While it is insane, they are always fearful of being the next dancing baby case. The cartels have no problem throwing tons of cash down a hole to crush those who resist their demands, correct or not. No one wants to be the first case that proves they need to review the notices before blindly accepting them. The fact that even if the takedown was bogus there was still going to be a black mark against the account holders is the really stupid part for Vimeo. Some random troll send multiple notices, screw all your work, get off our site because we don't want to deal with the hassle.
This is another chapter in how broken the DMCA process is, and nothing is going to change because much money is spend to buy the law they want, not the law that should be.
I look forward to someone starting a company to disrupt the marketplace that doesn't yank first & then punish you still later when it is bogus. That they review the claims and reject as needed. I look forward to a court having to hear how they didn't act fast enough and the company producing the 100 bogus takedowns covering 100000 items that they were expected to check in a reasonable time.
It really is time we stop allowing the cartels to demand everyone else pay for their mistakes and the huge amount of derp they generate with these bogus notices. Imagine if they had to pay a fine for every bogus notice, they would get much better much faster.
If only we could force Congress to have nothing better than the worst off of the people in the country. They are supposed to represent us, and it has become crystal clear that they live in their own little bubbles disconnected from the reality us little people live in. Imagine how quickly things would get fixed if instead of Congress first, it was the people put first. You can have nothing better than the little people... as we saw when they figured out their childish shutdown of the government wouldn't allow them to fly home when it affects them they can move mountains quickly. Imagine all of the sweeping changes if: congress got medical via the VA. congress had to pay for office supplies, gas, parking. congress had to deal with cable companies without a VIP number and had to decide between going to work or waiting for the 12 hour window where a tech might show up. congress didn't get paid if they play chicken with the budget. If they didn't get vacations like a majority of working people in this country.
They screw these programs up, deliver nothing of benefit, and then don't have the courage to hold someone accountable unless they can score some points in the media... rather than doing it because citizens got screwed and the people were more important than a pretty, worthless, program.
Shame there will be much lip service and nothing will change. It didn't happen to them, and "THOSE" people are dangerous (the police told me so) so convincing people that what happened here was illegal, immoral, unethical, and a violation of someones rights will be an uphill battle.
We are trained to fear anything different, do not question authority, look away when someone elses rights are violated because they must be bad. So there will not be much outrage until either they detain those who turned a blind eye or those who were targeted finally say enough and do the only thing that can to raise awareness, and as we have seen protests and often twisted into riots and rights free zones making things much worse and then the powder keg gets sparked.... and this just convinces those who looked away that maybe what the police did was justified to protect us from them.
They do this with our tacit approval, and until you do something beyond like something on facebook you are still allowing it to happen. Demand change, demand charges, demand that even those you are terrified of deserve the same rights you enjoy... or don't be shocked when either side decides you aren't worthy of rights anymore.
Why do the work when you have toys to do it for you? Why not turn alleged threats into a package perfect news block showing everyone how they are being kept safe?
Perhaps if we focused less on giving them left over military toys, that we wasted money on creating, and instead more education about how to solve problems with something other than the end of an M15 or tactical armor unit perhaps we would get better.
The dial has been turned to 11 - terrorists everywhere, under your bed in your town on the internet, threats to law & order!!! (ignoring that people are distrustful because the killed by a cop bodycount is higher than terrorist attack bodycount.) We just want to feel safe, and so few of these stories get the national media coverage they should in deference to the police state. If we lost faith in them, we might stop blindly accepting the lies and rights being torn away.
Knowing they didn't do any of the investigation the job requires, and then decided to downplay a raid on a little old lady who did nothing illegal. Even the lawsuit will not hold those who made the stupid decisions accountable, they will pass the buck to the taxpayers to take care of.
We spend money making sure we look good in fantasy, to distract people from the reality of the horror we cause.
Everyone can believe our soldiers respawn unwounded and in perfect health, no one look at the soldiers who need medical treatment in the real world that our system can not provide, but we have 100 new tanks no one wanted.
And the blather from planet Murdoch was silenced, an angel got its wings, a unicorn was born, peace happened in the Middle East... until the machine roared to life again Slaying the angel, serving Murdoch a filet of unicorn, and well the Middle East went back to being what Murdoch hopes it can be forever.
