Abusive Use of DMCA

dmcaOn March 13, 2014, the Judiciary Committee of the United States House of Representatives, through its Subcommittee on Courts, Intellectual Property and the Internet, held a hearing regarding the copyright infringement notice and takedown procedures set forth in 17 U.S.C. § 512, the Digital Millennium Copyright Act.

The Digital Millennium Copyright Act (DMCA) is a copyright law in the United States.  On October 12, 1998, the United States Senate passed by unanimous vote, and President Bill Clinton signed into law on October 28, 1998, an amendment to Title 17 of the United States Code to extend the reach of copyright.  The amendment also limited liability of providers of online services for copyright infringement by their users.

At the Judiciary Committee hearing, Representative Bob Goodlatte (R-VA) introduced the hearing by identifying three issues of particular interest to him: (1) the “whack-a-mole” problem copyright owners face, whereby infringing material that has been taken down reappears almost immediately on the same website; (2) the impact of takedown notices on fair use and the First Amendment; (3) the problem of fraudulent takedown notices.

Word Press addressed the problem of fraudulent takedown notices.

Paul Siemenski, the General Counsel of Automattic, Inc. (the maker of Word Press), testified before the Judiciary Committee.  Attorney Siemenki stated that the real problem with the DMCA is the “abuse of the DMCA takedown process” including counter-notifications.  He said that the counter-notification process does not work for most internet users because it is complicated, intimidating and requires them to reveal personal information.

Infoworld reports that;

“The real problem with the DMCA, public advocacy groups say, is not one of inadequate copyright enforcement but that the notice-and-takedown process is often abused. A recent report from UC Berkeley found the system is riddled with misuse and overreach …”

DMCA has been described as a guilty until proven innocent approach that is abused by people who have no copyright on the material they want taken down.

Myself and others have experienced fraudulent DMCA take down notices hoping that there will be a counter-challenge that includes our personal information.

As acknowledged by some who were subjected to fraudulent DMCA takedown notices, he also conducts his activity hoping to influence, and has influenced, others to do or participate in his dirty work.

Another reason for the takedown notices is to have the accounts and/or blogs of others suspended by the hosting company.   If that is accomplished, the perpetrater will deprive his targeted victim’s rights to free speech, and boast that it was “legally” done.

Perpetrators assume that no counter-notice will be filed.  To protect personal information and prevent losing right to free speech, it’s important to have an attorney file counter-notices.  That is what I did, which threw a wrench in the perpetrator’s scheme.

Representative Howard Coble (R-NC) asked Mr. Siemenski whether Section 512(f) (which provides for awards of damages and attorneys’ fees against those who make material misrepresentations in takedown notices) has been effective in deterring abuse of the takedown procedure.  Mr. Siemenski felt that the provision had not been effective. Suits are rare under Section 512(f).

Automattic, Inc. has filed lawsuits against those who misrepresent that they own copyright that they do not.

 

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This entry was posted in cyberharasment, DMCA abuse, Internet extortionists and tagged , , . Bookmark the permalink.

17 Responses to Abusive Use of DMCA

  1. kajubitch says:

    Reblogged this on kajubitch and commented:
    Hmm, and GL too. Another pea in an ugly assed pod. Seems it may be time to drag out the Roach meme. That was a gift to ME. No fake DMCA filing for you, at least not here, loser boy.

  2. shyloh says:

    Thanks Xena. I am so glad you wrote about this. It’s a slap in the face and I hope he feels the burn. I guess Piercy doesn’t know if he’s for or against Kendrick Johnson. I just hope his followers see this. Nice collage about the MURDER isn’t it? I’ll have more to say. I work for a living lol. Love ya girl. Great Blog as usual!

  3. NavyDad0007 says:

    Reblogged this on neonthegreat132321's Blog.

  4. Pat Hartman says:

    The level of mental illness demonstrated here is eclipsed only by the level of mental illness in the person or people who committed the original crime.

    • Xena says:

      Hey Pat!

      I applaud Word Press for their position and wish that other social media would follow their lead. The DMCA abuse is a form of harassment that takes up the time of social media staff, and inflicts emotional distress on the victims.

  5. shyloh says:

    You crack me up Xena. You always help. That’s why we love you dearly.

  6. Reblogged this on and commented:
    Useful information … please read.

  7. I am going through this exact same issue, unfortunately it’s with a disbarred lawyer who happens to be married to a practicing lawyer. Thank God for WordPress.

    • Xena says:

      I am so sorry to hear that you’ve been going through the same issue. There are nasty people who, if they can find any little kink in the law, they use it to their advantage. Here’s wishing you the best.

  8. Two sides to a story says:

    LOL.

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