Re:Flat UI DMCA Takedown
by tobyjsullivan on Friday March 08, 2013 @02:47PM
(#5345328)
> did they just take some random piece of work offline for 10-14 days without any consequence?
As stated, in this case it's very unlikely there would be any consequences because perjury convictions are rare. However, it's worth noting that if any individual made a habit of this behaviour (false DMCA takedowns) then the probability of facing a charge would likely escalate.
Someone taking actual legal action is pretty costly. If someone uses a DMCA takedown notice, and follows up with a lawsuit, then this process is working as intended, even if the claimant/plaintiff is in the wrong. Who is wrong, and who is right will be handled by the courts at this point.
The real danger is using the DMCA without filing a lawsuit. There are few penalties[3] for false claims, little cost and yet a big benefit to sending the takedown notice. The service provider has to comply, unlike with a C&D letter.
[1] http://en.wikipedia.org/wiki/Perjury
[2] Think someone posting a product prior to release. E.g. posting Windows 9 a week before the release date.
[3] Perjury is a serious penalty, but you're not punished until you're dragged to court over it (and convicted). Thus far, I don't believe anyone has been convicted of perjury over a false DMCA notice, despite some really egregious examples (e.g. one of the takedown notices sent to MegaUpload was for a "url" that was actually a paragraph of text containing something like 90+ words -- pretty obviously generated by an automated process, but signed off by a human).