Hacker Newsnew | past | comments | ask | show | jobs | submitlogin

Presumably, Takedown Piracy LLC and their client would have to have signed the Sworn Statements on Google's DMCA page [0]:

    I have a good faith belief that use of the copyrighted 
    materials described above as allegedly infringing is not 
    authorized by the copyright owner, its agent, or the law.

    The information in this notification is accurate and I 
    swear, under penalty of perjury, that I am the copyright 
    owner or am authorized to act on behalf of the owner of an 
    exclusive right that is allegedly infringed.
Is there any recourse or punishment for falsely submitting a DMCA takedown request for content that is actually not under their copyright?

[0] https://www.google.com/webmasters/tools/dmca-notice?rd=1



You actually can take them to court over false notices.

But that takes time and money most projects don't have.

If Github has the cash sitting around they could sick their lawyers on them for some laughs.


A lawyer could make quite a bundle by taking these lawsuits on commission, ambulance chasing / patent troll style.

After securing power of attorney from actual owner, mail form letters requesting immediate withdrawal of dmca and payment of a "small settlement" for the damages caused by it.

Heck, maybe the EFF could get a bunch of junior lawyers on this, it would likely pay by itself.


One of those projects seem to be related to rust and I don't think mozilla is a bit player.


Sure, you can take that tiny little shell holding company for all its worth...


If enough of those tiny little shell companies get wrung out to bankruptcy, there won't be any left to act as fronts for this kind of unethical, and illegal, behavior. And, if they are acting on behalf of other companies, that would likely come out in the court proceedings...which could allow taking the suit up the chain to the actual parties who instigated it. One would hope, anyway, though IP law in the US behaves in deeply irrational ways sometimes.


> If enough of those tiny little shell companies get...

They are so easy to setup that you'll never win that race. It'll cost you in time and other resource every time, and you'll get nothing back, and while you are faffing around with one ten more companies are ready to go.




Guidelines | FAQ | Lists | API | Security | Legal | Apply to YC | Contact

Search: