by Mike Masnick
Mon, Jan 14th 2008 4:48pm
All too often, we're seeing the DMCA abused by people who aren't using it to takedown copyright infringing materials, but to shut down sites they don't like. The latest example involves some filmmakers and a movie review site. The review certainly was not particularly positive, leading to a rather random series of complaints and threats against its author. While we won't get into the claims of libel and defamation, which go into an entirely separate arena, the fact is that the filmmakers are using the DMCA to try to get the site taken down completely, bringing up all sorts of claims in the DMCA notice. It's difficult to see how a review of a movie can infringe on the copyrights of that movie unless it was showing the movie itself (which does not appear to be the case). It's worth pointing out that a DMCA takedown notice is only supposed to be for copyright infringing material, so including charges of libel and defamation in the takedown seem rather unnecessary. Even more amusingly, though, the takedown notice includes a bunch of random charges that aren't actually illegal, such as: "linking to other websites without any authorization to do so." In fact, the whole thing is so over-the-top, you have to wonder if it's simply part of an attempt to use the Streisand Effect to drum up some publicity for the movie.
If you liked this post, you may also be interested in...
- Dismantling The Repair Monopoly Created By The DMCA's Anti-Circumvention Rules
- Ares Rights Gets EFF Lawyer Suspended From Twitter For Posting Mild Criticism
- The NSA Lost In Court, So This DMCA Notice Is Totally Valid
- Pick A Side: Video Of Creepy Girls Singing To Donald Trump Taken Down Over Copyright On WWI Song
- Ecuador Continues To Use US Copyright Law To Censor Critics