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by filoleg
1208 days ago
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Why would a tiny Slovakian studio loudly proclaim that they are planning to continue fighting this lawsuit, if they believed that they were in the wrong? Especially given that the studio knows they are being directly sued by a lawyer who feels wronged and has a personal vendetta against them. Not even mentioning, above all, that DMCA strikes have been weaponized and abused by powerful players before. More importantly, I believe that the burden of proof is on the accuser, and so far the only thing the've done is filing DMCA takedown requests. Which have a notoriously low bar for what constitutes "evidence", thus making it a very useful instrument for harassment. Unless we discover that the developers simply lied in their official statement on the issue, the current situation seems like a fairly typical DMCA abuse case. Since they are planning to fight the DMCA takedowns, I expect we will find out the truth soon enough. Disclaimer: I am not trying to write some anti-DMCA manifesto, but just to simply illustrate the reality of the situation. DMCA is an imperfect solution to a problem, and I believe it certainly could be done better and/or improved. However, it is easier said than done, as I don't have a proposal in mind for a better system. Getting rid of DMCA entirely without introducing a replacement mechanism is just going to open up another problematic can of worms, so I am not going to advocate for that until I have something better in mind. |
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The implementation part is where the problem lies. If this company is right, then they are being actively harmed by the utility provided in the very law that has defined them to be in the right!
Even if the DMCA takedown feature makes logical sense in the abstract, its thoroughly demonstrated utility for abuse shows us that the law itself fails to implement its own application.
The correct way to resolve this problem is to change the law, such that it is no longer abusable.