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0 pointsporker13y ago0 comments

Is there any checking that the named submitter actually submitted it? Anything to prevent someone forging a DMCA? Daft to do no doubt, but still an option to damage a company.

0 comments

ryanpetrich13y ago

Penalty of perjury.

krichman13y ago

As posted a couple of days ago it seems like the only penalty of perjury matter is that you are the copyright holder or can legally represent the copyright holder.

I also don't see what would stop someone from sending thousands of DMCA takedowns from TOR or some anonymising VPN, laying waste to an entire website for 10 days.

lmm13y ago

You're also required to have a good faith belief that the content is actually infringing. Not easy to prove you're not, but it's something.

The EFF's "dancing baby" lawsuit is still going; if they win that will set a stronger precedent for forcing copyright owners to first consider fair use.

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asdfaoeu13y ago

You have to provide contact information any sane webhost is going to check the information is actually valid before taking down the content.

chii13y ago

perhaps dmca takedown notices should stipulate that the party should leave some identifying information, so they can be traced back. I suspect credit card info would be a good one.

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