tag:blogger.com,1999:blog-15479871.post8830608673308268615..comments2024-03-22T03:28:24.897-04:00Comments on Recording Industry vs The People: Motion to dismiss complaint denied in case against Universal Music over misrepresentation in DMCA noticeraybeckermanhttp://www.blogger.com/profile/11063235302436280455noreply@blogger.comBlogger4125tag:blogger.com,1999:blog-15479871.post-65948855257796312472008-08-22T02:39:00.000-04:002008-08-22T02:39:00.000-04:00Ah, some good news at last! This week's been hurt...Ah, some good news at last! This week's been hurting for it.<BR/><BR/>DMCA notice mills -- which, just like commercial spam operations, spider for targets, send partially or fully automated notices, and repeatedly target the same content <A HREF="http://wendy.seltzer.org/blog/dmca-nfl" REL="nofollow">months after counter-notices are given</A> -- have been eroding fair use on the Internet for too long. It's just too easy to automate extrajudicial IP enforcement as a shotgun approach against an international public not nearly familiar enough with U.S. copyright law to set things straight.<BR/><BR/>Well, now things are getting set straight. No more flouting 512(f). This goes for not just UMG, but also Viacom (who's milled <A HREF="http://news.cnet.com/8301-1023_3-10022304-93.html" REL="nofollow">350,000 DMCA notices</A>), <A HREF="http://yro.slashdot.org/article.pl?sid=07/04/14/1237246&from=rss" REL="nofollow">15-year-old cyberhooligans</A> -- even <A HREF="http://blog.wired.com/27bstroke6/2008/03/air-force-cyber.html" REL="nofollow">the U.S. government</A>, most of whose works are, <A HREF="http://www.law.cornell.edu/uscode/17/105.html" REL="nofollow">by law</A>, not copyrighted. If you send DMCA takedown notices, you better be prepared to justify each and every one of them in a court of law, and fair use <I>will</I> be a factor.Matt Fitzpatrickhttps://www.blogger.com/profile/04198028211898155926noreply@blogger.comtag:blogger.com,1999:blog-15479871.post-69963276862872789072008-08-21T18:33:00.000-04:002008-08-21T18:33:00.000-04:00Not being a lawyer, I've always been curious about...Not being a lawyer, I've always been curious about the "declare under penalty of perjury" boilerplate included in every DMCA takedown notice. Despite many cases coming up where the declarations turned out to be false, I have no heard of any instance where the attorney making the declaration was in fact prosecuted (or just sanctioned) for committing perjury.<BR/><BR/>Does this wording actually have any legal force?Liorhttps://www.blogger.com/profile/15563497907340566955noreply@blogger.comtag:blogger.com,1999:blog-15479871.post-7218588702977906632008-08-21T18:26:00.000-04:002008-08-21T18:26:00.000-04:00Since there aren't any comments here (yet), I want...Since there aren't any comments here (yet), I wanted to grab the opportunity to thank you for this blog and for following my case, even though it's not technically RIAA vs The People but the reverse ;). I've been reading here for quite some time, I think since early- to maybe mid-2006, constantly barraging friends with links to your entries (esp the Andersen case).<BR/><BR/>Cheers,<BR/><BR/>StephanieStephaniehttps://www.blogger.com/profile/18127448645515191294noreply@blogger.comtag:blogger.com,1999:blog-15479871.post-27872890411032337012008-08-21T16:43:00.000-04:002008-08-21T16:43:00.000-04:00Considering that Universal filed a take-down that ...Considering that Universal filed a take-down that complied with the DMCA requirements in all respects and sent it to the YouTube e-mail address for DMCA take-down notices...<BR/><BR/>...AND THEN claimed that a disclaimer included with the notice meant it wasn't really a DMCA take-down notice or subject to the rest of the provisions of the DMCA is simply astonishing in its audacity.<BR/><BR/>While to this man's feelings the judge should have ruled for the plaintiff and sanctioned Universal in a New York Minute after he heard/read that argument, he does get kudos for apparently not buying that, or a whole lot of other Universal lawyer crap, that they threw up hoping something would stick.<BR/><BR/>Would that the judges in the RIAA v Filesharer cases were seeing through the Plaintiffs obfuscations so easily.<BR/><BR/>{The Common Man Speaking}Anonymousnoreply@blogger.com