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by ikeboy 2142 days ago
DMCA notices are submitted under penalty of perjury, which means someone submitting false ones could be prosecuted criminally. We need an ambitious DA somewhere to enforce this, though.

I've been tracking lawsuits for false DMCA or trademark/patent claims, there's been a rising number, but any litigation takes time and money. I would support a law with punitive damages for such offenses, as well as a law making clear that such conduct is not legally protected (IP abusers have argued they have 1st amendment rights to say whatever they want, or similar argument.)

Note that it's sometimes possible to sue for antitrust violations, which carries a triple damages provision. I'm also currently attempting to get a RICO claim to work with an underlying wire fraud predicate, which would also lead to triple damages.

1 comments

In some U.S. states it's still possible for a private citizen to prosecute a crime. I wonder if that could be applied to cases like this.

https://en.wikipedia.org/wiki/Private_prosecution?wprov=sfla...

I considered that. It should be fairly simple to find evidence in any particular state, just dig through Google's transparency reports. Would be fascinating to watch.