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0 pointszamalek5y ago0 comments

> GitHub will establish and donate $1M

What is really needed is a "counter-DCMA troll." So far as I understand DCMA, legal fees can be collected for a successful counter-claim.

With the rife DCMA fraud these days, someone could make a pretty penny. DCMA has provisions for claim fraud, it simply requires attorneys to creatively weaponize it (which unfortunately doesn't apply to YouTube, because their process is not DCMA/legal).

0 comments

Karunamon5y ago

As I understand it, DMCA claim fraud requires legally proving bad faith, which is a quite high bar to clear.

There are no provisions for negligence (which is what most of these claims probably amount to - you could even make a good argument for depraved indifference, but there are no provisions for that either) or mistakes, it has to be intentionally fraudulent. Even if it was a completely BS takedown, you're left with proving malice rather than error.

morganvachon5y ago

> "Even if it was a completely BS takedown, you're left with proving malice rather than error."

True, but making the same "errors" over and over and over again without regard for the consequences starts to smell fishy after a while, almost like intimidation or a protection racket.

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