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by AnthonyMouse
2228 days ago
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> Much harder to read this as you propose. It has the exact same ambiguity. They even put the same comma between "under penalty of perjury that he is an authorized representative of the copyright owner" and "that he has a good-faith belief that the material is unlicensed." > Both cases are obiter dictum, since it's not relevant to the ruling. But they provide a strong indication of what a court ruling on the perjury issue directly would say, and they would certainly be persuasive authority. This was kind of my point. Having to bring in some dicta from unrelated cases because there are no actual perjury cases to cite pretty well implies that there are no teeth in the perjury requirement one way or another. It's not as if there have been a lack of fraudulent DMCA claims to prosecute either. |
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