That's the loophole right there. The only qualifier for the penalty of perjury is that the complainant is "authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
Beyond that, there's no liability. So the end result is rights holders are allowed to hire third parties to spam out DMCA notices and not face repercussions and hosting companies are pressured into using shitty filtering. So now we have DMCA notices flying fast and furious, and we're seeing real consequences.
How can it be that we have so many obviously false positives? Clearly there is something wrong with the process.
There's really no denying that this was an illegitimate takedown; more of a glaring example of a broken system. Balance? I think I just broke a rib from laughing.
Legitimate speech being blocked by a DMCA takedown notice does not equate to a violation of someone's First Amendment rights.
You're right, except the truth is the exact opposite of that. Legitimate speech being blocked by a DMCA takedown, illegitimate or otherwise is a violation of that entity's free speech rights. Speech is communication. Audio, video, it is all communication. Cases like these are just exploiting the loophole in the DMCA which allows for consequence-less illegitimate takedown notices to be filed and served.
It's private action on a private website.
And that's the problem which really lies at the heart of the matter. Internet takedowns should really take place in court. It's the only way to make sure this gets handled fairly. Currently, as Mike repeatedly asserts, the law operates on a 'guilty until proven innocent' basis, which as you know is contrary to the entirety of American law.
"Getting the TSA to act within the law is important not only because it is essential to have the rule of law, but because the legal procedures TSA is required to follow will require it to balance the costs and benefits of its security measures articulately and carefully."
LOL, like that's ever gonna happen. I, for one, am not holding my breath. Our Gov't has shown repeatedly that they believe they're above the law and become indignant when anyone suggests that this might be the case.
Also, good on those at TSAComment.com, hopefully they're able to have an impact.
Re: Re: Re: Re: Re: Re: Re: Re: It sounds like someone needs to be fired
Actually, it's that we, the public(we stand to lose the most) have a vested interest in the crafting of this treaty or whatever you want to call it. Senator Wyden is simply using his position to call out on our behalf.
Re: Re: Re: TechDirt totally out of touch about how much patents pay for innovation
All well and good, except his example isn't all that extreme. Absurd, yes, but the obviousness is blinding, and that's the whole point. People patenting obvious things because the patent researchers are either incompetent or willfully ignorant.
And then incompetent judges upholding them. Truly blind leading the blind.