CaptainGarbage
kiwifarms.net
- Joined
- Aug 9, 2024
Abuse of DMCA is seriously pathetic. This little fucktard engaging in corporate censorship shows how thin skinned and retarded this malding furfag is. (Reminder Pirate Software is a company, and abuse of DMCA from a company IS a form of corporate censorship.) DMCA abuse is illegal in the US because false statements in a DMCA notice can be considered perjury under our law. If a company knowingly misrepresents that content is infringing, they can be held liable for damages (including attorney fees) incurred by the content owner or service provider. Mald is absolutely knowingly targeting fair use content (commentary, criticism, or parody) and his actions ultimately are violating multiple legal protections. Courts have ruled against companies for fraudulent DMCA takedowns (like Lenz v. Universal, the 'Dancing Baby' case, where the court reaffirmed that fair use must be considered before issuing a takedown). I'm not a lawyer, but I've heard about this a lot and read this on various law firm websites.This showed up on my timeline but PirateSoftware is apparently DMCAing this guy
Edit: added the ghost archive posted by itogi
Nope, not after Lenz v. Universal, which set a precedent: Copyright holders must consider fair use before issuing takedowns. DMCA Requires a 'good faith' consideration of fair use. Once in court, all you need to do is argue they're acting in bad faith. Even if a company falsely claims a takedown in 'good faith' but it still causes harm, they can still be held liable. Courts may not require proof of intent either, just that the takedown was wrongful and negligent. Not to mention, his history of wrongful DMCA strikes against fair use content makes any 'good faith' claims far less credible.Outside of people blatantly abusing the DMCA like you're suggesting, you can pretty easily say you filed the DMCA in good faith and that you're just a retard who didn't fully understand the law.
Also ignorance of the law is not a valid defense in court within the US. Try that out next time you get pulled over and get sent to traffic court. "Sorry your honor, I didn't know it was illegal." See how that works out for you.
Maybe that lawyer that protected the indie dev will be willing to pro bono this guy or knows someone who would. Someone needs to stop his fraudulent DMCA abuse. Maybe mald and his company will be one of the first abusers to get fucked for abusing the DMCA system. Unfortunately, what will likely happen is the lawyer will file a Counter Notice and force mald to either sue or back off. Which mald will 100% back off because he knows he's abusing the system.What a fragile little bitch. Literally can't handle someone posting a stream clip, y'know, like everyone does. Doesn't want the government involved in games but totally happy abusing copyright law so nobody can see what a spineless coward he is.
If there were a few examples of people getting fucked from abusing the DMCA system, we'd see a lot less of it. It wouldn't stop it outright, but having some people be made examples of, would definitely stop a lot of it.On paper, there is. The DMCA provides a legal remedy for fraudulent claims. Trouble is it requires litigation to extract it, and it's rarely worth the effort, which is why it's so heavily abused.
It really does need to be repealed.
This is actually why a bunch of retards abuse DMCA, they want to gain the personal information. This way they can build targeted ammo for a specific person. I've seen DMCA abusers leak information on someone (actual doxing) to disgusting no life discord users and these losers will target the person to harass outside of the DMCA abuser. This creates a barrier to protect the DMCA abuser because they weren't the one doing the targeting.Bear in mind, too, that responding to a DMCA reveals all your personal info to the claimant, as it is technically a legal process
I pray mald enters the finding out timeline for his sick and absolutely insane behavior. What an absolute sad and strange little man.