WordPress Developer, Automattic, Wins Case Over False DMCA Claim

Forum Moderators: not2easy

Message Too Old, No Replies

WordPress Developer, Automattic, Wins Case Over False DMCA Claim

engine

10:51 am on Mar 10, 2015 (gmt 0)

It can be expensive for those that think submitting false DMCA claims is a way of censorship .

Automattic, the company behind blogging site WordPress.com, has won a symbolic but important victory against censorship under the guise of copyright enforcement. Last week, a California court ordered defunct political group Straight Pride UK to pay around $25,000 for telling WordPress.com to take down an interview with a student journalist, falsely claiming to hold a copyright on the material. While the group has apparently all but disappeared, it's a strike against an unfortunately common tactic: abusing automated takedown systems in order to make bad press go away. WordPress Developer, Automattic, Wins Case Over False DMCA Claims [theverge.com]

not2easy

3:08 pm on Mar 10, 2015 (gmt 0)

DMCA was abused in this case, I am happy they fought back - and won the judgement even if the payment is unlikely. The perp will have that over his head to limit opportunities and credibility.

rish3

8:13 pm on Mar 10, 2015 (gmt 0)

Of course, the real problem is organizations like the RIAA that have very flawed automated systems submitting millions of requests, many with no merit.

shri

12:11 am on Mar 11, 2015 (gmt 0)

Question - How do non-US publishers fight bad DMCA takedowns without incurring significant legal costs?

not2easy

1:55 am on Mar 11, 2015 (gmt 0)

@shri - Without changing the topic here I can only suggest you visit ChillingEffects: [webmasterworld.com...] and research responses.

A Takedown occurs by default when a compliant host receives a DMCA complaint. They need to supply a copy to you if your site was affected and you have opportunity to respond. If you want to take this further, please start a new thread and it can be addressed better.

fathom

6:45 am on Mar 11, 2015 (gmt 0)

Question - How do non-US publishers fight bad DMCA takedowns without incurring significant legal costs?

File a counterclaim (assumes "bad" means you are the rightful copyright holder). Cost nothing.
________________________

We are going through this now (the reverse of this thread) I'm settling for $19,500 just to get this over. But will have the attorneys litigate if we must.

The lawyers are the only potential winners.

graeme_p

11:22 am on Mar 15, 2015 (gmt 0)

defunct political group Straight Pride UK

Are they real? I thought they were a spoof - their Twitter stream certainly read like one.

As far as I can see the case seems to concern a manual false claim, and may not affect automated ones.