Quote:
Originally Posted by pholy
Sorry, kennyc, it is the law under DMCA. That's what 'notice and takedown' is. And if ACTA gets through, if three anybodies accuse you (generic you, not personal) you lose your internet access. No court, no proof, just accusations.
Don't be afraid, be angry.
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No. It would still have to be proven in court if it goes that far. In cases where it is clearly a violation, it likely doesn't go there, but you can't just make a bogus accusation and have it stand legally.
Just like copyright. You can claim a violation, but it has to be proven in court.
From wikipedia:
Criticisms
Takedown Notice
The DMCA has been criticized for making it too easy for copyright owners to encourage website owners to take down allegedly infringing content and links which may in fact not be infringing. When website owners receive a takedown notice it is in their interest not to challenge it, even if it is not clear if infringement is taking place, because if the potentially infringing content is taken down the website will not be held liable. The Electronic Frontier Foundation senior IP attorney Fred von Lohmann has said this is one of the problems with the DMCA.[15]
Google asserted misuse of the DMCA in a filing concerning New Zealand's copyright act,[16] quoting results from a 2005 study by Californian academics Laura Quilter and Jennifer Urban based on data from the Chilling Effects clearinghouse.[17] Takedown notices targeting a competing business made up over half (57%) of the notices Google has received, the company said, and more than one-third (37%), "were not valid copyright claims."[18]