08-19-2009, 03:12 PM | #121 | |
Exwyzeeologist
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08-19-2009, 03:16 PM | #122 |
Wizard
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There are instances when someone may honestly believe they own the copyright. Such would be if they unwittingly signed away in some publishing deal. In the '50s and '60s, many writers (especially in the music industry) were tricked into signing away rights to their works, and didn't find out till later. Part of why they say always to check the fine print.
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08-19-2009, 03:45 PM | #123 |
Grand Sorcerer
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Likewise, a publisher could believe they have purchased rights that they have not, because the technology or the law changed since the contracts were written.
But most false claims of copyright are publishers who claim "no part of this book may be copied without permission," when the text itself is in the public domain. |
08-19-2009, 04:01 PM | #124 |
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I would assume that both of those examples are a very small subset of the DMCA abuses. Most of the ones I've seen are from companies who likely had no confusion about their rights (or lack of), but decided to issue a DMCA takedown anyway, knowing full well that they were going to be able to get away with it. In those cases, perjury would certainly apply, if it ever got pursued that far.
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08-19-2009, 04:03 PM | #125 |
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Or if they had accidentally neglected to renew copyrights, or that they were granted rights temporarily, and that has since expired.
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08-19-2009, 04:41 PM | #126 |
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None of which really apply to any of the common DMCA abuses I'm aware of.
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08-19-2009, 05:05 PM | #127 |
Wizard
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I think we're getting away from the point (if there was one to begin with). Knowingly making a false claim in a DMCA takedown does in fact have penalties associated with it, even though they are rarely enforced. That's basically what we were originally talking about, I think.
Whether or not it's possible to unknowingly make false claims in certain cases doesn't change the above. |
08-19-2009, 06:01 PM | #128 |
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Yeah, unfortunately, there is almost nothing done, since all the burden ends up upon the accused to get the ball rolling against the false accusation. I don't think I've heard of one single incident where a false accusation was ever prosecuted.
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08-19-2009, 06:17 PM | #129 | |
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(I believe their response was something like, "um, no, of course that wasn't an DMCA complaint! It was just an, um, request that they remove stuff.") |
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08-20-2009, 05:47 AM | #130 | |
frumious Bandersnatch
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08-20-2009, 06:15 AM | #131 |
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I was given to believe that in UK and US law, "ignorance" was never a defence.
And I hasten to add that my use of the term ignorance refers only to someone making a claim they were not personally sure was true. |
08-20-2009, 07:10 AM | #132 | |
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And if real evidence comes to light, the company can just say "oops, we must have goofed in our record keeping" and they get off without penalty. |
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08-20-2009, 11:15 AM | #133 | |
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If you didn't know you were claiming something that wasn't true, it's not perjury. Ignorance of the law is no defense; not knowing it's illegal to lie on some contracts doesn't keep you from perjury. However, saying something that's not true is not perjury (not even saying it under oath); only deliberately lying is perjury. Absolute surety isn't required, just lack of intent to deceive, and lack of firm contradictory knowledge. (I have friends who get into this with medical forms all the time; nurses get upset when people won't fill things out because they don't know if diabetes runs in the family, because they were adopted.) |
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08-22-2009, 09:33 PM | #134 | |
King of the Bongo Drums
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"What a maroon" the Harry Potter publisher is. (Bugs Bunny) |
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08-22-2009, 09:38 PM | #135 | |
Blue Captain
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I think the answer was 'that's nice', would you like to point out the Australian legislation to validate your claim? Nothing heard back after that. A classier response than piss off you yank scumbag, which is what it really deserved. |
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