• jonne@infosec.pub
    link
    fedilink
    English
    arrow-up
    31
    ·
    1 年前

    The issue is that nobody at the justice department seems to be interested in pursuing perjury, which is what filing a fake DMCA claim would be punished as.

    • OhNoMoreLemmy@lemmy.ml
      link
      fedilink
      English
      arrow-up
      9
      ·
      1 年前

      It’s difficult. Perjury requires intent. If a badly trained employee in a hurry makes a mistake that’s not perjury.

      This means it’s legal, under the current law, to badly train your employees and to set them quotas for the amount of DMCA takedowns they have to serve.

      They’re not intentionally making false statements.

      To stop this, you need to create new explicit penalties for bad takedown requests.

      • jonne@infosec.pub
        link
        fedilink
        English
        arrow-up
        13
        arrow-down
        1
        ·
        1 年前

        There’s plenty of examples of companies intentionally filling DMCA claims to screw competitors. As far as I know nobody’s ever seen any consequences for this. The law is broken when there’s no actual punishment for abuse.

      • Quasari@programming.dev
        link
        fedilink
        English
        arrow-up
        9
        arrow-down
        1
        ·
        1 年前

        If it’s repeated offenses like the example in the article, it’s a little harder to prove it wasn’t intentional.

        • Carighan Maconar@lemmy.world
          link
          fedilink
          English
          arrow-up
          2
          ·
          1 年前

          I think the problem is that it shows irresponsibility, however the law requires intent. That’s sadly - or well, I suppose overall it’s a good thing! - a very different beast on a legal level.

    • Obinice@lemmy.world
      link
      fedilink
      English
      arrow-up
      4
      ·
      1 年前

      Don’t tell me this DMCA thing is just a broken USA thing that the rest of us are forced to endure?

      I thought, being as it affects the entire globe’s internet community so gigantically, it would be a legal framework agreed upon internationally.

      If it’s just some thing the Americans made up and fucked up implementing and that’s why creators in my country and around the world suffer, that’s shite.

      • jonne@infosec.pub
        link
        fedilink
        English
        arrow-up
        4
        ·
        1 年前

        It’s a US law that basically any internet company just follows (or they implemented internal processes that just follow its guidelines where you don’t even need to file an actual official DMCA request).