You know its kind of surprising it took this long for someone to challenge it, but then again in this case the defendant isnt a major entertainment or recording company.
Well, the fiscal position of the streaming industry was not favorable compared to the copyright lobby’s a decade ago. Things are probably a bit more balanced now.
Still a bite the hands that feed them proposition. Unless there are anti-trust laws forcing the RIAA members to sell on all platforms, they could pull songs from any one service, and seriously damage the user base.
Perjury involves proving that someone was knowingly lying to execute the takedowns. If you honestly believe that the takedown you’re filing has merit, you’re basically fine under the DMCA system, even if you’re wrong. It’s possible this case will succeed if Shoppify can prove intent, but in most cases you can’t.
It’s pretty shit and the law should be rewritten to have more consequences for false takedowns, but with the current state of copyright legislators I’m not sure if I would like any current government to have another go at this concept.
All DMCA takedowns have the perjury clause. What is the penalty for perjury in a US federal court?
Because it’s about time we saw it enforced here, setting a precedent to be used in the many other cases of DMCA misrepresentation that exist.
You know its kind of surprising it took this long for someone to challenge it, but then again in this case the defendant isnt a major entertainment or recording company.
Well, the fiscal position of the streaming industry was not favorable compared to the copyright lobby’s a decade ago. Things are probably a bit more balanced now.
Still a bite the hands that feed them proposition. Unless there are anti-trust laws forcing the RIAA members to sell on all platforms, they could pull songs from any one service, and seriously damage the user base.
Likely true.
Perjury involves proving that someone was knowingly lying to execute the takedowns. If you honestly believe that the takedown you’re filing has merit, you’re basically fine under the DMCA system, even if you’re wrong. It’s possible this case will succeed if Shoppify can prove intent, but in most cases you can’t.
It’s pretty shit and the law should be rewritten to have more consequences for false takedowns, but with the current state of copyright legislators I’m not sure if I would like any current government to have another go at this concept.