The really sad part about all of this, is after all of the effort & cash wasted in these lawsuits...and "Justice" is served by removing these unfit people from the job... An arbitrator will put them back on the job with back pay.
Shake your head all you want, but time & time again we see those unfit for the job, forced back onto the public who thought that the rules were for everyone and that the bad apples were out of the barrel now. Why bother taking the bad apples out, when the system keeps shoving them back in with a bonus for their misdeeds? Why be shocked when good apples don't bother to report the bad apples or do anything, because they know it is pointless and they will face repercussions from those we've made untouchable and unaccountable.
Not to mention that there have been some issues with Sourceforge grabbing projects and replacing installers with crapware deluxe installers all while claiming its because no one responded to the notices they never actually sent.
How dare people get offended that they arbitrarily screwed up many peoples work over a single word without even a poorly worded threat letter first.
As there are other examples of this word on their site, one has to assume that some jackass took a dislike to the original coder or one of the fork coders and is currently nursing a chubby over having "won" against the transgressor.
GitHub played their role of being an enforcer to deal with a squeaky wheel, and harmed their reputation. They will refuse to walk back on this, otherwise the outrage from the other side will overwhelm them (ignoring that those bitching have no fing clue what GitHub does nor use it, they just piled on because a FB post told them to). Once people figure out the word appears in more places, they will have to purge all the naughty words, a list of which will grow in scope until no words are allowed. While it is their playpen, the lack of any warning beforehand or any consideration of exactly how far their hasty action would spread shows a policy that they never bothered with before and they don't know how to enforce the terms they got off of legalzoom.
Cutting off ones nose to spite ones face comes to mind.
I was discussing Evan Stone with the Good Uncle case, SJD points out the questionable actions on the Emule network where files could have multiple names.
Some tried to leverage the, well you tried to violate someones copyright so pay us because we showed up.
Emule was/is a terrifying place because of this, you could title a download "Snowden Leaks" and load up the archive with CP and he downloader wouldn't know until the file completed.
Currently one can click magnet links posted, that do not have to reveal the contents until the transfer has already begun, and given the "Germans" 1 second hits someone who was mislead about a torrent could click stop as soon as they saw it wasn't a PD download yet still have a single recorded hit. Have their life turned over because of the claims that everyone who uses BT is a pirate out to "steal" billions of dollars of content. There might even be some evidence left behind, but the defendant never tried to infringe and stopped it when they saw it, and yet they need to face the $150K firing line.
I think you are thinking of "The Good Uncle" and the case where there was confusion as some people were merely trying to DL the public domain film and ended up with some porn much to their shock and horror. Of course the lawyer pursuing that case was a bumbling fool who filed without having the copyrights, participated in the swarms of the gay porn he was demanding settlements for, and showed up at an adult industry convention in devil horns to play up how bad ass he was. Some guy with a Guy Fawkes avatar made his life unbearable & helped chase him out of porn... well that and the sanctions for him lying to a Judges face in court.
"it's fairly amazing that courts haven't been digging that deeply into Malibu Media's practices"
It is much more terrifying that the courts have never asked if the lawyers aren't misleading the court, even as evidence of their contempt for the courts piles up.
I have a rock, it keeps away tigers. One should demand that there be proof before we outfit everyone with tiger repelling rocks.
I have a black box, it tells me who infringes. As long as I don't have to explain how, without technobabble and experts who coded in java once, and deal with the inability to identify the actual infringer with this tech so we will then demand fishing trips into peoples lives to pressure them into settling... because we will violate any court order that demands we live up to innocent until proven guilty, because someones reputation is worth more than a couple thousand.
You understand that despite their protestations to the court and the media they target the people they swore they would never target. You understand that they target the name on the bill, without any evidence to support that claim. You understand when they get someone who is innocent who is fighting back they double down and threaten to run up the innocent mans costs defending against an action they know has no basis and is not brought in good faith. You understand that they publicly infer their targets enjoy CP and bestiality videos, to secure a speedy settlement. You understand they violate court orders and mislead the courts to hint at wrongdoing they can not prove even after their expert examined the evidence and came up empty as to evidence of being guilty so they throw more feces at the fan hoping some will stick and get them their settlement dollars.