EFF Launches Takedown Hall Of Shame

from the who-will-be-inducted-next? dept

With so many organizations trying to use copyright and trademark law to take content offline, the EFF is announcing the launch of its new Takedown Hall Of Shame, highlighting “the most egregious examples of takedown abuse.” You’ll recognize the names on the list — as every one of them we’ve written about here. Who knows if this will cause lawyers to think twice before issuing bogus takedowns (I doubt it), but at least it should shine some light on how widely copyright and trademark law are abused to stifle speech.

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Comments on “EFF Launches Takedown Hall Of Shame”

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12 Comments
Anonymous Coward says:

17 USC 512(f) imposes sanctions for persons submitting takedown notices. Specifically, the section reads:

(f) Misrepresentations.— 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.

There is a price to be paid for truly “bogus” notices, as has been noted and imposed in at least OPG v. Diebold, a copy of which can be found at:

http://www.eff.org/files/filenode/OPG_v_Diebold/OPG%20v.%20Diebold%20ruling.pdf

BTW, DMCA takedowns are properly limited to copyright law. Any such notice that is filed based upon trademark law is clearly outside the reach of the DMCA.

Anonymous Coward says:

Re: Re:

“BTW, DMCA takedowns are properly limited to copyright law. Any such notice that is filed based upon trademark law is clearly outside the reach of the DMCA.”

I suppose this is how they get around the sanctions and are still able to either make others pay money in settlements or threaten to make them endure a long and expensive lawsuit, even if the entities being sued would eventually win.

jilocasin (profile) says:

Perhaps EFF is hoping for a DMCA takedown notice?

Perhaps that’s just what the EFF is hoping for, some silly entity to serve them with a bogus DMCA take down notice.

Since they received it, they would immediately be a party to it. They could show the world how they feel a take down notice _should_ be handled. As a bonus, since they obviously think the items they host were recipients of bogus take down requests in order for them to post it themselves, they can sue for damages and help establish the case law to allow others to easily successfully sue overzealous entities.

From the EFF’s point of view it’s a win/win.

Gene Cavanaugh (profile) says:

Who knows if this will cause lawyers to think twice before issuing bogus takedowns

So, using this reasoning, a waiter in your favorite restaurant should refuse to serve you if you order something that isn’t healthy (or he/she simply doesn’t approve of)? A taxi driver should refuse to pick up a fare because the roads are crowded? A plumber should refuse to fix your sink because he/she doesn’t approve of your sewer system?
GET REAL! An attorney works for hire – the HIRING ENTITY is the culprit!

Derek Reed says:

Re: Who knows if this will cause lawyers to think twice before issuing bogus takedowns

Following your analogy, I think it’d be more like the waiter refusing to serve you sludge from the sewer system, or the plumber refusing to mop up the shit you took in the kitchen. You can abstain the lawyers from all responsibility, there’s some shit on their hands too.

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