Bogus DMCA Threats As A Marketing Strategy
from the impressive dept
First of all, notice that they didn't actually file a DMCA takedown notice or file any actual lawsuit. They simply sent a cease-and-desist (and, of course, their own press release) -- which is effectively meaningless. Cease-and-desist letters can be (and often are) completely ignored. The recipient is under no requirement to follow. In normal circumstances, where a cease-and-desist actually has some weight behind it, it's because the sender of the cease-and-desist will file a lawsuit if the recipient doesn't comply. Of course, in this case, the company in question cannot file a DMCA lawsuit, because it has no standing. Even if it were true (and it's not) that having bad copy protection was a DMCA violation, you have to be the copyright holder to file the DMCA notice (otherwise you can get into trouble). This company is not the copyright holder... they're just some no name maker of DRM software that thinks a cheap publicity stunt abusing the DMCA will get them attention.