Quote:
Originally Posted by Shaggy
I'm not sure I understand the example you're giving.
The "under penalty of perjury" means that they're not supposed to just guess or assume that they hold the copyright, they're making a legal claim that they knowingly hold it.
In order for Conde Nast to issue a DMCA takedown request for the material on Project Gutenberg, they have to legally state that they knowingly hold the copyright on that material. I don't see any wiggle room there for "oops, our mistake".
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From Wikipedia:
"Perjury, also known as forswearing, is the willful act of swearing a false oath or affirmation to tell the truth, whether spoken or in writing, concerning matters material to a judicial proceeding"
Note the term "willful". If I assert an untruth, but believe it to be true, I am not willfully doing it.
So there's plenty of wiggle room there for "oops, my mistake".