

Seemingly incompetent contractors lead to bizarre DMCA notices on Microsoft's behalf




But in Microsoft's case the abuse appears to be accidental.




[Image Source: Microsoft]




DMCA cat



Sources: Google [Transparency Report], Chilling Effects

Comments     Threshold


It's not really a laughing matter.
By dark matter on 10/8/2012 3:50:37 PM , Rating: 4
Those responsible for such errors should do jail time, period.

Freedom of speech is at stake, and we all must strive to protect it.

RE: It's not really a laughing matter.
By inighthawki on 10/8/2012 3:58:38 PM , Rating: 2
What are you talking about?

RE: It's not really a laughing matter.
By Solandri on 10/8/2012 5:01:48 PM , Rating: 5
While I don't know if jail time is appropriate, OP nailed the problem on the head. Currently there is no penalty for filing an incorrect or (eventually found to be) baseless DMCA takedown request.

You can be found guilty of perjury if you don't actually own the copyright, but you can always claim "Oh I thought his video on installing cat 6 cable violated the copyright on my video on tabby cats." As long as you own the copyright on the tabby cat video, you're fine.

Given a system where there's there's no penalty for overreaching copyright claims, it's hardly surprising that copyright owners put little to no effort into accuracy, and have adopted a "if in doubt, take it down, let the actual owners and the courts sort it out" approach. In such an environment, free speech is at risk as it's difficult to distinguish between taking down videos and stuff because your automated system thought it violated your copyright, versus because you disagreed with it.

RE: It's not really a laughing matter.

RE: It's not really a laughing matter.

RE: It's not really a laughing matter.

We are not talking about a product here.

But liberty.

Know the difference.

Learn the difference.




free speech can and should not be "patched later"

to continue discouragement, fines should be progressive and multiply.






By SilthDraeth on 10/9/2012 11:15:03 AM , Rating: 2
This isn't just a problem with digital media.

The court system in general can be abused.

I was sued and had to fight for years for trespassing and erecting structures on someone else's property, even though the even happened before I was born.

By NellyFromMA on 10/9/2012 8:52:07 AM , Rating: 4
No doubt that it should be taken seriously, but jail time? Idk on the scale of relativity I just don't think this is a heinous offense, just a stupid one. Jail time mando just sounds kind of extreme for first time violation of an arguably stupid practice in the first place.

