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dhthwy
Joined: Mar 07, 2008
# Posts: 1
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Posted: 03/07/2008 06:56 am
Have any of you guys been on the receiving end of a frivolous DMCA takedown?
I find it to be ripe for abuse. Using fake information you can take down a competitors website simply by filing a DMCA complaint to the search engines.
I have a friend that's being threatened with DMCA because she is pointing a text link to another person's website's homepage. Since this link points to the owner of the website threatening DMCA she does not violate any DMCA law. That's like pointing a link to microsoft.com and Microsoft claiming you're infringing on their copyright by pointing a link to them. Seems silly to me because the internet is a public place and you're free to point links to whichever websites you choose as long as said website doesn't violate someone else's copyright.
I wonder if any of the search engine's actually investigate any complaints before taking a site down. I advised her just to keep the link there if she wants it, for reasons based on principle. I think my friend is in for a fat lawsuit against the other party if any DMCAs are filed.
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Quadrille
Joined: Nov 15, 2000
# Posts: 1064
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Posted: 03/07/2008 07:57 am
The major SEs won't act without a statement made on penalty ofperjury. So a false claimant could be in deep sh*t.
I'm sure they happen - but they'd be rare. Probably just a threat.
And the SEs DO investigate, so far as they can - but as it's often one person's word against another, they take sworn statements and leave the courts to have the final word.
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