Court Says DMCA Takedown Recipients Can Fight Back On Their Home Turf
from the watch-out-for-unintended-consequences dept
The post on the topic concludes: "The outcome is a harsh lesson for copyright holders who send cease and desist letters willy-nilly." That basically suggests that perhaps those who rush out to send DMCA notices won't be so eager to dash them off, knowing they may be sued at the location of the recipient. However, I'd suggest that a different result is likely -- and it isn't a good thing. Rather than just sending off nasty letters threatening to sue, expect DMCA takedown notices to be followed quickly by actual lawsuits. We're already seeing this in the patent world. Patent holders who are afraid that someone they want to sue will sue for declaratory judgment in a more friendly jurisdiction simply decide to sue first in a favorable location (East Texas), without providing much warning at all. So, the end result of this might not be those issuing DMCA takedowns become more careful, but that they start filing more lawsuits.