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The biggest failure of the DMCA was that there are no consequences for false accusations.

That one small change would make a huge difference. Put the liability on the reporter for false claims.



If it's wrong you just counter-notice and it's put back again, does take two weeks though. If the initial person is not the copyright holder they've committed perjury.

Seems like it's been rescinded though


Which is an undue burden on legit publishers who get effectively DDosed by big publishers with money. If the big publishers have no consequences, then they have no incentive to stop.

If they got ever increasing fines for false claims, then they would have an incentive to actually only make legit claims.


Set up and automatic counter-notice bot to start with, thus annoying them back.

However: Any person who knowingly materially misrepresents under this section—

(1) that material or activity is infringing, or (2) that material or activity was removed or disabled by mistake or misidentification, shall be liable for any damages, including costs and attorneys’ fees, incurred by the alleged infringer, by any copyright owner or copyright owner’s authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of the service provider relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it.

17 U.S.C.A. § 512


It's only a failure from our perspective.

From the perspective of those who lobbied and those who passed it, the DMCA is working exactly as intended.

They always intended for the law to be able to be used for abusive purpose against any without significant financial resources.


We could always manufacture some consequences ourselves...




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