Perfect 10 Claiming That Passing Along Its DMCA Notices Is, Itself, Infringing
from the shaping-case-law-day-by-day dept
The "company" (and I say that loosely) is apparently back in court with Google yet again, this time arguing that passing on its DMCA takedown notices to sites like ChillingEffects.org is also copyright infringement. Yes, it's saying that publishing a DMCA notice can constitute infringement. ChillingEffects, of course, is the enormously helpful website that acts as a repository for DMCA takedown notices. It serves as an amazingly useful tool. Perfect10's argument is that it includes its images in the DMCA notices, so publishing them via ChillingEffects is infringement. It seems to stretch any level of believability to think that a DMCA notice which Perfect10 itself filed is acting as a reasonble replacement for the content contained within. Besides, I'm pretty sure that there is no reason for Perfect 10 to include the actual images -- it could just send URLs. It seems like the only reason to include the actual images is to be able to make a bogus copyright claim at a later date, which is exactly what happened.