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Originally Posted by Ryozu  So what's the requirements for a DMCA Takedown notice again?
You just.. file one?
How well is the authenticity verified? Who judges what is an actual takedown notice or someone forging one against a legit business?
let's get some DMCA 101 in here... Prove to me I couldn't ruin your day if LL simply deleted all assets completely on receipt of a DMCA notice? |
You're right unfortunately, there is room for abuse. LL is not obligated nor required to verify a takedown notice. In fact they really can't. They get one, they have to comply.
However, if I have a notice filed on me for the purposes of fucking with my stuff, and not because I've infringed anyone, I can counter file. And there are incredibly high civil penalties for filing false notices. Cris can attest to this directly, as
an asshole DMCA'd his and several other sites in 2006 because they were using a photo of him from a FOX news broadcast and he couldn't handle negative commentary. He claimed he owned the copyright on the photo (he didn't) and got the shit sued out of him in return for abusing the DMCA.
So the way it works is I DMCA your shit. LL is obligated to immediately take it down, let you know that it was taken down because of a DMCA, and give you timely notice to counter file if you choose. There are penalties for counter filing if you don't have copyright as well. While it can be used to abuse someone just because you don't like them, there are penalties for doing so that extend into real world law.