All DMCA Notices Filed Against TorrentFreak in 2023 Were Bogus

Re:All DMCA Notices Filed Against TorrentFreak in 2023 Were ... by ryandrake on Monday January 01, 2024 @03:59PM (#38835290)

Along with the good suggestions by the other replies, let's also take into account actual DMCA takedown activity, and make sure we are not optimizing for an edge case. I would guess that "rich company spamming bogus notices" is far and away the most frequent case, followed maybe by "rich company filing legitimate notices" followed in the far distance by "small fry filing a legitimate notice." There are probably multiple orders of magnitude more bogus notices from companies than legit ones from small fries.

The DMCA is a weapon that mainly large, rich companies use to beat up mainly small, relatively powerless end-users. That's what needs to be corrected.

I'd also argue that a large portion of the US legal system is set up to facilitate this "big&rich beating up on small&poor" behavior, but that's a topic for a different day.

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Re:All DMCA Notices Filed Against TorrentFreak in 2023 Were ... by doctorpangloss on Monday January 01, 2024 @04:25PM (#38835490)

> I would guess that "rich company spamming bogus notices" is far and away the most frequent case, followed maybe by "rich company filing legitimate notices" followed in the far distance by "small fry filing a legitimate notice."

You are guessing wrong.

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Re:All DMCA Notices Filed Against TorrentFreak in 2023 Were ... by chipt4 on Monday January 01, 2024 @05:40PM (#38835976)

What an excellent rebuttal. Care to provide some sauce?

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Re:All DMCA Notices Filed Against TorrentFreak in 2023 Were ... by Spivak on Monday January 01, 2024 @05:49PM (#38836047)

"I think it's X with no evidence"

"I think it's Y with no evidence"

"Woah woah there, how dare you disagree with the groupthink, are you prepared to cite some sources?"

Why does X but not Y get to be presumed true until proven otherwise? Because we really want X to be true okayy.

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Re:All DMCA Notices Filed Against TorrentFreak in 2023 Were ... by albedoa on Monday January 01, 2024 @06:24PM (#38836266)

That is not how it went. The first person took a guess, and the second implied information that we don't have:

"I guess X"

"You are guessing wrong"

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Re:All DMCA Notices Filed Against TorrentFreak in 2023 Were ... by Qwertious on Monday January 01, 2024 @09:50PM (#38837496)

>Hitchens's razor is an epistemological razor that serves as a general rule for rejecting certain knowledge claims. It states "what can be asserted without evidence can also be dismissed without evidence."

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Re:All DMCA Notices Filed Against TorrentFreak in 2023 Were ... by albedoa on Tuesday January 02, 2024 @09:33AM (#38841970)

Yes! Now, what was asserted without evidence?

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Re:All DMCA Notices Filed Against TorrentFreak in 2023 Were ... by neilv on Monday January 01, 2024 @04:04PM (#38835335)

This sounds like the DMCA is solely a harm to mitigate?

Is using the DMCA to legitimately defend the copyrights of small-fries too much of an edge case?

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Re:All DMCA Notices Filed Against TorrentFreak in 2023 Were ... by ryandrake on Monday January 01, 2024 @04:07PM (#38835362)

I'm saying it should be measured to see, before proposing changes. I'd love to learn that a majority of DMCA notices are individual artists taking down legitimate infringement. Somehow I highly doubt that's the case.

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Re:All DMCA Notices Filed Against TorrentFreak in 2023 Were ... by neilv on Monday January 01, 2024 @04:14PM (#38835403)

I'm more idealistic about some things than the reality, and I like to think that US law doesn't do "customer support" like a well-known FAANG. (Where it's just good business to let some fraction of a percent of people be wrongly locked out of their accounts, rather than invest in covering those edge cases.)

https://en.wikipedia.org/wiki/File:EqualJusticeUnderLaw.jpg

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Re:All DMCA Notices Filed Against TorrentFreak in 2023 Were ... by thaumasiotes on Monday January 01, 2024 @07:18PM (#38836593)

Defending copyrights held by small fry is usually of negative value, which is why they do their best to give all the material away themselves. They want the exposure more.

The counterfactual to making an illicit copy of Thriller might conceivably be that you pay for an official copy. The counterfactual to making an illicit copy of Everybody Needs A Robot is not that you pay for an official copy. It's that you go do something else, which is worse for the artist.

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