said for the victim of the notice. What's more, you _can't_ counter-notice that your use of copyrighted material is protected by fair use - that has to be found in court, so hopefully you've got deep pockets.
DMCA is an awful law.
While I don’t know the relationship between this “investigator” and Pearson, the claim that Pearson is the owner or exclusive licensee of the books identified does not appear to be in dispute.
This does not appear to be a defect in the application of the penalty by the legal system but of what the penalty applies to under the relevant law.