- Joined
- Nov 14, 2012
Here's some fun facts about the DMCA.
To submit a DMCA,
a) you do not need to prove anything. No registration numbers, no personal id, nothing. You need not a single piece of information to prove that you even exist.
b) you do not need to be American. Due to international copyright law, a person in any country may submit a DMCA on alleged, assumed intellectual property.
c) you do not need to be an attorney in any jurisdiction. Anyone may submit a DMCA, on behalf of themselves, the IP of a company, or even a third party with their permission.
When receiving a DMCA,
a) you are legally required to remove the content first before replying.
b) you may counter a DMCA, but you have to supply all your dox to do so.
c) you are legally required to wait 10 days for a reply to your counter DMCA before restoring deleted content.
d) if you intercept a DMCA (i.e. DMCA targets a post by a forum user, but I reply to it for them), you accept 100% of the liability for damages. This is why YouTube and Google almost never handle DMCAs for even very large YouTube channels.
If you lie in submitting a DMCA,
a) it is technically criminal perjury, but under US law
b) it is very difficult to prove actual malice for civil action from the impacted DMCA recipient (i.e. if you don't say you submitted it knowingly false, they cannot prove it your intentions).
I am not a lawyer!! I just like reading Internet blog posts about the DMCA!!
Here's a FUNNY hypothetical situation that makes me LOL XD
1) 10 nerds from random countries get on Discord.
2) They claim to be fictitious people from a fictitious LLCs from places like Iran, Ukraine, South Sudan, and the DPRK.
3) They submit 100 DMCAs each a day to a mixture concerning YouTube videos, Google (infringing URLs / images), Twitter tweets, Facebook posts, and Wikipedia content - targeting high profile creators especially (but not over 1m subs or the same channels repeatedly, because YouTube definitely intervenes on their behalf).
4) The Internet is brought to its knees overnight.
5) Google and other technopolies petition for change because they are having to moderate thousands of copyright complaints that are completely and totally indistinguishable from real complaints.
What a FUNNY hypothetical. I'd never advocate for it because I 1) love Israel, 2) love and honor my federal government and all federal employees (thin blue line, we love our police), and 3) laws exist for a reason and we love our law and order don't we.
To submit a DMCA,
a) you do not need to prove anything. No registration numbers, no personal id, nothing. You need not a single piece of information to prove that you even exist.
b) you do not need to be American. Due to international copyright law, a person in any country may submit a DMCA on alleged, assumed intellectual property.
c) you do not need to be an attorney in any jurisdiction. Anyone may submit a DMCA, on behalf of themselves, the IP of a company, or even a third party with their permission.
When receiving a DMCA,
a) you are legally required to remove the content first before replying.
b) you may counter a DMCA, but you have to supply all your dox to do so.
c) you are legally required to wait 10 days for a reply to your counter DMCA before restoring deleted content.
d) if you intercept a DMCA (i.e. DMCA targets a post by a forum user, but I reply to it for them), you accept 100% of the liability for damages. This is why YouTube and Google almost never handle DMCAs for even very large YouTube channels.
If you lie in submitting a DMCA,
a) it is technically criminal perjury, but under US law
b) it is very difficult to prove actual malice for civil action from the impacted DMCA recipient (i.e. if you don't say you submitted it knowingly false, they cannot prove it your intentions).
I am not a lawyer!! I just like reading Internet blog posts about the DMCA!!
Here's a FUNNY hypothetical situation that makes me LOL XD
1) 10 nerds from random countries get on Discord.
2) They claim to be fictitious people from a fictitious LLCs from places like Iran, Ukraine, South Sudan, and the DPRK.
3) They submit 100 DMCAs each a day to a mixture concerning YouTube videos, Google (infringing URLs / images), Twitter tweets, Facebook posts, and Wikipedia content - targeting high profile creators especially (but not over 1m subs or the same channels repeatedly, because YouTube definitely intervenes on their behalf).
4) The Internet is brought to its knees overnight.
5) Google and other technopolies petition for change because they are having to moderate thousands of copyright complaints that are completely and totally indistinguishable from real complaints.
What a FUNNY hypothetical. I'd never advocate for it because I 1) love Israel, 2) love and honor my federal government and all federal employees (thin blue line, we love our police), and 3) laws exist for a reason and we love our law and order don't we.
![:\](/styles/custom/emotes/svg/chris-confused.svg "Confused :\")
