How to respond to false DCMA take down complaint?

Answer

Christopher Nerney
Vote Up (24)

You can fight them in court, according to Kelly/Warner Internet Law & Defamation Practice:

 

"What many who abuse the DMCA system do not realize is that they can be sued and held civilly liable for the havoc they wreak by sending these fake notices.

 

"A perfect example of this is the case of Online Policy Group v. Diebold, Incorporated. Diebold made voting machines used in US elections. Online Policy Group was critical of Diebold’s machines, and released e-mail correspondence from the company that they had obtained onto the Internet. Diebold sent DMCA takedown requests to have access to the e-mails that Online Policy Group had posted online removed.

 

"Online Policy Group sued Diebold over the takedown requests, arguing that the Group had the legal right to publish the e-mails. A California court agreed with the Group and granted a request for summary judgment, after which Diebold settled with the Group to pay $125,000 for their monetary losses and legal fees. The case was just one of many which have been fought over unsubstantiated DMCA takedown requests.

 

"It is also important to remember that, even if someone is willing to risk these civil damages, there are also criminal sanctions available for false DMCA takedown request senders since the requests are sent under the penalty of perjury."

 

 

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